Question about quitting my job and law?
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Originally posted by ditzy:
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.
They sueing you for what, defamation or resigning from work? The former makes sense, the latter is just stupid. Are you telling us everything?
This webpage covers everything about overtime. They break any rules, clarify with mom through email. They will get back to you in some form, and use that knowledge to SUE the company.
If you really are telling us everything, than read this, and use it to sue the HR for violating MOM law
There are no law about confirmation of employees
Don't worry too much about your contract if it is regarding the points covered under MOM law.
"Any terms and conditions of employment, in a contract of service, that is less favourable than the relevant provision under the Employment Act is illegal, null and void. The provision in the Act will take precedence over a particular contractual term that is less favourable. "
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Originally posted by ditzy:
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.
Because i remembered vividly the working time printed when i signed the contract and before a change in management i was still working 8 hours a day and there were no work on weekend.The change to 10 hours is during a meeting when it was annouced by the mangement verbally
The promises made were also verbal
I choose to resign as my boss is overseas i called to to notify him about it and he suddenly flare up over the phone and say that he will bring me to court for informing my colleagues that i am considering about leaving the company.
and my company has a policy that whenever you take medical leave you have to come back to the company to endorse is this acutally legal?
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Originally posted by worldmap85:
Because i remembered vividly the working time printed when i signed the contract and before a change in management i was still working 8 hours a day and there were no work on weekend.The change to 10 hours is during a meeting when it was annouced by the mangement verbally
The promises made were also verbal
I choose to resign as my boss is overseas i called to to notify him about it and he suddenly flare up over the phone and say that he will bring me to court for informing my colleagues that i am considering about leaving the company.
and my company has a policy that whenever you take medical leave you have to come back to the company to endorse is this acutally legal?
Fark, everything verbal this verbal that, what ABC company is that?
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i am a personal investing coach for a company thats all i can say and due to educational nature of the business.And due to change in management, they got rid of the cleaner and now i am also the cleaner and technician for the company =/
The management tend to use negative reinforcement and threats to make the employees act like how they want us to.
I already have a few colleagues who had suffered mental stress and either get fired by the company or got into legal troubles.
Therefore, i am really worried that i will follow their foot steps
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Hi World,
Im a HR professional for many years. Please note that an employment contract wh requires employees to make monetary compensation for early exit from the company is not covered under the Employment Act. It is covered under Contract Law which determines business transactions rather than employment guidelines. All cases under Contract Law is determined by a civil course of action not by MOM.
Under Contract Law, if your company offers an unfair contract to you tying you down for a definite period of time, did the company offer you any equivalent benefit or bonus in return? This will be very important. For example when I was working in a big company previously, we offered employees a bond of 6 months but we paid them a substantial joining bonus. If the contract states an unfair term such as this but do not compensate you in any way, it will be deemed invalid by the court if it goes to a civil suit. Only ignorant people like yr boss or his HR department is unaware of this. Thats you will nvr see HR departments in MNCs doing that as they know it is an unfair clause and is not valid under Contract Law. This is a question Im always asked by many employees and the answer is pretty clear cut
In addition the employment act states that the employee is able to terminate the service with the company if he is asked to perform which that is irrelevant to his job scope. This is very important and has always been used as a tool in a number of conflict cases in the civil court between staff and company. For example if you are a trainer, the company cannot expect you to perform the job of a cleaner regularly unless you are paid additionally for it. Thus your company is breaching MOM regulations by doing this and you can use this as a credible tool to leave the organization.
I need to highlight again that you will realise all MNCs do not bind their employees to such contracts as they know it is not valid with the advise of their legal department and HR dept. Generally only ignorant employers do that and such employers normally do not have the advice of a competent HR person which is why they assume that they are able to force employees to commit to an unfair clause. However some bosses generally include this clause to intimidate unwitting staff. Sadly these employers are normally foolhardy bosses of local SMCs and I believe your company is in the same catagory.
Let me know if you need further advice
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Thank you XaN for sharing your experience with me.
I did not receive any joining bonus during my time here. And for every month i am just getting a standard pay of $1,600 after cpf.But i did attend the company courses for free but i have to do it as they require me to conduct courses for the attendees itself. I did sign an agreement that i received the training courses from the company.
If i were to leave the company will ibe required to pay this training fee as well? -
Originally posted by worldmap85:
Thank you XaN for sharing your experience with me.
I did not receive any joining bonus during my time here. And for every month i am just getting a standard pay of $1,600 after cpf.But i did attend the company courses for free but i have to do it as they require me to conduct courses for the attendees itself. I did sign an agreement that i received the training courses from the company.
If i were to leave the company will ibe required to pay this training fee as well?depends exactly what U signed...an agreement?What did U agree?....or U also dunno?Got copy?
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Originally posted by skythewood:
They sueing you for what, defamation or resigning from work? The former makes sense, the latter is just stupid. Are you telling us everything?
This webpage covers everything about overtime. They break any rules, clarify with mom through email. They will get back to you in some form, and use that knowledge to SUE the company.
If you really are telling us everything, than read this, and use it to sue the HR for violating MOM law
There are no law about confirmation of employees
Don't worry too much about your contract if it is regarding the points covered under MOM law.
"Any terms and conditions of employment, in a contract of service, that is less favourable than the relevant provision under the Employment Act is illegal, null and void. The provision in the Act will take precedence over a particular contractual term that is less favourable. "
Technically, the employing company may sue the employee for a breach of contract and claim damages. But in practice, unless the amount involved is substantial, it is just impractical for the company to do so.
