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-   -   Can i hold 2 job? Advise needed. (https://forums.salary.sg/income-jobs/12640-can-i-hold-2-job-advise-needed.html)

TanMH 12-05-2020 08:56 AM

Can i hold 2 job? Advise needed.
 
My employer found out that i started my new part time job, when i was on leave, during my termination notice period.
Now they refuse to pay my salary...
Do employer have the right for not paying me because i did not inform them of my new part time job
?
When the new permanent part time job opportunities come, i just accept it without checking with my employer.
My employment letter did not mention that i cant hold another job.

Any expert can advise?

Unregistered 12-05-2020 09:57 AM

seriously why dont you call MOM instead of seeking advice here

Unregistered 12-05-2020 10:41 AM

Even if employer letter did not mention cannot hold another job, under law you are bound by duty of loyalty to your employer and cannot take another job without employer's consent.

They would have the right to terminate you, but you should still be able to receive salary less any discretionary component/benefits which they can forfeit. Threaten a dispute with MOM and firms will **** bricks.

DJC 12-05-2020 12:51 PM

Quote:

Originally Posted by TanMH (Post 133839)
My employer found out that i started my new part time job, when i was on leave, during my termination notice period.
Now they refuse to pay my salary...
Do employer have the right for not paying me because i did not inform them of my new part time job
?
When the new permanent part time job opportunities come, i just accept it without checking with my employer.
My employment letter did not mention that i cant hold another job.

Any expert can advise?

What's the reason for termination? Did they terminate you rather than opting for retrenchment to save costs?

Unregistered 12-05-2020 12:52 PM

If contract nv say cannot hold secondary job, u can hold.

Civil service and army cannot.
In fact u go to jail in army if u have a secondary job

Unregistered 12-05-2020 01:09 PM

Government jobs or military career, you cannot hold secondary appointment/jobs.

For private sector, it depends. It goes two ways:

a. The secondary job employment is not a client of your primary employment. Therefore, no conflict of interest.

b. The secondary job employment is a client of your primary employment. So cannot. Conflict of interest.

Otherwise, no issue.

Your employer still has to pay for the time of your work commitment with them. If they hold their payroll due to your secondary appointment, please report to MOM. You must be paid accordingly to the work hours you committed with them.

sinkingfeeling 12-05-2020 03:54 PM

It may be omitted from employment letter because it's common sense :(

Either that or it's in the employee handbook :(

A lot of rules and regs at my previous coy mentioned in handbook only, not in employment letter :(

Unregistered 12-05-2020 10:06 PM

Quote:

Originally Posted by sinkingfeeling (Post 133884)
It may be omitted from employment letter because it's common sense :(

Either that or it's in the employee handbook :(

A lot of rules and regs at my previous coy mentioned in handbook only, not in employment letter :(

This message is not intended as legal advice, and should not be construed as such. Speak to a lawyer or MOM.

That being said, legally speaking that's generally not true, moonlighting is only illegal in the civil sectors (to prevent conflicts of interest), otherwise, you are bound by contractual terms (no contract term preventing moonlighting in a second job means that you can).

The terms in the employment handbook are not enforceable, unless the employment contract mentioned that the other standard terms of employment are found in the handbook (and/or are incorporated into the contract). Furthermore, alongside the contractual incorporation, they also generally have to have provided you those terms (by providing you the handbook) prior to signing (or it was at least available upon request - whether you read it is another thing entirely).

You have a good case to seek the payment of your salary (if the contract does not ban moonlighting) and should consult MOM or free employment mediation agencies (TADM/ECT for example). Do not accept any offers of partial payment prior to seeking advice from MOM or a lawyer.

Unregistered 12-05-2020 10:11 PM

Quote:

Originally Posted by Unregistered (Post 133848)
Even if employer letter did not mention cannot hold another job, under law you are bound by duty of loyalty to your employer and cannot take another job without employer's consent.

They would have the right to terminate you, but you should still be able to receive salary less any discretionary component/benefits which they can forfeit. Threaten a dispute with MOM and firms will **** bricks.

The duty of loyalty is not exactly accurate - it's more of a duty of fidelity. Ergo, while you need to work diligently, honestly, loyally for the company, you just need to show that your work did not affect your work with the company, and that there is no conflicts of interest between your other company and the current company. So unless they have proof that you slacked off to do work for your other company, or that you worked for a "competitor", they have no valid reason to hold your payment. In any case, given that the employee was on leave, during his notice period, it will be hard for the company to prove that the implied duty was breached.

Unregistered 13-05-2020 11:23 PM

Quote:

Originally Posted by Unregistered (Post 133914)
The duty of loyalty is not exactly accurate - it's more of a duty of fidelity. Ergo, while you need to work diligently, honestly, loyally for the company, you just need to show that your work did not affect your work with the company, and that there is no conflicts of interest between your other company and the current company. So unless they have proof that you slacked off to do work for your other company, or that you worked for a "competitor", they have no valid reason to hold your payment. In any case, given that the employee was on leave, during his notice period, it will be hard for the company to prove that the implied duty was breached.

Lol bright eyed bushy tailed law student/fresh law grad spotted.


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