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Consequences of Rejecting employment contract

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thunder_storm
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Consequences of Rejecting employment contract

Postby thunder_storm » Sat, 27 Nov 2010 4:22 pm

Hi Everyone,

I had been offered a job in Singapore and my employment pass has been approved. I have also signed employment contract however now I have decided to continue with my current employer due to some personal constraints in my home country.

I would like to know about the legal consequences which Singapore employer can take to claim for the expenses which they have paid during my recruitment.

How much in SGD I have to pay if employer takes legal action against me ?

As per the rules stated on the MoM :

"New Recruit who Has Signed the Letter of Employment but Failed to Turn up for Work

If a new recruit has signed the letter of employment but subsequently informed the employer that he does not intend to start work with the company and failed to turn up on his first day of work, the Employment Act does not apply as the employer-employee relationship has not started.

Hence the employer will not be able to claim notice pay or any compensation under the Employment Act.

If the employer wishes to claim compensation from the recruit, he should pursue a civil claim through his own lawyer. "

As per the above law I would like to know how much can Employer claim for compensation ?

Kindly help me .

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Mad Scientist
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Re: Consequences of Rejecting employment contract

Postby Mad Scientist » Fri, 03 Dec 2010 4:54 am

thunder_storm wrote:Hi Everyone,

I had been offered a job in Singapore and my employment pass has been approved. I have also signed employment contract however now I have decided to continue with my current employer due to some personal constraints in my home country.

I would like to know about the legal consequences which Singapore employer can take to claim for the expenses which they have paid during my recruitment.

How much in SGD I have to pay if employer takes legal action against me ?

As per the rules stated on the MoM :

"New Recruit who Has Signed the Letter of Employment but Failed to Turn up for Work

If a new recruit has signed the letter of employment but subsequently informed the employer that he does not intend to start work with the company and failed to turn up on his first day of work, the Employment Act does not apply as the employer-employee relationship has not started.

Hence the employer will not be able to claim notice pay or any compensation under the Employment Act.

If the employer wishes to claim compensation from the recruit, he should pursue a civil claim through his own lawyer. "

As per the above law I would like to know how much can Employer claim for compensation ?

The Employment Act is ONLY A GUIDELINE . It is meant for odd job labourer , day workers and encompasse a wider circle. The employment contract that you signed supersedes the Employment Act.
The devil in the detail of that contract. White collar workers based on general rule of thumb if you are dealing directly with the employer , they can ask you to compensate from one to three months OR NOTHING at all. If you are dealing with an agencies, they will asked for placement fees, commission fees and any other extras that they may find fit.Both can file a report to MOM about your employment behaviour.
Read your contract again and go from there.



Kindly help me .
The positive thinker sees the invisible, feels the intangible, and achieves the impossible.Yahoo !!!

thunder_storm
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Re: Consequences of Rejecting employment contract

Postby thunder_storm » Sat, 04 Dec 2010 1:33 am

Mad Scientist wrote:
thunder_storm wrote:Hi Everyone,

I had been offered a job in Singapore and my employment pass has been approved. I have also signed employment contract however now I have decided to continue with my current employer due to some personal constraints in my home country.

I would like to know about the legal consequences which Singapore employer can take to claim for the expenses which they have paid during my recruitment.

How much in SGD I have to pay if employer takes legal action against me ?

As per the rules stated on the MoM :

"New Recruit who Has Signed the Letter of Employment but Failed to Turn up for Work

If a new recruit has signed the letter of employment but subsequently informed the employer that he does not intend to start work with the company and failed to turn up on his first day of work, the Employment Act does not apply as the employer-employee relationship has not started.

Hence the employer will not be able to claim notice pay or any compensation under the Employment Act.

If the employer wishes to claim compensation from the recruit, he should pursue a civil claim through his own lawyer. "

As per the above law I would like to know how much can Employer claim for compensation ?

The Employment Act is ONLY A GUIDELINE . It is meant for odd job labourer , day workers and encompasse a wider circle. The employment contract that you signed supersedes the Employment Act.
The devil in the detail of that contract. White collar workers based on general rule of thumb if you are dealing directly with the employer , they can ask you to compensate from one to three months OR NOTHING at all. If you are dealing with an agencies, they will asked for placement fees, commission fees and any other extras that they may find fit.Both can file a report to MOM about your employment behaviour.
Read your contract again and go from there.



Kindly help me .


Thanks for your reply. As per the contract the agreement can be terminated by either of them giving 1 month salary or 1 month notice period. Do you think they can claim for more considering I have not joined them and currently not in Singapore

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Mad Scientist
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Postby Mad Scientist » Sat, 04 Dec 2010 4:53 am

Nah, max. is one month based on that. If you are not here in SG then chances are that they will let you go iwith nothing to pay. My only concern is if they report your behaviour to MOM which might affect your future employment.
Continuing correspond with them with honesty but do not show your cards is the best advise I could give.
The positive thinker sees the invisible, feels the intangible, and achieves the impossible.Yahoo !!!

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carteki
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Postby carteki » Sat, 04 Dec 2010 9:44 am

It really depends on the employer. Most understand that moving to another country is a big decision and would prefer it if you came with the intention of staying. As MS has said - they can report you to the MOM if they feel that you may be "abusing" the system, but if it is a geniune family / other issue that is keeping you back I can't see what the problem will be (but that is not necessarily how your employer is going to act)
If it is going to stress you out - don't move here - it isn't easy settling into a new place - even if it is going to cost you money. But be sure that you are being honest etc because karma usually has a way of catching up on you.

Ecchi
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Location: Singapore

Postby Ecchi » Sat, 04 Dec 2010 10:39 am

Why don't you have a good discussion with the company?

Since you also not coming Singapore to work, i think this should be good reason for you and bargain for not compensate 1 mth...

:P


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