For a few thousand dollars, the company taking legal action against TS will easily them much more in legal fees. besides, which court are they gonna sue you in, the amount involved being peanuts?
The Small Claims Tribunals do not have jurisdiction over such matters.
All TS needs to do is to keep cool and sit tight. Nuhthing will happen one la......
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Ok official news my boss is going to charge me for cbt wonder what that is. He say he had already set me up and he told me that i will never find job else where ever again and i have to bear monetary loss for the leakage of the company's course material which i didn't do. I am very lost now and do not know what to do as he said that he had set me up and he has enough evidence to bring me to court and he also told me that i might go to jail for it =/
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Hahahahaha! TS' boss actually has just declared his complete ignorance of the law!
CBT = Criminal breach of Trust
not sure what TS means by "course materials" though. Did TS sign any confidentiality / non-Disclosure agreement? If not, what TS' boss suing you for?
The boss is certainly taking your blurness to bully you with such baseless threats.
If I were TS, I'll just not do anything. if Boss wanna play, I'll play wif him.
If the boss were to take out a civil claim, against TS, he'll have the burden to prove his claims on a balance of probability. if it were a criminal case, TS' boss will then have the burden to prove TS' crime beyond reasonable doubt.
Just for this, TS' boss will want to go through so much trouble and time?
he got nothing better to do meh......?
Relax la TS, Boss is only trying to show that he is a consumate comedian! Wahahahahaha!
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Originally posted by worldmap85:
Ok official news my boss is going to charge me for cbt wonder what that is. He say he had already set me up and he told me that i will never find job else where ever again and i have to bear monetary loss for the leakage of the company's course material which i didn't do. I am very lost now and do not know what to do as he said that he had set me up and he has enough evidence to bring me to court and he also told me that i might go to jail for it =/
He is just making threats.
He will first write you a letter of demand from his lawyer (provided he is really going to take you to court), after the letter of demand (if he is still very adamant) he will ask his lawyer to submit a Writ of Summons to the court.
Don't bother too much with him until you have received a Writ of Summons from him.
Until you receive the Writ of Summons from the courts, it's all idle threats.
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Make recordings of all the verbal threats and go make a police report for extortion and harassment.
Extortion.
383. Whoever intentionally puts any person in fear of any harm to that person or to any other person, in body, mind, reputation or property, whether such harm is to be caused legally or illegally, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits “extortion”. -
i was doing a write up on a new product of the company which is not launch and he say that he has plotted against me that only i knew about the new product and has "forge" substaintial evidence of me leaking out the info in fact which i don't. He intend to ask me to pay my 1 year pay for forfeiting the contract and also the staff training fee. And also intend to charge me for the profits of the new products to the competitors. He say he will ruin my future with a dial of the number and this all happen because i told my colleagues that i want to leave the company and also that i said bad things about the company. When those were facts like long working hours, no ot etc.
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Ask him to do whatever he wishes to do.
Time you go make a police report regarding extortion.
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Originally posted by worldmap85:
i was doing a write up on a new product of the company which is not launch and he say that he has plotted against me that only i knew about the new product and has "forge" substaintial evidence of me leaking out the info in fact which i don't. He intend to ask me to pay my 1 year pay for forfeiting the contract and also the staff training fee. And also intend to charge me for the profits of the new products to the competitors. He say he will ruin my future with a dial of the number and this all happen because i told my colleagues that i want to leave the company and also that i said bad things about the company. When those were facts like long working hours, no ot etc.
I think I am more or less done with listening to what ur boss has to say....and I think U have enough information to decide what U want to do..
if he wants to sue....get him to send U lawyer letter...otherwise he is just blowing hot air.
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ok i have officially being charged with cbt =/ the police came i am just waiting to go to courts now for something i didn't do anyone has any advice on this? as i have being set up but i know deep down my heart that i am innocent.
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Originally posted by worldmap85:
ok i have officially being charged with cbt =/ the police came i am just waiting to go to courts now for something i didn't do anyone has any advice on this? as i have being set up but i know deep down my heart that i am innocent.
you know deep down in your heart you are innocent. Need to search so deep to know you are innocent? So on the surface you know you are guilty?
Anyway, like i said, post the whole story. Since the police is involved, it is not a civil law suit anymore.
under "Penal Code"
405. Criminal breach of trust
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therefore my best approach is find a lawyer now?
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You said the police ask you in for investigation.
What did they suspect you to be stealing?
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no therefore i am home now haha. stealing intellectual education properties worth millions is the charge. =/ my life very drama, its my first job and so many things happen.
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You didn't sell it or pass to anybody else, don't see how they have a case against you.
Are you just looking for attention here?
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no i didn't. i am not seeking attention because he say he will plot against me and its my first time getting involved in a lawsuit therefore would like to know how to go about it in my situation. anyway Beta you got good lawyers to recommend? and if i win this case will i be able to gain anything?
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Originally posted by worldmap85:
no i didn't. i am not seeking attention because he say he will plot against me and its my first time getting involved in a lawsuit therefore would like to know how to go about it in my situation. anyway Beta you got good lawyers to recommend? and if i win this case will i be able to gain anything?
Who is taking you to court?
The police or your previous employer?
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previous employer is this a criminal offense do i have to go jail? he bought my colleagues be false witness against me lol
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now i keep receiving sms asking me not to sell the intellectual property out when i am just chilling at home now and resting =/