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Old 10-04-2014, 03:28 PM
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Default letter of appointment.

Is it legal for a clause to pay 3 months to the coy if the person left the company before 3 years? If contract has been signed.

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Old 10-04-2014, 04:58 PM
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Quote:
Originally Posted by floralpeace View Post
Is it legal for a clause to pay 3 months to the coy if the person left the company before 3 years? If contract has been signed.
yes, if you/"the person" executed the contract.

i'm sure there are other legal recourse but may not be worth the time, $$ and effort to fight it. the best solution is to negotiate with your boss/HR/legal to come to an amicable compromise.

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Old 10-04-2014, 08:16 PM
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The term is very weird. It puts 2 week notice during probation and 3 months notice after probation.
Den last page put payback 3 months salary if contract is terminated before 3 years. ( I nv notice this clause)
Does it mean if I quit after probation oso nd pay 3 months???
I initially signed wen I see the 2 weeks notice probation. Never think so much. Now tat I really read thru the contract it seems to make me stay for 3 years???

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Old 10-04-2014, 09:03 PM
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Quote:
Originally Posted by floralpeace View Post
The term is very weird. It puts 2 week notice during probation and 3 months notice after probation.
Den last page put payback 3 months salary if contract is terminated before 3 years. ( I nv notice this clause)
Does it mean if I quit after probation oso nd pay 3 months???
I initially signed wen I see the 2 weeks notice probation. Never think so much. Now tat I really read thru the contract it seems to make me stay for 3 years???
it's not weird. sounds like they put you through some kind of training and it's a 3 year bond. can't believe that you signed on the dotted line without looking through the details! go seek legal advise or talk to your boss. no one in a forum can help you.

good luck.
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Old 10-04-2014, 09:05 PM
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There's no training. Its an executive position n my replacement is on one month notice and never heard of the policy before.


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Old 13-04-2014, 12:00 AM
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There's no training. Its an executive position n my replacement is on one month notice and never heard of the policy before.
cant blame anyone, u didnt read ur contract carefully before u signed. it seems that u signed a 3-years bond. almost no case against ur company..
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Old 13-04-2014, 12:10 AM
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Hi there. Yep I did sign but it seems that the contract terms are not valid either with mom rules or contract law. Im comtemplating legal advice n im still on probation just curious anyone hu signed a contract with clauses that only protects one party.
If after seeking advice it is invalid then I will quit.


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Old 13-04-2014, 08:09 PM
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Quote:
Originally Posted by floralpeace View Post
Hi there. Yep I did sign but it seems that the contract terms are not valid either with mom rules or contract law. Im comtemplating legal advice n im still on probation just curious anyone hu signed a contract with clauses that only protects one party.
If after seeking advice it is invalid then I will quit.
i aint lawyer, but i highly doubt u have any case against ur employer. sorry to say, u deserve this cause u didnt read before u sign. this is basic..

nonetheless, how's the job so far? if it's not that bad, and u think u can stay for 3 years, then nth to worry isnt it? rather to go complicate matters. if u're really uncomfortable, go speak to ur HR better, legal advice/action is def > ur 3 months salary + lots of unpleasant moments.
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Old 13-04-2014, 09:38 PM
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Quote:
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Is it legal for a clause to pay 3 months to the coy if the person left the company before 3 years? If contract has been signed.
you can take the risk of them suing you. then you can challenge them in court.

first, dig out all their particulars. step 1: pay $5 at .bizfile.com.sg to buy their company profile. you can counter sue the directors of the company for any violation.

even if you receive a letter of demand (LOD) from their lawyer, you still don't have to pay. you can reply nicely asking if such a contract is even enforceable. also, if you are protected by MOM regulations (i.e. income less than $2,500, i think), you can approach MOM for help. furnish MOM with all the company's particulars - office address, names & residential addresses of all the directors, contact numbers, etc.

careful: lawyers are always the winners. if things worsen to the level where you must get a lawyer, try to get a pro bono one to help you.

my take on this (caveat emptor): you can walk away from the job.
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Old 13-04-2014, 09:43 PM
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further, if you know of any wrongdoing in this company, be a whistleblower and take the 1st retaliatory step. examples: tax evasion, software piracy, illegal PIC claims, illegal activities, sexual harassment.

for taxes and PIC-related matters, call IRAS.

for illegal activities, call CPIB or CAD.

for sexual harassment, call 999.

start collecting evidence. bad people need to have a taste of their own medicine.
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