like bar the staff to work for its competitors for 1 or 2 years in the same industry? or pay 2 months of pay if you work for the company for less than 1 year?
why don't ask MOM?
ask MOM useless lar. they will refer you to employment act only.
so what employment act say
Originally posted by Louis dave36:like bar the staff to work for its competitors for 1 or 2 years in the same industry? or pay 2 months of pay if you work for the company for less than 1 year?
Hi Louis,
I believe this will help answer your first question.
http://www.entersingaporebusiness.info/Bus07.htm
Do have a look at the non-competition covenants section.
As for the 2nd question, perhaps you will like to rephrase it.
Just to let you know, if you wish to make a complaint, you will have to do so within one year of the incident which led to the complaint.
http://www.lawsociety.org.sg/public/you_and_the_law/employment.aspx
Cheers.
Restriction of trade clause gua.
Originally posted by TrueHeart:Hi Louis,
I believe this will help answer your first question.
http://www.entersingaporebusiness.info/Bus07.htm
Do have a look at the non-competition covenants section.
As for the 2nd question, perhaps you will like to rephrase it.
Just to let you know, if you wish to make a complaint, you will have to do so within one year of the incident which led to the complaint.
http://www.lawsociety.org.sg/public/you_and_the_law/employment.aspx
Cheers.
for the 2nd question, that means no need to pay 2 months compensation if quit, as long as you do not work there for more than 5 years?
say if work for 5 months and quit, no need to pay them compensation isnt it, even if the employment letter you have signed stated you need to pay 2 months pay to the company.
If you quit, the company sure send you letter, asking you to pay them 2 months of pay, if not send legal letter to you, demanding you to pay them.
Originally posted by TrueHeart:Hi Louis,
I believe this will help answer your first question.
http://www.entersingaporebusiness.info/Bus07.htm
Do have a look at the non-competition covenants section.
As for the 2nd question, perhaps you will like to rephrase it.
Just to let you know, if you wish to make a complaint, you will have to do so within one year of the incident which led to the complaint.
http://www.lawsociety.org.sg/public/you_and_the_law/employment.aspx
Cheers.
erm the 2nd link did not mention about paying compensation if you sign a letter of employment stating that you need to work for at least 1 year if not pay 2 months salary compensation.
I think its just saying that if you feel this clause is unfair you cam make a complain within 1 year and than the court willl decide what to do?
only those sucky companies who dun pay well and staff turnover rate is high that they implement such sucky conditions in their employment letter. if not why the hell these companies implement such policies in the first place?
if you dun want your staff to quit, pay them well enough for them not to look for better paying jobs. not asking the company to pay them above market rate lar, but pay them market rate at the very least.
I think it depends on the contract you sign.
For some occupations, they can restrict you from joining other companies for a year or two after you resign from the current company to work for a competitor.
About 2 months payment to company, if you didnt sign anything regarding this clause, the company cannot ask you to pay them 2 months.
Singapore is pro business. So it really have to depend on the contract you sign.
So please do not sign your life away.
but if you dun sign the employment letter, you dun work for the company, so there is no issue to begin with.
for working for competitors, it was published in the newspapers that it is unenforceble in courts, simply cos you are denying the person the right to earn a living. the recent RBS staff who moved to their competitor in private banking, RBS also cant do anything and did RBS sued them?
Originally posted by Louis dave36:but if you dun sign the employment letter, you dun work for the company, so there is no issue to begin with.
for working for competitors, it was published in the newspapers that it is unenforceble in courts, simply cos you are denying the person the right to earn a living. the recent RBS staff who moved to their competitor in private banking, RBS also cant do anything and did RBS sued them?
But did RBS have a clause that you can't work for their competitors?
Since you already read in newspaper that it is not enforceable in court, how come you still start a thread to ask whether its legal to bar you from working for competitors in the same industry for 1 or 2 years?
Originally posted by jacknife:
But did RBS have a clause that you can't work for their competitors?
Since you already read in newspaper that it is not enforceable in court, how come you still start a thread to ask whether its legal to bar you from working for competitors in the same industry for 1 or 2 years?
to expose employers from exploiting new hires I suppose. dun you know employers are unscrupulous in exploiting staff in singapore one de?
Originally posted by Rooney9:to expose employers from exploiting new hires I suppose. dun you know employers are unscrupulous in exploiting staff in singapore one de?
I know. So far I have only encountered 1 which is mdis which I am going to work for them soon.
Originally posted by jacknife:
I know. So far I have only encountered 1 which is mdis which I am going to work for them soon.
look for a better job when the economy recover next year. in the meantime, stay put and work for the time being there. you are lucky you have a job, where others are unemployed.
