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Resigning within probationary period query, please advise.

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youdontngo
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Resigning within probationary period query, please advise.

Postby youdontngo » Sun, 29 May 2011 1:33 am

Probationary Period:
You shall be required to undergo a probationary period of 3 months at the end of which you performance will be reviewed. At the Company's absolute discretion, the probationary period may be extended for a further period of 3 months. During the probationary period, should you decide to resign you will be required to compensate the company an equivalent of one months gross salary.

Notice of Termination:
Either party giving 1 week's notice during the probationary period in writing to the other party without giving any reasons. If the Company extends your probationary period, the period of notice will to be given by you or the Company to terminate your employment shall remain one week.

Hey everyone, I was hoping you guys could help shed some light. I'm unpleased with my job and want to leave. I'm coming nearing the end of probation in the next few weeks. Above are the clauses in my contract, pretty standard I suppose. On the contract my start date is the March 14th but actual start date was the 21st.

My question is, if I await until the 15th of June to submit my letter and begin the resignation period of one week, my official last day would be the 22nd of June, will I still be entitled to pay 1 the penalty? Does "resignation" refer to the day I submit my letter or does it mean the actual last day of working?

I would greatly appreciate your advice! :D

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Re: Resigning within probationary period query, please advis

Postby JR8 » Sun, 29 May 2011 3:42 am

youdontngo wrote:. During the probationary period, should you decide to resign you will be required to compensate the company an equivalent of one months gross salary.


[I am not a lawyer]


It looks to me like the contract is really badly worded, since you have decided to resign. I think the intention is regarding your having - served notice of resignation.

Hopefully some legal-beagle will be along shortly to clarify. Meanwhile otherwise I would try and hold on to the last day, then serve a weeks notice, at least then there is no uncertainty.

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Postby Mad Scientist » Sun, 29 May 2011 3:54 am

During probationary period, the day when you submitted the letter with the date stipulated on the letter itself will be your ONE Week in lieu of notice hence one week later you can leave the company. The letter needs to be accepted and signed albeit acknowledged by the company HR/director in order for it to take effect. A signed copy must be given back to you as some company may hold it back and accepted your resignation letter for some reasons or another.
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Postby JR8 » Sun, 29 May 2011 5:14 am

That's interesting. So if HR (or whom ever the recipient is) refuses to acknowledge it, then you have no proof of having served notice?

In the UK, if you serve notice by post, it is deemed to have been received one day after posting. (So to be watertight, all you need is a Certificate of Posting (free)).

p.s. Another area is notice via e-mail, apparently equally as valid... but I'm no expert.

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Postby youdontngo » Sun, 29 May 2011 11:11 am

Mad Scientist wrote:During probationary period, the day when you submitted the letter with the date stipulated on the letter itself will be your ONE Week in lieu of notice hence one week later you can leave the company. The letter needs to be accepted and signed albeit acknowledged by the company HR/director in order for it to take effect. A signed copy must be given back to you as some company may hold it back and accepted your resignation letter for some reasons or another.


Sorry I'm a bit bad at legal talk, do you mean to say that my resignation is on the day submitted to/accepted by HR, not the last working day itself?

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Re: Resigning within probationary period query, please advis

Postby sundaymorningstaple » Sun, 29 May 2011 12:40 pm

youdontngo wrote:Probationary Period:
You shall be required to undergo a probationary period of 3 months at the end of which you performance will be reviewed. At the Company's absolute discretion, the probationary period may be extended for a further period of 3 months. During the probationary period, should you decide to resign you will be required to compensate the company an equivalent of one months gross salary.

Notice of Termination:
Either party giving 1 week's notice during the probationary period in writing to the other party without giving any reasons. If the Company extends your probationary period, the period of notice will to be given by you or the Company to terminate your employment shall remain one week.

Hey everyone, I was hoping you guys could help shed some light. I'm unpleased with my job and want to leave. I'm coming nearing the end of probation in the next few weeks. Above are the clauses in my contract, pretty standard I suppose. On the contract my start date is the March 14th but actual start date was the 21st.

My question is, if I await until the 15th of June to submit my letter and begin the resignation period of one week, my official last day would be the 22nd of June, will I still be entitled to pay 1 the penalty? Does "resignation" refer to the day I submit my letter or does it mean the actual last day of working?

I would greatly appreciate your advice! :D


The two bolded lines in your contract extracts above are at odds with each other.

Resignation means your last day of work. The date of the resignation must be sufficient time BEFORE that date to allow for said notice period, e.g., "I am giving notice today, 15 June 2011 that my last day of work, as per the terms of my contract, will be on 22 June 2011"

However, there is still the problem between the contents of the Probation and the termination clauses.

From a purely legal point of view, if you are a foreigner, you are required by IRAS to give one months notice in order for your tax clearance to be filed and cleared, and as such, the employer is required by law to withhold any and all monies due you until such time as they receive the tax bill from IRAS and the taxes can be deducted from your salaries before releasing the balance of said monies to you.

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Postby Mad Scientist » Mon, 30 May 2011 4:10 am

JR8 wrote:That's interesting. So if HR (or whom ever the recipient is) refuses to acknowledge it, then you have no proof of having served notice?

In the UK, if you serve notice by post, it is deemed to have been received one day after posting. (So to be watertight, all you need is a Certificate of Posting (free)).

p.s. Another area is notice via e-mail, apparently equally as valid... but I'm no expert.


This is the ugly side of SG employers which may not be common but it is definitely practised.
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Postby carteki » Tue, 31 May 2011 10:42 am

Mad Scientist wrote:
JR8 wrote:That's interesting. So if HR (or whom ever the recipient is) refuses to acknowledge it, then you have no proof of having served notice?

In the UK, if you serve notice by post, it is deemed to have been received one day after posting. (So to be watertight, all you need is a Certificate of Posting (free)).

p.s. Another area is notice via e-mail, apparently equally as valid... but I'm no expert.


This is the ugly side of SG employers which may not be common but it is definitely practised.


It is weird that - the concept of "refusing a resignation". What do they do if you just don't pitch up at work the day after your notice period ends?


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