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Need to pay employment agency 1 mth wage if i resign <3mth

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touchring
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Need to pay employment agency 1 mth wage if i resign <3mt

Postby touchring » Tue, 06 Dec 2011 6:57 pm

I've a friend who is in this predicament in which she had to work everyday for 12 hours due to the huge amount of work, and after 2 months, she burnt out.

Now she wants to resign but the problem is that she signed a contract with the employment agency which says she must pay 1 mth wage in compensation if she resigns in less than 3 month.

Is such a contract enforceable? Anyone familiar with such a case? Grateful for any opinion. Thanks.

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Re: Need to pay employment agency 1 mth wage if i resign <

Postby Mad Scientist » Wed, 07 Dec 2011 3:09 am

touchring wrote:I've a friend who is in this predicament in which she had to work everyday for 12 hours due to the huge amount of work, and after 2 months, she burnt out.

Now she wants to resign but the problem is that she signed a contract with the employment agency which says she must pay 1 mth wage in compensation if she resigns in less than 3 month.

Is such a contract enforceable? Anyone familiar with such a case? Grateful for any opinion. Thanks.


Yes, employment contract supersedes Employment ACT
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Postby BillyB » Wed, 07 Dec 2011 10:09 am

Resign after 3 months and problem solved!

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Postby nutnut » Wed, 07 Dec 2011 10:41 am

If the contract says 8 hours on it, then leave after 8 hours, whether there is work or not! Then resign at 3 months. :)
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Re: Need to pay employment agency 1 mth wage if i resign <

Postby farlene » Wed, 07 Dec 2011 11:35 am

just my 1-cent worth. if i'm wrong, i apologise.
1. if it's really really bad, re-read the agreement look out for anything that could help you friend resign earlier. I'm pretty sure it's there somewhere.
2. otherwise, I agree with Nutnut. work within the office hours and leave after 3 months.




touchring wrote:I've a friend who is in this predicament in which she had to work everyday for 12 hours due to the huge amount of work, and after 2 months, she burnt out.

Now she wants to resign but the problem is that she signed a contract with the employment agency which says she must pay 1 mth wage in compensation if she resigns in less than 3 month.

Is such a contract enforceable? Anyone familiar with such a case? Grateful for any opinion. Thanks.

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Postby ecureilx » Wed, 07 Dec 2011 2:21 pm

farlene and nutnut: assumptions, assumptions

The one-post wonder OP, I guess is not a local, and would most likely be at the mercy of the agent, and I am almost sure there is a clause that also says said person cannot work in Singapore if they jump ship etc. etc

let the OP come back and clarify if the person in question is a local / foreigner and what else does the contract state.

Well, you can do the 'work 8 hour thingy' but, the agent, if he / she is ruthless would also be quick to dock the pay accordingly .. or fire and demand compensation .. So how ??? :) :)

And 12 hours work is common in FnB line, and service sectors .. I know enough people who start work at 7 AM and end at 7 PM .. others start at 11 AM and end at midnight 12 .. so ???? Again, all assumption is the OP's friend is a "OFFICE STAFF" :D :D

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Postby sundaymorningstaple » Wed, 07 Dec 2011 3:12 pm

Hey squirrel....... pot, kettle, black?

ecureilx wrote:farlene and nutnut: assumptions, assumptions

The one-post wonder OP, I guess is not a local, and would most likely be at the mercy of the agent, and I am almost sure there is a clause that also says said person cannot work in Singapore if they jump ship etc. etc

Assumption.

let the OP come back and clarify if the person in question is a local / foreigner and what else does the contract state.

Well, you can do the 'work 8 hour thingy' but, the agent, if he / she is ruthless would also be quick to dock the pay accordingly .. or fire and demand compensation .. So how ??? :) :)

Assumption.

And 12 hours work is common in FnB line, and service sectors .. I know enough people who start work at 7 AM and end at 7 PM .. others start at 11 AM and end at midnight 12 .. so ????

But how many hours a week to they work. Assumption.

Again, all assumption is the OP's friend is a "OFFICE STAFF" :D :D

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Postby ecureilx » Wed, 07 Dec 2011 3:24 pm

sundaymorningstaple wrote:Hey squirrel....... pot, kettle, black?


