Unfair practice of employer

oldtree · Post by **oldtree** » Sat, 26 Feb 2011 1:58 pm

Company X is using it influences to have an unannounced agreement with its vendors and business partners.

An agreement where company X need to be informed whenever an employee from company X apply job with these vendor or partner, the employee he/she will never get the job offer unless Company X agree to it.

Company X is one of the largest in it industrial, with this agreement employee of the Company X basically has lost the chances in pursuit of better job and income in other company.

Not only it is very difficult for them to find another job offer also knowing their boss will be informed when they have sent out job application. They be forced to stay even they are not happy to work with company X because a lot of company do not dare to hire them.

Do you think it is fair? any idea whether if that is within their employer's rights? or can we do anything about it?

Post by **sundaymorningstaple** » Sat, 26 Feb 2011 3:30 pm

It called a work-around to the non-complete clause that normally found in certain industries. And nope, there is nothing you can do about it, at least here in Singapore. So it sounds like you are not leaving in good graces.

You are not being forced to stay. You are just being denied to go to work for the company's competitors. You can always change occupations.

Mad Scientist · Post by **Mad Scientist** » Sat, 26 Feb 2011 5:41 pm

This is quite a common practise here. Some had it written on the employment contract that you are not allowed to work for your employer's competitors for a certain number of months or years.
To be fair , employer might be worried that you have stole the company secret and provide an edge to your current employer's competitor.

oldtree · Post by **oldtree** » Sat, 26 Feb 2011 9:13 pm

I won't complaint if it is written on the employment contract that I had signed, the problem is it isn't.

Post by **sundaymorningstaple** » Sat, 26 Feb 2011 9:21 pm

That's because it's hard to enforce in Singapore. That's why I said it's a work-around.

Post by **nakatago** » Sun, 27 Feb 2011 12:38 am

Fair, no.
Legal, yes.

intellectualsmuse · Post by **intellectualsmuse** » Wed, 02 Mar 2011 9:57 am

nakatago wrote:Fair, no.
Legal, yes.

But I read somewhere( that even if your contract says you cant work for competitors for X months, it is not enforceable as it is "anti-competitive" and restricts your ability to make a living, so to say.

My contract has this clause though.

Post by **sundaymorningstaple** » Wed, 02 Mar 2011 10:19 am

This is true, and "often" it cannot be enforced, but there have been cases where it has. However, collusion between your company and it's business partners where they agree NOT to hire you is something that there is no law against, nor is their a way to prove it either. It's pretty evil, but as Nak said, Legal? yes. Fair? No. What to do?

Nath21 · Post by **Nath21** » Wed, 02 Mar 2011 11:37 am

My wife just got sacked because she was pregnant, wasnt given a bonus because she was white, they then extended her notice period because they couldnt find anyone and when she took 3 days sick leave last week to look after our child, she was effectively re-sacked immediately.

Singapore

intellectualsmuse · Post by **intellectualsmuse** » Wed, 02 Mar 2011 4:39 pm

Nath21 wrote:My wife just got sacked because she was pregnant, wasnt given a bonus because she was white, they then extended her notice period because they couldnt find anyone and when she took 3 days sick leave last week to look after our child, she was effectively re-sacked immediately. Singapore

Wow, do they need you to serve notice period if they sack you?

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Unfair practice of employer

Unfair practice of employer

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