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Pre termination penalty in employment contract

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lalitpct
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Postby lalitpct » Wed, 13 Aug 2014 12:37 pm

Contacted previous company and they say since there is penalty clause hence I need to pay , they were bargaining how much I can pay.

I find my self very helpless now
1. Going by MOM seems lengthy process and also at the end I dont know if LOC will really be cancelled.(I have initiated the process adn trying to expediate)

2. Ex company is having upper hand as they are soft blackemailing by bargaining.

Talked to several HR friends and they suggesst only MOM way but my other issue is the new job offer as they cant wait for long time.

Will keep on posted what happens next.

With one 1 stupid mistake I made I lost 1 n half month salary , humiliated by terminating and now even seems like I will be victim of blackmailing.

lalitpct
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Update on the issue

Postby lalitpct » Sat, 16 Aug 2014 1:39 am

MOM asked me to send email to HR and keep them in loop , we only asked reason of not cancelling to which I got below response..

"We have scheduled a meeting with you today atYY PM as per our earlier conversation and you did not turn up. As I spoken to you earlier, I am traveling and we can meet on any date after 28th August, 2014 XXX office.

Please send us your updated address and contact number. Our earlier attempts to reach you at the last known address went in vain.

Now you have appeared out of the blue and wants matters to be settled immediately.

Your cooperation is solicited"

I have idea what to reply but want to know expert advice......

brian_singapore
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Postby brian_singapore » Sat, 16 Aug 2014 11:12 am

So here is the question - is termination of an LoC back to MoM (or any other work permit) supposed to be an automatic, statutory process separate from any contractual requirements between employer and employee? Is the employer obligated to do this on MoM stipulated timeframes no matter what?

I.e. can the employer legally withhold cancellation in order to enforce contractual commitments. I would have thought enforcement of termination clauses and conditions in an employment contract would be a civil matter (including the necessary time and cost).

lalitpct
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Postby lalitpct » Sat, 16 Aug 2014 1:12 pm

That's what I thought , I want to very cautious very replying .
What would be appropriate response or shall I check MOM on it.

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Postby brian_singapore » Sat, 16 Aug 2014 3:09 pm

lalitpct wrote:That's what I thought , I want to very cautious very replying .
What would be appropriate response or shall I check MOM on it.


Honestly, if I was personally facing this issue, I would be inclined to seek legal council at this point, especially with another job on the line. Yes it will cost a bit of money in the short term, but it may save you a lot of money, time and stress in the long term.

It becomes a case of penny-wise, pound foolish.

lalitpct
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Postby lalitpct » Sun, 17 Aug 2014 2:24 pm

U mean ..but MOM is involved now..and going to lawyer will be expensive affair .
In that case we better offer money to the company isn't it??

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Postby ecureilx » Sun, 17 Aug 2014 6:25 pm

lalitpct wrote:U mean ..but MOM is involved now..and going to lawyer will be expensive affair .
In that case we better offer money to the company isn't it??


my 2 cents?

you ASS-U-ME they are after money

why would they need your local address?

as said, possibly to serve you notice

it is catch 22

if you refuse to give the address they may claim to MOM you are a runaway

if you give them the address they may serve a legal letter, contents of which you will not know until you get it

I am still miffed why you kept this going on for so long, than settle it unless you or your wife had said/done something to the employer.

if the employer was like one of the bosses I worked for long time ago, they may just want to drag you just for the fun of doing it and your playing hide and seek only strengthens their resolve.

some may do itm even if they know it costs them more money, like the type where the employer I mentioned sued a former employee for slander and won 5,000 $ damages, and Drew Napier took all the money as legal fees.
Last edited by ecureilx on Sun, 17 Aug 2014 8:02 pm, edited 1 time in total.

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Mi Amigo
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Re: Update on the issue

Postby Mi Amigo » Sun, 17 Aug 2014 7:50 pm

lalitpct wrote:MOM asked me to send email to HR and keep them in loop , we only asked reason of not cancelling to which I got below response..

