Question about quitting my job and law?
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hi i am currently an employee with a company and i have signed a bond with the company for 1 year and 6 months and current ending my 7 months service. i wanted to tender my resignation to the company but my boss said that he will charge me. but i do not know what are the reasons that he will charge me on.
In this case do i need to pay the pay in lieu for breaking the bond?
as i have no money to pay for it and i do not have a copy of the contract to check whether i need to give a 1 month notice.
I also have not tendered in any resignation letter but only told him verbally.
And he said that i have caused harm to the company by informing my friends of my intention to leave the company.Will that be a chargeable offense?
I am just a small low level staff in the company and not in management level.
Can any one help me in this regard?
Thank you -
Why won't you have a copy of the employment ontract signed?
The terms and conditions contained therein set out the parameters of the whole relationship between you and the company. It is the very basis. Try getting a duplicate from your hr people lor.......
otherwise, how are you going to proceed unless you can determine your precise present position.....?
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I have already tried to get a copy but my management refuse to give me or any of its employer a copy of it.
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You never got a copy of the bond after you signed it? Why did you not ask for it?
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they refuse to give it to all employees and say that the hr will keep it...
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*Smells a BIG rat*.
It is normal practice for parties signing an agreement to be furnished a copy of the contract. Hoe else will each party be able to determine the dos and don'ts?
I would highly recommend you seek the advice of the kind folks of the Ministry of Manpower. We, taxpayers, pay theie salaries anyway. so give them some work lah.....
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So if i break the contract and quit early what is the maximum draw down that i have to pay is paying of 11 months of salary a possible scenario? but i only worked 7 months if it is a 3-4 months i really don't mind
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Originally posted by worldmap85:
have already tried to get a copy but my management refuse to give me or any of its employer a copy of it.
How did U go about trying?
The company is a family-run thingy?No self-respecting HR head will not give a copy of the signed employment contract to any of its employee.
Write a formal email to ur HR head asking for it.If the reply is "no" or if there is no reply in a reasonable timeframe...U might need to seek MOM's clarification on it...or even to get a lawyer to request for it in writing.
Personal experience with MOM is that whenever a contract is involved...they ask U to find lawyer...but no harm trying...just email them.
If U have just simply told ur friends of ur personal intention to leave...I dont see how that can be argued as causing harm to the company....unless U say things like "XXX company cannot stay one...making losses every quarter"....or things like that....
of course U have to pay the company if U break the bond...that's why people who suka suka sign on a bond...finds themselves in trouble when they want out.
if all U want is to quit and U are able to pay for it.......just ask around ur colleagues if they remember their notice period...usually for people of the same level...notice period will be the same....then just resign and give notice to that effect...its against the law for them not to accept ur resignation....but its also their right to get U to pay for breaking ur bond. How much to pay depends on ur contract...which U have to get in the first place.
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Originally posted by worldmap85:
So if i break the contract and quit early what is the maximum draw down that i have to pay is paying of 11 months of salary a possible scenario? but i only worked 7 months if it is a 3-4 months i really don't mind
Really depends on what your contract states. Usually there is a bond value stated in your contract and should you break it you would be liable for that amount, and how it is broken down should it be pro rated.
But now you have zero documental proof, they can suka suka state any amount you are liable to because you already signed it. They can just put 200K and the judge will still give it to them coz you signed it.
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looks like i got myself in hot waters. My hr will be back soon and hope that i can come to win win outcome with the mangement itself.
Anyway is working 50 hours a week legal?
And on average 220+ plus hours a month -
Originally posted by worldmap85:
looks like i got myself in hot waters. My hr will be back soon and hope that i can come to win win outcome with the mangement itself.
Anyway is working 50 hours a week legal?
And on average 220+ plus hours a monthhttp://www.mom.gov.sg/publish/momportal/en/communities/workplace_standards/employment_standards0/Hours_of_Work_and_Overtime.html
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i signed a letter of employment when i first started work. It state that i will be under 3 months of probation and there will be confirmation of becoming a full time employee. So after 3 months i was given a pay increment and a confirmation letter. However i did not sign any contract of confirmation. Does a pay raise actually constitutes to employment confirmation?
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Originally posted by worldmap85:
i signed a letter of employment when i first started work. It state that i will be under 3 months of probation and there will be confirmation of becoming a full time employee. So after 3 months i was given a pay increment and a confirmation letter. However i did not sign any contract of confirmation. Does a pay raise actually constitutes to employment confirmation?
Main document is the letter of employment.
Confirmation letter is just to inform U that U have been confirmed....
the pay increment is just a bonus.
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How do we know how much to pay ? Check your contract of course..... Huh ? once again your contract, what about your pay slip ? Ot pay ?
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Don't bother to seek help from MOM.
