Singapore Expats Forum

Suspension Notice Question

A moderated forum for serious discussions only.
chaokeeng
Newbie
Newbie
Posts: 2
Joined: Mon, 23 Sep 2013

Suspension Notice Question

Postby chaokeeng » Mon, 23 Sep 2013 9:39 pm

I received a Suspension Notice from my boss because of unsatisfactory performance.

It also stated the following:
*I disrespected my boss.
*I am unprofessional and irresponsible.
*The company has sustained losses.

I am working in Singapore and holding an EPass.
What is the worst thing the employer can do to me? (aside from terminating me).
Can my employer sue me for anything?

AngMoG
Reporter
Reporter
Posts: 609
Joined: Wed, 17 Apr 2013

Postby AngMoG » Mon, 23 Sep 2013 10:24 pm

Most likely is for you to be terminated if you don't improve. They can only sue you if you caused damages to the company willfully or through gross negligence, or well, if you did something criminal (like, willfully damage someone's property or give company secrets to competitors). Unless you did something criminal though, most companies would not pursue it.

User avatar
PNGMK
Governor
Governor
Posts: 5668
Joined: Thu, 21 Mar 2013
Location: Sinkapore

Re: Suspension Notice Question

Postby PNGMK » Tue, 24 Sep 2013 12:55 am

chaokeeng wrote:I received a Suspension Notice from my boss because of unsatisfactory performance.

It also stated the following:
*I disrespected my boss.
*I am unprofessional and irresponsible.
*The company has sustained losses.

I am working in Singapore and holding an EPass.
What is the worst thing the employer can do to me? (aside from terminating me).
Can my employer sue me for anything?


Does your employment contract have any clauses about "consequential damages", "liquidated damages", "damages for gross negligence" etc? If not - just resign and move on. IF so, you've been suckered into a scam.

chaokeeng
Newbie
Newbie
Posts: 2
Joined: Mon, 23 Sep 2013

Re: Suspension Notice Question

Postby chaokeeng » Tue, 24 Sep 2013 8:51 am

AngMoG wrote:Most likely is for you to be terminated if you don't improve. They can only sue you if you caused damages to the company willfully or through gross negligence, or well, if you did something criminal (like, willfully damage someone's property or give company secrets to competitors). Unless you did something criminal though, most companies would not pursue it.


PNGMK wrote:
chaokeeng wrote:I received a Suspension Notice from my boss because of unsatisfactory performance.

It also stated the following:
*I disrespected my boss.
*I am unprofessional and irresponsible.
*The company has sustained losses.

I am working in Singapore and holding an EPass.
What is the worst thing the employer can do to me? (aside from terminating me).
Can my employer sue me for anything?


Does your employment contract have any clauses about "consequential damages", "liquidated damages", "damages for gross negligence" etc? If not - just resign and move on. IF so, you've been suckered into a scam.


The workload is too heavy and the company wants me to do overtime. I didn't render overtime. Does this count as gross negligence?

User avatar
PNGMK
Governor
Governor
Posts: 5668
Joined: Thu, 21 Mar 2013
Location: Sinkapore

Re: Suspension Notice Question

Postby PNGMK » Tue, 24 Sep 2013 9:04 am

chaokeeng wrote:
AngMoG wrote:Most likely is for you to be terminated if you don't improve. They can only sue you if you caused damages to the company willfully or through gross negligence, or well, if you did something criminal (like, willfully damage someone's property or give company secrets to competitors). Unless you did something criminal though, most companies would not pursue it.


PNGMK wrote:
chaokeeng wrote:I received a Suspension Notice from my boss because of unsatisfactory performance.

It also stated the following:
*I disrespected my boss.
*I am unprofessional and irresponsible.
*The company has sustained losses.

I am working in Singapore and holding an EPass.
What is the worst thing the employer can do to me? (aside from terminating me).
Can my employer sue me for anything?


Does your employment contract have any clauses about "consequential damages", "liquidated damages", "damages for gross negligence" etc? If not - just resign and move on. IF so, you've been suckered into a scam.


The workload is too heavy and the company wants me to do overtime. I didn't render overtime. Does this count as gross negligence?


What does your contract or offer of employment letter state? Are you paid for this overtime? Either way I think it's a bit much to state that refusing to work overtime is gross negligence.

User avatar
ecureilx
Immortal
Immortal
Posts: 9812
Joined: Fri, 20 Aug 2010

Re: Suspension Notice Question

Postby ecureilx » Tue, 24 Sep 2013 9:25 am

PNGMK wrote:What does your contract or offer of employment letter state? Are you paid for this overtime? Either way I think it's a bit much to state that refusing to work overtime is gross negligence.


Most employment contracts state something like "you may be asked to work beyond normal office hours, if there is a need .. " though if they insist you do it daily then you have a case to go to MOM ..