Originally posted by Louis dave36:for the 2nd question, that means no need to pay 2 months compensation if quit, as long as you do not work there for more than 5 years?
say if work for 5 months and quit, no need to pay them compensation isnt it, even if the employment letter you have signed stated you need to pay 2 months pay to the company.
If you quit, the company sure send you letter, asking you to pay them 2 months of pay, if not send legal letter to you, demanding you to pay them.
Hi Louis,
My apologies, as I cannot find anything related to this question.
Cheers.
Originally posted by jacknife:
erm the 2nd link did not mention about paying compensation if you sign a letter of employment stating that you need to work for at least 1 year if not pay 2 months salary compensation.
I think its just saying that if you feel this clause is unfair you cam make a complain within 1 year and than the court willl decide what to do?
Hi jacknife,
Sorry for the confusion. My 2nd link was meant to show Louis that if he wishes to make a complaint, he will have to do so within a year.
Cheers.
Originally posted by TrueHeart:Hi jacknife,
Sorry for the confusion. My 2nd link was meant to show Louis that if he wishes to make a complaint, he will have to do so within a year.
Cheers.
But you must earn 1.6k and below than you make complain than MOM will help you right?
Originally posted by jacknife:
But you must earn 1.6k and below than you make complain than MOM will help you right?
Hi jacknife,
I believe that you have mistaken some of the clauses. What they meant is that if you earn SG$1.6k, these do not apply to you
priority of salary claims over other debts;
Commissioner's power to inquire into amount due to employee; and
rest days, hours of work, holidays and other conditions of service.
note that for this part, subcontractors for labour are considered employees
Anyway, I have also noticed something very interesting that may help the TS which I have missed out before:
"Since the provisions in the Employment Act set the minimum standard, the terms of your contract of service must be at least equal to or more favourable than the provisions in the Act, otherwise the terms that are less favourable will be illegal and invalid."
Cheers.
Originally posted by TrueHeart:Hi jacknife,
I believe that you have mistaken some of the clauses. What they meant is that if you earn SG$1.6k, these do not apply to you
priority of salary claims over other debts;
Commissioner's power to inquire into amount due to employee; and
rest days, hours of work, holidays and other conditions of service.
note that for this part, subcontractors for labour are considered employees
Anyway, I have also noticed something very interesting that may help the TS which I have missed out before:
"Since the provisions in the Employment Act set the minimum standard, the terms of your contract of service must be at least equal to or more favourable than the provisions in the Act, otherwise the terms that are less favourable will be illegal and invalid."
Cheers.
what about serving 2 months notice or paying 2 months pay? is it considered as legal or illegal?
MOM only protect ur companies
.........
Originally posted by Rooney9:what about serving 2 months notice or paying 2 months pay? is it considered as legal or illegal?
Hi Rooney9,
Since there are no clauses regarding it, I believe that it will fall into a grey area.
Cheers.
Originally posted by TrueHeart:Hi jacknife,
I believe that you have mistaken some of the clauses. What they meant is that if you earn SG$1.6k, these do not apply to you
priority of salary claims over other debts;
Commissioner's power to inquire into amount due to employee; and
rest days, hours of work, holidays and other conditions of service.
note that for this part, subcontractors for labour are considered employees
Anyway, I have also noticed something very interesting that may help the TS which I have missed out before:
"Since the provisions in the Employment Act set the minimum standard, the terms of your contract of service must be at least equal to or more favourable than the provisions in the Act, otherwise the terms that are less favourable will be illegal and invalid."
Cheers.
what does
priority of salary claims over other debts;
Commissioner's power to inquire into amount due to employee; and
mean?
Is it if you earn more than 1.6k and the employer don't pay you salary you can't complain to MOM?
MOM only help those earn less than 1.6k to chase back their salary due?
Originally posted by jacknife:what does
priority of salary claims over other debts;
Commissioner's power to inquire into amount due to employee; and
mean?
Is it if you earn more than 1.6k and the employer don't pay you salary you can't complain to MOM?
MOM only help those earn less than 1.6k to chase back their salary due?
Hi jacknife,
What it means is that if you earn more than SG$1.6k,
- You are not given the priority of claiming your salary first before paying off any of your debts to the company
- The commissioner do not have the right to ask about the amount owed to you by the employer
- The hours you worked can be more than as stated by MOM, and the amount of rest days and holidays can be less than as stated by MOM, in accordance to the contract of service which you signed with your employer
- Subcontractors for labour are also considered as employees, thus the above three apply to them as well.
By the way, this means that if you do not owe any debts to your employer/company, you can make a complaint to get the salary owed to you.
Cheers.
Originally posted by TrueHeart:Hi Rooney9,
Since there are no clauses regarding it, I believe that it will fall into a grey area.
Cheers.
If I dun want to pay the 2 months notice or 2 months pay, what will happen?