They will make you wait a long time just to get a appointment and when you finally go down to meet them they will ask you to seek legal help from a lawyer
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Originally posted by ditzy:
Really depends on what your contract states. Usually there is a bond value stated in your contract and should you break it you would be liable for that amount, and how it is broken down should it be pro rated.
But now you have zero documental proof, they can suka suka state any amount you are liable to because you already signed it. They can just put 200K and the judge will still give it to them coz you signed it.
agreed and TS you really shouldn't want that to happen. n...god...you don't even have the contract
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i have no ot pay by the way. i think staff with 1.8k pay and above are not entitled to it right?
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Originally posted by worldmap85:
i have no ot pay by the way. i think staff with 1.8k pay and above are not entitled to it right?
You think only mah. Got any black and white piece of paper say that? Got paper contract that say that? I tell you something, I got more than 1.8k pay, but I am entitled to OT pay leh. The difference is that its stated in my letter of appointment, together with the rate, and the conditions in which they would give me.
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Be responsible for yourself. Be careful when contracts come into place. Later Ask you sign on the line to sell your house, you also go happily sell it off.... Bug the HR, ask for your contact or pay slip or whatever..
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Originally posted by worldmap85:
hi i am currently an employee with a company and i have signed a bond with the company for 1 year and 6 months and current ending my 7 months service. i wanted to tender my resignation to the company but my boss said that he will charge me. but i do not know what are the reasons that he will charge me on.
In this case do i need to pay the pay in lieu for breaking the bond?
as i have no money to pay for it and i do not have a copy of the contract to check whether i need to give a 1 month notice.
I also have not tendered in any resignation letter but only told him verbally.
And he said that i have caused harm to the company by informing my friends of my intention to leave the company.Will that be a chargeable offense?
I am just a small low level staff in the company and not in management level.
Can any one help me in this regard?
Thank youfishy. it is under the law that both parties have to have a copy of the contract.
A contract is not equal to a bond. Don't get confused.
You have to give 1 months notification if you tender.
You sounds so blur and helpless.
No you will receive confirmation letter. you dont sign it.
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super blur and helpless as i have receive phone call that after i go to court all my education will go to waste and i will not be able to find a job again.
I can sincerely say i am a good worker who follow the rules in the company. Just that the long hours and empty promises have affected my life. And my management is known to bring people to court for minor issues.
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Originally posted by worldmap85:
super blur and helpless as i have receive phone call that after i go to court all my education will go to waste and i will not be able to find a job again.
I can sincerely say i am a good worker who follow the rules in the company. Just that the long hours and empty promises have affected my life. And my management is known to bring people to court for minor issues.
Do you know what your jobscope involves before you agreed to take the job? Or did you just accept the job because they offered you one?
What do you define by long hours? If your company works on 2 shifts of 12 hours, yeah of course thats long and necessary, but you should have known that before you accepted the job.
Empty promises? I dunno what empty promises you are referring to. Did they promise you in writing they'll give you 3 months worth of bonus that won't be deducted by CPF? Is that promise given in writing?
If you go back to your first post, the only things I can reply is " I dunno". As for resignation, it should be formal and in writing, otherwise should anything happen after you leave, you are still liable, because technically there is no proof you have left. Contracts, and letters all work both ways. Keep them covered, keep yourself covered.
Sure you can sincerely say how good a worker you are, only you know yourself. I can say I am the best human being in the world, maybe I have already raped, robbed, and killed 10 people yesterday, and still come here and say I'm fantastic, who knows?
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On my contract it state that i only require to work 8 hours a day however after a change in management. We are all required to work 10 hours or more a day but we did not sign any documentation for it.
The promises are stuff like enriching courses and a promotion verbally which was not given even after the promised date.
Its pretty disheartening that you put in so much hard work and in the end i tender. They decide to take legal actions.
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Originally posted by worldmap85:
On my contract it state that i only require to work 8 hours a day however after a change in management. We are all required to work 10 hours or more a day but we did not sign any documentation for it.
The promises are stuff like enriching courses and a promotion verbally which was not given even after the promised date.
Its pretty disheartening that you put in so much hard work and in the end i tender. They decide to take legal actions.
But you said you have no copy of the contract to check?
Then do you have a copy of the document that says you are all required to work 10hours or more per day?
As for the promises, did any documentation say who will get what?
As for you tendering your resignation, it is your choice, the boss didn't threaten you to quit or else right?
If I were to choose to take a job, its not what I expect the company to give me, but what I expect from myself. Normally when companies promise me this and that, I take it with a huge punch of salt.
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Originally posted by worldmap85:
looks like i got myself in hot waters. My hr will be back soon and hope that i can come to win win outcome with the mangement itself.
Anyway is working 50 hours a week legal?
And on average 220+ plus hours a month
50 hours/week is not legal under the Employment Act. But since you've indicated that there's an employment contract signed between you and the employer, the terms of that contract overrides the Employment Act.