Question about contracts at work
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if you want, you can call SHRI for advise tommorrow.
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Originally posted by Darkness_hacker99:
can you type out the termination clause?
The employee understands and unreservedly undertakes to remain in employment of the company for a minimum period of two years from the date of commencement of employment.In the event that the employee fails to remain in employment for the minimum period of two years or you do not turn up for work on the said commencement date and/or reject the appointment after signing this employment contract, the employees undertakes to compensate the company two months of the employee's basic monthly salary. The employee hereby authorize the company to deduct the compensation out of all the monies due to the employee as at the last day of the employee's employment. You will be liable for all legal costs incurred by the company in the event legal actions need to be taken to exercise this clause.
You shall not for a period of six months from the date of your resignation or termination of service, directly or indirectly undertake in any capacity whatsoever in any business in competition with the company.
However, in the event that your performance is not up to the company's expectation, the company reserves the right to terminate your employment without compensation within twenty-four hours.
You are required to furnish three days notice in writing should you wish to terminate this working contract during probation.
You are required to give two months notice in writing to terminate this employment upon confirmation.
Thats it.
I was confirmed already.
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More FYIs. Basically, from ex colleagues, some people have contract, some don't, and some have 1 year while others have 3 years. As for work permit applications, since foreigners will need a minimum basic salary for that to happen, what the coy will do is to print 1800 on the paycheck, deposit that money into the employee's acct, then tell the employee to return them the amount that is over what they are supposed to get, which is like 800. Is this common practice though? The problem is that most of the workers there are foreigners, in fact, I'm one of the only two non managerial Singaporean there. They don't dare to do anything for fear that their work permits will be revoked and their names blacklisted. This is probably how the coy can overwork them and underpay them. Moreover, they use scare tactics to retain employees, and when said employees have taken enough crap (and these are reeeally good people, ie. Hard workers who go beyond their call of duty to train newbies without extra money, lots of customers who want just them because they're just so good) they quit because the coy doesn't know how to retain, and doesn't bother to retain good staff. Its only when they retire to greener pastures with better pay that the coy will ask existing colleagues about old staff to see if they want to come back. They keep having employer/employee meetings about how to retain staff but when we mention commission and pay issues, they said that oh, we are different from other coy, doesnt mean that if other coy give this much pay, we must follow suit. And if the salespeople can sell more, there will be more incentive thus more pay for all staff. The manager actually tells us that all of us are not indispensible, even if we are not there, they can still operate well.
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Originally posted by FireIce:
u can gather those ppl working there now and those who left to support u in ur case (if u shd make it a case)
otherwise, choose to just ignore and pray it will be 4gotten bcos the co. will be too busy trying to hire and handle new ppl to deal with an ex-staff
blowing it up may end up in the media in a bad way and they will be opening their own can of worms
but if u wanna do a good deed, u can try to let the public and the potential job-seekers be aware of this
however, u are in the wrong to MIA
for ur next job, scrutinise the contract.
read it at least 7 times, make sure u wun regret, then sign.
The workers there are too terrified to testify, their livelihoods depend on this. All except two are foreigners on work permit, and I'm one of the two singaporeans. The only thing I can say for new job-seekers is to read the contract carefully, take note of working hours, days off, ot pay, ot conditions, job scope, termination conditions, and if possible, ask for no contract. Also, request for a few days of trial run at the job to see if it's suitable, chat with employees and gauge the vibe, all these before signing the contract. I actually had this done but I'm not very street-smart so it's not foolproof. And if they ask you to do things not stated in the contract or if you find something that doesn't tally, bring it up immediately or ask the mom about it. This means you have to be very familiar with the contract. You have to know the rules in order to abide by it. -
Originally posted by Lique:
More FYIs.
Basically, from ex colleagues, some people have contract, some don’t, and some have 1 year while others have 3 years.
As for work permit applications, since foreigners will need a minimum basic salary for that to happen, what the coy will do is to print 1800 on the paycheck, deposit that money into the employee’s acct, then tell the employee to return them the amount that is over what they are supposed to get, which is like 800. Is this common practice though?
The problem is that most of the workers there are foreigners, in fact, I’m one of the only two non managerial Singaporean there. They don’t dare to do anything for fear that their work permits will be revoked and their names blacklisted. This is probably how the coy can overwork them and underpay them. Moreover, they use scare tactics to retain employees, and when said employees have taken enough crap (and these are reeeally good people, ie. Hard workers who go beyond their call of duty to train newbies without extra money, lots of customers who want just them because they’re just so good) they quit because the coy doesn’t know how to retain, and doesn’t bother to retain good staff. Its only when they retire to greener pastures with better pay that the coy will ask existing colleagues about old staff to see if they want to come back.