Or OP can approach the MWCs Legal Clinic .. !!!

User avatar
x9200
Moderator
Moderator
Posts: 9314
Joined: Mon, 07 Sep 2009
Location: Singapore

Postby x9200 » Tue, 24 Sep 2013 9:39 am

Everything has to be justified and should be case by case bases. If this is an emergency (so an exception) and refusing doing the overtime job without any solid reason will incur significant loses to the company, then yes, IMHO this is a gross negligence/misconduct.

User avatar
Wd40
Director
Director
Posts: 3927
Joined: Tue, 04 Dec 2012
Location: SIndiapore

Postby Wd40 » Tue, 24 Sep 2013 9:47 am

By the way what does suspension, in the private sector mean? Stay at home dont come to work, wont get paid? But still on payrolls?

This is the first time I hearing about suspension in the private sector.

User avatar
ecureilx
Immortal
Immortal
Posts: 9812
Joined: Fri, 20 Aug 2010

Postby ecureilx » Tue, 24 Sep 2013 10:21 am

Wd40 wrote:By the way what does suspension, in the private sector mean? Stay at home dont come to work, wont get paid? But still on payrolls?

This is the first time I hearing about suspension in the private sector.


If the rest of the private sector in Singapore, I have seen it in many employment contracts, though the only instance I saw it being enforced was in a contractor's premises .. the person was suspended for dereliction of duties after a few warning letters .. (basically, he had a habit of taking extended breaks for smoke .. and after 4 pm will refuse to go to any sites, as it is almost end of the day

He was suspended for a month without pay, came back a month later, only to find HR had prepared his termination letter and no termination benefits as per Employment law ... that goes in favour of the company ..

The HR girl told me that they can't just suspend, they need to give warning letters, arrange Personal Improvement program etc, and if all fails, then only they can take drastic measures ..

User avatar
PNGMK
Governor
Governor
Posts: 5668
Joined: Thu, 21 Mar 2013
Location: Sinkapore

Postby PNGMK » Tue, 24 Sep 2013 10:47 am

[quote="x9200"]Everything has to be justified and should be case by case bases. If this is an emergency (so an exception) and refusing doing the overtime job without any solid reason will incur significant loses to the company, then yes, IMHO this is a gross negligence/misconduct.[/quote

IT would have to an extreme case... not just failing to get the month end figures in because they aren't organized.

User avatar
x9200
Moderator
Moderator
Posts: 9314
Joined: Mon, 07 Sep 2009
Location: Singapore

Postby x9200 » Tue, 24 Sep 2013 12:07 pm

It has to be something really exceptional. Say, the production line is down. For that reason the company is loosing 150k every single day. One engineer is on overseas leave, the 2nd in hospital. You have the right expertise and are asked to stay to fix it outside your working hours. You would need a really good excuse to refuse.

User avatar
ecureilx
Immortal
Immortal
Posts: 9812
Joined: Fri, 20 Aug 2010

Postby ecureilx » Tue, 24 Sep 2013 1:40 pm

x9200 wrote:It has to be something really exceptional. Say, the production line is down. For that reason the company is loosing 150k every single day. One engineer is on overseas leave, the 2nd in hospital. You have the right expertise and are asked to stay to fix it outside your working hours. You would need a really good excuse to refuse.


yah, SMS would agree, for most small / SME's it doesn't have to be such big loss .. ;)

User avatar
x9200
Moderator
Moderator
Posts: 9314
Joined: Mon, 07 Sep 2009
Location: Singapore

Postby x9200 » Tue, 24 Sep 2013 2:34 pm

Yes, it is relative but still has to be significant.

livingontheedge
Chatter
Chatter
Posts: 159
Joined: Tue, 25 Jun 2013

Postby livingontheedge » Tue, 24 Sep 2013 7:40 pm

I doubt your Employer will go through great lenghts to sue you for anything - too costly and time consuming. The max they will do is terminate your contract, suspend your employment pass (which may put you into the bad books with MOM) and hold back a portion or significant portion of your last salary payout as claim against damages. Monetary terms - thats probably the max you will lose.

User avatar
ecureilx
Immortal
Immortal
Posts: 9812
Joined: Fri, 20 Aug 2010

Postby ecureilx » Wed, 25 Sep 2013 9:14 am

livingontheedge wrote:I doubt your Employer will go through great lenghts to sue you for anything - too costly and time consuming. The max they will do is terminate your contract, suspend your employment pass (which may put you into the bad books with MOM) and hold back a portion or significant portion of your last salary payout as claim against damages. Monetary terms - thats probably the max you will lose.


errr .. as I said before .. many SMEs will not hesitate to go the whole 9 yards, just to prove they can do it ..


  • Similar Topics
    Replies
    Views
    Last post

Return to “Strictly Speaking”

Who is online

Users browsing this forum: No registered users and 0 guests