Hi! I'm a singaporean. I just handle my resignation letter to my employer(China company) on 31Dec10. So my last day will be 31Jan10.But i only work for 2 days and i tell my boss that i will not be working until 31Jan10. So now I heard that the company is taking legal action against me. Why I stop working with them because the boss wanted to deduct $200 from my salary because I make a very small mistake. I am also under the bankruptcy act.
My assistant manager told me that I will go to jail because I cheated the company for not telling them that i am a bankrupt when i join the company and also because of not finishing my notice.I also heard that if I never finish working until 31Jan10, I have to pay them back 1 month gross salary.
But now I am under bankruptcy. I have check with my OA and told me that this case cannot refer to them. If I don't want to pay my 1 month salary to them, will I go to jail?
Pls advice!! Thk U very much!!!
1) Whats your position in the company?
2) Was that $200/- penalty stated in your contract and offer of employment that you have to pay?
3) And yes, if you tendered your resignation, and you are required to give 1 month notice, failing to work to the end of that 1 month notice, means you have to pay back one month gross salary.
4) Go to jail? Not likely. Its your OA discretion whether they want to charge you in court and bring you to jail. But unlikely since you only did not declare your bankrupt status to your new employer.
~Usually, employers and employees can negotiate that the 1 month notice can close one eye and forget about it.
Most companies will not want to waste time legally persuing anyone employees unless there is a major issue.
By the way thk for yur advice!!
I am working as a customer service officer. When I sign the contract it never state inside.
I have checked with my OA that this case cannot refer to them. Only ask me to settle with my employer or seek advise from MOM. The OA cannot do anything.
But now I have 1 question is that if I do not want to pay the salary back to my employer, will I be going to jail because of not paying my 1 month salary? I have declared with them also that I'm a bankrupt. Actually every employer has to do thier part to check thier employee whether they are under the bankruptcy act.
Originally posted by robinlee74:By the way thk for yur advice!!
I am working as a customer service officer. When I sign the contract it never state inside.
I have checked with my OA that this case cannot refer to them. Only ask me to settle with my employer or seek advise from MOM. The OA cannot do anything.
But now I have 1 question is that if I do not want to pay the salary back to my employer, will I be going to jail because of not paying my 1 month salary? I have declared with them also that I'm a bankrupt. Actually every employer has to do thier part to check thier employee whether they are under the bankruptcy act.
You will have to pay if you do not work till the end of Jan and if they choose to do so, they can persue legal action since you have broken the contract which states you must give 1 month's notice which includes working till the end of that 1 extra month.
Originally posted by robinlee74:By the way thk for yur advice!!
I am working as a customer service officer. When I sign the contract it never state inside.
I have checked with my OA that this case cannot refer to them. Only ask me to settle with my employer or seek advise from MOM. The OA cannot do anything.
But now I have 1 question is that if I do not want to pay the salary back to my employer, will I be going to jail because of not paying my 1 month salary? I have declared with them also that I'm a bankrupt. Actually every employer has to do thier part to check thier employee whether they are under the bankruptcy act.
Let me put it in another way to you.
What the company should or should not do about bankruptcy issues, or checking on their employees issue is not for you to criticise. because ultimately, you are not trained in human resource issue or have the knowledge to suggest what they should or should not do.
Because, Company employed you, not you employing the company. The company is paying you, not you paying the company any capital to continue running.
What probably you have done, and your current situation with your company, will maybe make them more cautious and they might implement such checks in future.
Any future bankrupts hoping to work for the company, hoping to clear their bankruptcy debts, will probably not have any chance to do so, with this company anymore.
And anyway, you resigned because you are not happy to pay off the $200/- penalty on your mistake at your work.
Nothing to do with your bankruptcy issues. Because if its the bankruptcy issue. Your company wont even demand that you have to pay back 1 month gross salary in lieu of notice. They just can simply sack you and not pay anything. Make you walk out of the office in shame, with boxes in hand and escorted by burly security guards.
Originally posted by dkcx:You will have to pay if you do not work till the end of Jan and if they choose to do so, they can persue legal action since you have broken the contract which states you must give 1 month's notice which includes working till the end of that 1 extra month.
The company can legally persue for the 1 month notice payments. And it will come to this:
Company engage a lawyer, write you a letter of demand. The lawyer will also bill TS for the letter of demand at $150/- per letter and maybe extra $50 per miscellanous generating that letter.
And TS can then file this letter of demand for 1 month salary in lieu of resignation notice plus the legal bill for the LOD with his/her Official Assignee.
Which means. This is going to be a debt for the TS, no matter what.
Why I resigned because this company don't allow bankruptcy to work for them. And I have work with them for 2 years and the company do not know that I am a bankruptcy. I already 36. If I don't resign, 1 day I work until 40+ n they find out that I'm a bankrupt, I will be terminated n it is hard for me to look for a job for that age.
And also inside this company the bosses like to (tan wu)in chinese. One of the bosses even use my colleauge signature to take money. Because of the case my colleague resign on the spot without giving any notice.
If I don't pay back the salary to them, will I be sued going to jail?
Pls reply thk!!!
Originally posted by robinlee74:Why I resigned because this company don't allow bankruptcy to work for them. And I have work with them for 2 years and the company do not know that I am a bankruptcy. I already 36. If I don't resign, 1 day I work until 40+ n they find out that I'm a bankrupt, I will be terminated n it is hard for me to look for a job for that age.
And also inside this company the bosses like to (tan wu)in chinese. One of the bosses even use my colleauge signature to take money. Because of the case my colleague resign on the spot without giving any notice.