They keep having employer/employee meetings about how to retain staff but when we mention commission and pay issues, they said that oh, we are different from other coy, doesnt mean that if other coy give this much pay, we must follow suit. And if the salespeople can sell more, there will be more incentive thus more pay for all staff. The manager actually tells us that all of us are not indispensible, even if we are not there, they can still operate well.
Do you still contact those foreigner workers? If yes, lady luck is on your side.
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The practice of transfering money back to employer... this one is very common, but most just do it discretly. If you managed to find workers who are willing to corperate with you, I think you can bust the whole company already.
Government nowadays heard people's voice (don't like foreigners) and is very strict with such employer now.
Recently there is a new about this, and the boss actually went to jail! -
DH, that boss go to jail the incident was before the GE right?
otherwise, zheng hu will always close one eye on this one. or else how can u even say 'very common' right? -
Originally posted by Darkness_hacker99:
The practice of transfering money back to employer... this one is very common, but most just do it discretly. If you managed to find workers who are willing to corperate with you, I think you can bust the whole company already.
Government nowadays heard people's voice (don't like foreigners) and is very strict with such employer now.
Recently there is a new about this, and
the boss actually went to jail!
So what I can do now is to.... Go to the mom/police to report them? With the worker's statement? -
can you keep us updated with the situation? i appreciate that.
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i'm still waiting. cos the demand letter said if i didn't pay up the money in lieu of notice and for terminating early by 28, they'll take action. no worries, i'm panicking inside but i thought it wouldn't be nice posting my ramblings of paranoia haha.
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and i did contact my ex-colleague, the one who had to give back money. she's too scared to help out, probably cos she's under work permit. oh well.
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Originally posted by Lique:
So what I can do now is to.... Go to the mom/police to report them? With the worker's statement?report police lol? are you ok or not. u go reporting to police and tell me after that lol.
call TNP hotline tommorrow and tell it to a journalist instead.
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Originally posted by Lique:
i’m still waiting. cos the demand letter said if i didn’t pay up the money in lieu of notice and for terminating early by 28, they’ll take action. no worries, i’m panicking inside but i thought it wouldn’t be nice posting my ramblings of paranoia haha.
I already told you right. just ignore and take no action.
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haiz... it's kinda very unfair...
I hope your friend really can help you. -
Ok. Update: They've lodged a "Claim made under the employment act" against me in the Office of the Commissioner for Labor, MOM. The letter is dated 13th December, received 15 December 2011. So the Assistant Commissioner will be inquiring into the claims on the 23rd December 2011. They are claiming "2 months Salary in lieu of notice". No amount stated.
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I would definitely have to go..
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.
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any updates?
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well i just got that letter from the mom yesterday. would need to go to court at mom on the 23rd.
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I was thinking, actually I don't have a good reason for absconding, really, except for the overworked and underpaid bit, as well as the verbal and mental abuse, all of which is hard to prove since i don't have my punch cards and it's all verbal testimony from myself (i doubt my ex colleagues will testify, they are all foreign workers on work permit. too scared). I will bring up the working hours being more than 44 per week, as well as working for more than 6 hours without break issue though. Does that count as a counterclaim?
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thank goodness i didn't pay what they asked in the first demand letter which is like nearly 7k. now they're claiming for 2 months salary in the letter from MOM, never even state the amount, which probably amounts to HALF the 7k. wtf.
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You did the right thing and I wish you all the best!
Your courage is commendable. 
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not small claims tribunal?
anyway you have nothing to be afraid of, as you did not owe the company any money.
well if you want to make it big, post it at STOMP and call TNP.
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why would it be small claims tribunal? i mean, yes, i didn't owe them money but... (sorry bear with me one more time) wont the MOM say hey the employment act says you must give notice before leaving of pay the pay in lieu of notice. sitting tight til the 23rd then! i should go right?
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The lower judge will rule in favour of your ex-employer because it's stated in the employment contract.
You can counter claim it with
1) unclaimed OT over 1 year 6 month
2) working more than 6 hours without pay
3) illegal practice of faking salary to employ (request judge to check the bank accounts of the company and employee)
If you got a good laywer, he'll do his job well. If you're on your own, then you must be calm and explain in great details.
For the abuse part, unless you have a witness, it's hard for the judge to believe.