Of course, couldn't resist adding to the assumptions :D :D

ASSUME->ASS-of-U-and-ME :D :D

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Re: Need to pay employment agency 1 mth wage if i resign <

Postby the lynx » Wed, 07 Dec 2011 4:17 pm

touchring wrote:I've a friend who is in this predicament in which she had to work everyday for 12 hours due to the huge amount of work, and after 2 months, she burnt out.

Now she wants to resign but the problem is that she signed a contract with the employment agency which says she must pay 1 mth wage in compensation if she resigns in less than 3 month.

Is such a contract enforceable? Anyone familiar with such a case? Grateful for any opinion. Thanks.


Well you have said she has worked for 2 months already. Just add another month and your problem is solved!

But we need more info before we can advise anything. What's the nature of her work? Admin/F&B/etc? The hours? Any additional clause stated in the agreement?

That clause is actually very common but that's about it unless you have any further info.

Good luck.

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Postby nutnut » Wed, 07 Dec 2011 4:19 pm

ecureilx wrote:farlene and nutnut: assumptions, assumptions

The one-post wonder OP, I guess is not a local, and would most likely be at the mercy of the agent, and I am almost sure there is a clause that also says said person cannot work in Singapore if they jump ship etc. etc

let the OP come back and clarify if the person in question is a local / foreigner and what else does the contract state.

Well, you can do the 'work 8 hour thingy' but, the agent, if he / she is ruthless would also be quick to dock the pay accordingly .. or fire and demand compensation .. So how ??? :) :)

And 12 hours work is common in FnB line, and service sectors .. I know enough people who start work at 7 AM and end at 7 PM .. others start at 11 AM and end at midnight 12 .. so ???? Again, all assumption is the OP's friend is a "OFFICE STAFF" :D :D


Bite me!

;)
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Re: Need to pay employment agency 1 mth wage if i resign <

Postby JR8 » Wed, 07 Dec 2011 5:24 pm

Mad Scientist wrote:Yes, employment contract supersedes Employment ACT


MS, I've rubbed my eyes over this point a couple of times and still find it hard to understand what you are saying - that a contract of employment overides statute?

If that were the case, could you say enter a work contract to drive 6 return trips a day between Tuas and Changi between the hours of 9-5pm, and the contract thus legally permits you to break the speed limit?

Sorry, confused? :?

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Postby nakatago » Wed, 07 Dec 2011 8:10 pm

I think MS means that in absence of any statute in the employment act, a contract statute then is enforceable.

The problem is, the employment act sets a really low bar.

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Postby x9200 » Wed, 07 Dec 2011 9:08 pm

We had this discussion before and I also think saying that the contract supersede a statute is misleading. What could this mean in the practical sense is something like this: "unless defined otherwise in the employment agreement: ..... and here goes a specific clause ...." So i.e. The statute: ....annual leave entitlement should be 14 days but if this is defined in the contract to be 10 days only this supersedes what is defined in the statute (because the statue allows it).

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Postby sundaymorningstaple » Wed, 07 Dec 2011 9:30 pm

Okay folks. From the hoss's mouth....

The Employment Act only serves as a guideline and protection against abuse by an unscrupulous employer.

As long as the employer gives AT LEAST the minimum benefits they will not fall foul of the Act. But they can give as much as they want to the employee if it is in the employees favour, but the cant give less to be in the employers favour. As long as the employer give 7 days annual leave a year they are within "the minimums as set out by the act". The are allowed to give more if they want.

Same with hours. Unless they are either management staff or staff holding information of a sensitive nature, they can work up to a certain number of hours a week, but MUST be paid 1.5x the excess over 44 hours in the week or 2x for any hours between midnight & 7 am (unless they are on a shift rotation.) or on their normal day off or public Holidays.

Some F&B's and other service industries do work 12 hour shifts but they are limited to the schedule that they can work (these are also shown in the appendix of the ACT.

There are also guidelines as to WHO falls under the Employment Act. Not everybody does, even if their income is below 2K/mo it's possible that they are supervisory staff with access to certain data. These people may or may not be paid overtime and employers can get away without paying overtime in these cases. Good employers may not necessarily pay overtime but make up the time in other ways in order to "keep the peace".


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