If I don't pay back the salary to them, will I be sued going to jail?
Pls reply thk!!!
You should just work with them till the end of the month and the problem would be solved.
If you can't pay back, yes they can sent you to jail i think.
Originally posted by robinlee74:Why I resigned because this company don't allow bankruptcy to work for them. And I have work with them for 2 years and the company do not know that I am a bankruptcy. I already 36. If I don't resign, 1 day I work until 40+ n they find out that I'm a bankrupt, I will be terminated n it is hard for me to look for a job for that age.
And also inside this company the bosses like to (tan wu)in chinese. One of the bosses even use my colleauge signature to take money. Because of the case my colleague resign on the spot without giving any notice.
If I don't pay back the salary to them, will I be sued going to jail?
Pls reply thk!!!
Oei.....can you double check your story properly.
You worked for 2 days, and then you have worked for them for 2 years?
And they dont allow bankrupt to work for them. So why did you resign? Why didnt you wait for your company to sack you and pay you 1 month notice?
or work out with them that you are bankrupt and to keep the job to pay off your debts?
You think 36 year olds bankrupts is easier to find jobs to pay off the debts?
And FYI, Companies in Singapore do not employ bankrupts, they do however employ bankrupts if things was worked out and discussed with them. They might just remove you from a position of receiving cash or payments for the company in fear of you cheating them.
But they do not necessary have to fire bankrupts.
Originally posted by dkcx:You should just work with them till the end of the month and the problem would be solved.
If you can't pay back, yes they can sent you to jail i think.
They cannot send TS to jail.
Originally posted by viciouskitty74:
They cannot send TS to jail.
If u cannot pay up, cannot go jail meh?
Hey!!! Sorry lah!!!
Just check with u if I don't have money to pay them, will i be send to jail??
pls answer me thk
Originally posted by robinlee74:Hey!!! Sorry lah!!!
Just check with u if I don't have money to pay them, will i be send to jail??
pls answer me thk
No. You wont be going to jail.
But other companies will not employ you if this issue goes out.
Originally posted by viciouskitty74:
No. You wont be going to jail.But other companies will not employ you if this issue goes out.
I thought court would sent the person to jail since when u don't pay up fines, you serve jail sentence instead.
Originally posted by dkcx:If u cannot pay up, cannot go jail meh?
Both of you planning to have orgies in jail iszit?
Originally posted by viciouskitty74:
Both of you planning to have orgies in jail iszit?
U're crazy it seems or blind to read english
hi viciouskitty!!! wat u mean other company don't employ me? I don't get u!!! If I join the new company, how the new company know everything about me n my old company?
Originally posted by robinlee74:hi viciouskitty!!! wat u mean other company don't employ me? I don't get u!!! If I join the new company, how the new company know everything about me n my old company?
Depends on how the new company will research you. As you suggested, New Companies should also search about a person's bankruptcy status.
Wouldnt whatever new company you wished to join, have the foresight to research about you and your history?
Failure to declare is a cheating offence. Breaking contract is a failure of trust. Both offences involves fines and jail terms. Yes! Most likely you will be fined. And you will be going to jail if you cannot pay the fines.Good Luck!
Originally posted by dkcx:U're crazy it seems or blind to read english
I may be crazy, but I am not blind, and I am reading your english fine.
However, it still stands that you are refusing to accept that TS does not need to go to jail for refusing to pay up his one month gross salary in lieu of resignation notice.
Originally posted by Lokey:Failure to declare is a cheating offence. Breaking contract is a failure of trust. Both offences involves fines and jail terms. Yes! Most likely you will be fined. And you will be going to jail if you cannot pay the fines.Good Luck!
For a sum of one months salary......you folks more or less cemented that its not a big deal to persue on someone insulting my heritage online in sgforums.
if you never declare true information of yourself or status, depending on the written claus or company policy they can dismiss your employment with them immediate without paying you any short notice or salary in lieu of any work you have done. since they found out you bankrupt they should dismiss you immediately instead. they cannot deduct any amount from your slary for doing wrong thing. depend on how severe is the 'mistake' they can only worse dismiss you without paying you the salary in lieu for the days you worked in that month.
you will not go to jail. usually dpend on how the company's want their lawyer to pursue and close the case. worse if you do not have money to pay back their requested compensation maybe jail. if you are unable to hire a lawyer i believe you can seek help or request for one free.
Originally posted by viciouskitty74:
I may be crazy, but I am not blind, and I am reading your english fine.However, it still stands that you are refusing to accept that TS does not need to go to jail for refusing to pay up his one month gross salary in lieu of resignation notice.
If you have never heard of cases where people are sent to jail because they cannot pay the fine, i have. Whether the salary is treated in the same way i do not know though.
If you are so sure, do help TS pay the fine if he were to go to jail since you told him he won't
Originally posted by dkcx:If you have never heard of cases where people are sent to jail because they cannot pay the fine, i have. Whether the salary is treated in the same way i do not know though.
If you are so sure, do help TS pay the fine if he were to go to jail since you told him he won't
Sure.
If TS is fined and require assistance. I have no problem meeting TS up and assisting him, financially or physically.
Not like most people on this forum who believe that they are okay to hide behind their computer screen and behaving like jerks with their bigotry.
Originally posted by viciouskitty74:
Sure.If TS is fined and require assistance. I have no problem meeting TS up and assisting him, financially or physically.
Not like most people on this forum who believe that they are okay to hide behind their computer screen and behaving like jerks with their bigotry.
Ok then, TS don't worry just look for viciouskitty74 when you need money.
Please take a screenshot of the post before it is edited