Help! Boss wants to sue me for breach of contract!!!

Dedutes SG

hi kind souls out there,

i am currently working for a company for 2 months now...and i have submitted my resignation letter 2 weeks ago as i am offered a better position elsewhere and the company wants me to commence immediately. However, my current boss vehemently rejected it. He has infact made me sign a confirmation letter to keep me and that in any instances that i choose to leave i have to reimburse him a month of salary in lieu of a notice period of 1 month. I signed it with a a heavy heart. I still want to leave and i am willing to pay off the reimbursement. But what i fear is that he will press charges against me and i surely would not want to go behind bars. Can anyone give me some advice on this issue? It's driving me nuts and i am loosing sleep. Thank You!

googoomuck SG

Duly noted and Geok Choo is dead.

Is there anything you need?

Chunghong2004 SG

just work there for 1 month then resign.

ORIGAMIST SG

Under most employment contract there is always a clause that allow either party to give notice for termination. How many months notice must you give? In place of that notice period, you can alway pay it in cash (in lieu of notice)

You won’t go to jail for this kind of thing. Btw, what is your basic pay?

Shotgun SG

Why did you sign? Should have not signed.

Generally there should be a 1-mth notice agreement for termination in employment contracts.

Chunghong2004 SG

Read next time before you sign anything... it can be a legal document.

likeyou SG

Let your new company know about the clause you have signed for the present company. Option:

1. New company might pay the compensatio for you.

2. You pay yourself.

3. You work for 1 month, no choice.

Remember, you have already sign the contract of employment. You are legally bind to the company.

Dedutes SG

Hi, thank you all for the replies.

I was not a confirmed staff. However the latest document that he got me to sign was for confirming me as a staff. My basis is S$2500 and it's stated that i need a month of notice to terminate the contract. As i don't earn that much, if he send me a legal letter, can i request to pay back the salary in lieu monthly through his lawyer? I really appreciate your kind replies, guys! :)

likeyou SG

Guess you have no choice but to serve the 1 month notice since you already sign the contract.

Inform your new employer about 1 month notice and see how it goes from there.

Samuel Lee SG

Work for 1 month, no, your boss cannot throw you inside bars, or make you bankrupt for such issues. Well, why would you bite the one who feeds you?

mancha SG

You won't be put behing bars for breaking a private contract.

At most, you will be made by the courts to pay compensation/damages to the aggrieved party.

dechang SG

He don't need to employ a lawyer to sue you.

He just report to MOM and they will sue you.

ORIGAMIST SG

He don't need to employ a lawyer to sue you.

He just report to MOM and they will sue you.

Don't anyhow say and frighten him la. For $2.5 k. You cannot seek MOM help as your salary is outside the Employment Act. Just serve the one month if you can't afford to pay. That's your contractual obligation.

dangerboi SG

the problem started with you and you should be the one solving it.

Xcert SG

hi kind souls out there,

actually very simple only...

MOM has explicitly stated that contract matters are not under their care...ur employer will have to sue U to get anything...and civil cases generally dun make U go to jail and lawyers are not cheap.

Just formally resign and pay the salary-in-lieu. It is an offence for your company to reject ur resignation...there is no such thing as U cannot resign.

dun say I dun help U....

http://www.mom.gov.sg/employment-practices/employment-rights-conditions/contract-of-service-termination/Pages/contracts-of-service-and-termination.aspx

Xcert SG

Hi, thank you all for the replies.

just add in a cheque for 2.5K along with ur resignation letter and make sure U get an acknowledgement for both the letter and the cheque.

Dedutes SG

Anyone has any idea how much the compensation be? And can i arrange for it to be paid monthly?

likeyou SG

Anyone has any idea how much the compensation be? And can i arrange for it to be paid monthly?

You should ask your HR staff about the compensation if you are bend on getting out of the company.

dechang SG

Nobody is frightening him.

For 2.5k you can't seek MOM help but your employer still can seek MOM help to get the salary in lieu of notice.

Now the TS don't want to pay so he can just get ready to be sued by MOM and made to pay even more than 1 month salary

βέτά SG

I didn't know MOM handles employer's claim against employees who are not covered under employment act.