"We have scheduled a meeting with you today atYY PM as per our earlier conversation and you did not turn up. As I spoken to you earlier, I am traveling and we can meet on any date after 28th August, 2014 XXX office.

Please send us your updated address and contact number. Our earlier attempts to reach you at the last known address went in vain.

......

Question: Is what the employer stated above true? If not, have you refuted it to them in writing? If not, why not?
Be careful what you wish for

lalitpct
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Postby lalitpct » Sun, 17 Aug 2014 11:54 pm

Its not true , I got mail on Friday and hence will reply Monday morning ....
1. No meeting was scheduled
2.They have contact number but may be they don't have updated address.

I want to write email carefully so that they don't get offensive and attract their anger..

Only thing I am looking is that LOC shd be cancelled , I don't want to mess with the company as what I belive is its there daily thing but for me its not easy to keep on fighting with them

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Postby JR8 » Mon, 18 Aug 2014 9:11 am

lalitpct wrote:I want to write email carefully so that they don't get offensive and attract their anger..



Good idea. In such a situation it can be difficult to not show your anger, but it's much better for you if you don't. Stick to the facts, and if relevant any consequences of those facts.

'You did/didn't do X as promised in document Z, and as a result Y has happened'. That kind of thing.

If you like write your draft e-mail, make it as angry as you like. Then, deep breath... and three hours later come back and take out the anger. Another three hours later come back and take out the emotion. One day later read it again, and check it's pared back to the facts. I've done this myself a few times, as it can be very hard to emotionally disengage from a stressful situation like this.

Imagine your e-mails being read by a lawyer, in open court, in front of the judge and members of the public. You want to sound calm, measured, and honest, rather than angry and out of control.

lalitpct
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Postby lalitpct » Mon, 18 Aug 2014 12:29 pm

Talked to MOM they forwarded issue to "labour relation workplace devision for adjudication".
Tone of office was sorry I cant advice you on this and cant cancel the LOC as other side dont want to cancel it.

Now it looks like deep trouble for me.
1.MOM is looking into aspect that there is contract , but they dont see that person is not employed to the company.
2.It seems MOM only helps employer as the intention of employer is to drag this issue.

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Postby lalitpct » Mon, 18 Aug 2014 2:41 pm

below is the response from MOM..

As we understand from your email below that you have outstanding salary and other employment issues with your employer (including notice period disputes), we will be referring your case to Labour Relation Workplace Division for adjudication

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ecureilx
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Postby ecureilx » Mon, 18 Aug 2014 3:25 pm

lalitpct wrote:Talked to MOM they forwarded issue to "labour relation workplace devision for adjudication".
Tone of office was sorry I cant advice you on this and cant cancel the LOC as other side dont want to cancel it.

Now it looks like deep trouble for me.
1.MOM is looking into aspect that there is contract , but they dont see that person is not employed to the company.
2.It seems MOM only helps employer as the intention of employer is to drag this issue.


your failure to provide your address is reason sufficient for the employer to claim you are playing hide and seek, is what I wrote before and I will repeat it

if you had nothing to worry why play a game you may lose?

the momebr you knew that employer is gonna drag it either you should have played by the law, let them have your address and faced whatever they throw at you, and wait till things are cleared before hitting them back hard .. or give up the idea of getting another LOC for your wife

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Postby lalitpct » Tue, 19 Aug 2014 12:50 am

hmm ok .. I think better I let the DP expire in that case I am assuming LOC gets cancelled automatically

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ecureilx
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Postby ecureilx » Tue, 19 Aug 2014 10:41 am

lalitpct wrote:hmm ok .. I think better I let the DP expire in that case I am assuming LOC gets cancelled automatically


when you renew the DP, the spouse will have the same FIN #. and all past history will pop up

I suggest again, own up to what you did or didnt do, go to the MOM meeting and fix it!!!



PS, are you refusing to provide the address to the employer out of fear that they gonna send a bunch of goons??????


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