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Accepted and offer letter but want to rescind

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  #1 (permalink)  
Old 12-03-2021, 03:45 PM
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Default Accepted and offer letter but want to rescind

Received an offer, signed it.

The offer stated the position offered, the commence date and the major terms and conditions such as pay, probation, leave, notice period.

last but not least it states that
"Your formal employment contract will be signed on or before the start date of your employment. Our HR team will contact you on the onboarding process."

Will this be legal for me to rescind now.

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Old 12-03-2021, 03:52 PM
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Of course, just don't show up on the first day.

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Old 12-03-2021, 03:56 PM
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Confused? You sign what then?
The thing you sign got state how much is the job how much leave. Etc. Work Place. Designation? Etc?

If got. That is binding liao what. Cause after you sign that they allocate for you. Create emeial accpunt
Staff id. Electronic access. Create employee id. Account. Bank payment. Etc.

Alot of admin work one... You sign liao. You want to rescind. Then you have to pay back the 1 month pay what or as contract....

Why you do like that. What is your reason?

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Old 12-03-2021, 04:05 PM
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Of course, just don't show up on the first day.
If only it's listed in the contract else it's legally binded to the contractual terms including compensation to company.
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Old 12-03-2021, 04:09 PM
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If only it's listed in the contract else it's legally binded to the contractual terms including compensation to company.
Lol you must be dreaming.

Many cases of people signing and not reporting for work on day 1. If you are nice you can drop an email or call in to them.
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Old 12-03-2021, 04:10 PM
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Confused? You sign what then?
The thing you sign got state how much is the job how much leave. Etc. Work Place. Designation? Etc?

If got. That is binding liao what. Cause after you sign that they allocate for you. Create emeial accpunt
Staff id. Electronic access. Create employee id. Account. Bank payment. Etc.

Alot of admin work one... You sign liao. You want to rescind. Then you have to pay back the 1 month pay what or as contract....

Why you do like that. What is your reason?
All this low level stuff don't make it sound like a big deal. Often times you join on the first day many of these haven't even been set up for you yet.
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Old 12-03-2021, 04:39 PM
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Quote:
Originally Posted by Unregistered View Post
Confused? You sign what then?
The thing you sign got state how much is the job how much leave. Etc. Work Place. Designation? Etc?

If got. That is binding liao what. Cause after you sign that they allocate for you. Create emeial accpunt
Staff id. Electronic access. Create employee id. Account. Bank payment. Etc.

Alot of admin work one... You sign liao. You want to rescind. Then you have to pay back the 1 month pay what or as contract....

Why you do like that. What is your reason?
Below is the Letter of Offer:

"
We are pleased to offer you the position of XXX in YYY and your employment will commence on AAA to BBB. The offer is subject to a successful visa, checks.

The major terms and conditions are as follow:

*salary
*probation
*leave
*notice period

your formal employment contract will be signed on or before the start date of your employment. Our HR will contact you on the onboarding process.
"

No clause on paying back or anything ...
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Old 12-03-2021, 04:42 PM
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Originally Posted by kelvinli View Post
Below is the Letter of Offer:

"
We are pleased to offer you the position of XXX in YYY and your employment will commence on AAA to BBB. The offer is subject to a successful visa, checks.

The major terms and conditions are as follow:

*salary
*probation
*leave
*notice period

your formal employment contract will be signed on or before the start date of your employment. Our HR will contact you on the onboarding process.
"

No clause on paying back or anything ...
This is pretty much a boilerplate letter of employment. No fear, resign before your first day with conviction.
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Old 12-03-2021, 04:43 PM
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If a new employee has signed a letter of employment but does not show up for work, what can an employer do?
Once an employment contract has been signed, both employers and employees should be prepared to fulfil their contractual obligations. In exceptional cases when they are not able to do so, they should inform the other party as soon as possible.

If an employee does not show up on the first day of work, the Employment Act does not apply as the employer-employee relationship has not started.

An employer will not be able to claim notice pay or any other compensation provided for in the Employment Act. They can consider a civil claim filed through their own lawyer.

From MOM website...
Be prepared to get sued. If the company not happy you no show. Then whenever you fill up form you have to legally declare that you are involved in a civil sue. My ex colleague kena sued before when he quit the company to join direct competitor. Its in the contract non compete. But the competitor promised to pay the legal. They paid...

But now he got the black mark in his record that he kena sued before. And legally he paid the fine. Even though that money was paid by the competitor company.

Go ahead do what you want.
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Old 12-03-2021, 04:51 PM
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Quote:
Originally Posted by Unregistered View Post
If a new employee has signed a letter of employment but does not show up for work, what can an employer do?
Once an employment contract has been signed, both employers and employees should be prepared to fulfil their contractual obligations. In exceptional cases when they are not able to do so, they should inform the other party as soon as possible.

If an employee does not show up on the first day of work, the Employment Act does not apply as the employer-employee relationship has not started.

An employer will not be able to claim notice pay or any other compensation provided for in the Employment Act. They can consider a civil claim filed through their own lawyer.

From MOM website...
Be prepared to get sued. If the company not happy you no show. Then whenever you fill up form you have to legally declare that you are involved in a civil sue. My ex colleague kena sued before when he quit the company to join direct competitor. Its in the contract non compete. But the competitor promised to pay the legal. They paid...

But now he got the black mark in his record that he kena sued before. And legally he paid the fine. Even though that money was paid by the competitor company.

Go ahead do what you want.
People not showing up for work after signing is way more common than you think. On average, your single anecdotal doesn't mean jack when taking into account all the cases that pass with impunity.

You think the company will actually initiate legal proceedings against you for not showing up, especially if you drop them a courtesy email or call prior? Maybe if you're a bigshot in your industry, else highly doubt they will waste the time and money.
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