Is it legal in Singapore in these HR policies?

last SG · 2009-11-04T12:11:55+00:00

I had heard of employment letter which do not even state your monthly pay and printed on poor quality paper...... Must be a scam job.. All the jobs I work be...

Louis dave36 SG

like bar the staff to work for its competitors for 1 or 2 years in the same industry? or pay 2 months of pay if you work for the company for less than 1 year?

fireng SG

why don't ask MOM?

Rooney9 SG

ask MOM useless lar. they will refer you to employment act only.

fireng SG

so what employment act say

TrueHeart SG

like bar the staff to work for its competitors for 1 or 2 years in the same industry? or pay 2 months of pay if you work for the company for less than 1 year?

Hi Louis,

I believe this will help answer your first question.

http://www.entersingaporebusiness.info/Bus07.htm

Do have a look at the non-competition covenants section.

As for the 2nd question, perhaps you will like to rephrase it.

Just to let you know, if you wish to make a complaint, you will have to do so within one year of the incident which led to the complaint.

http://www.lawsociety.org.sg/public/you_and_the_law/employment.aspx

Cheers.

BadzMaro SG

Restriction of trade clause gua.

Louis dave36 SG

Hi Louis,

I believe this will help answer your first question.

http://www.entersingaporebusiness.info/Bus07.htm

Do have a look at the non-competition covenants section.

As for the 2nd question, perhaps you will like to rephrase it.

Just to let you know, if you wish to make a complaint, you will have to do so within one year of the incident which led to the complaint.

http://www.lawsociety.org.sg/public/you_and_the_law/employment.aspx

Cheers.

for the 2nd question, that means no need to pay 2 months compensation if quit, as long as you do not work there for more than 5 years?

say if work for 5 months and quit, no need to pay them compensation isnt it, even if the employment letter you have signed stated you need to pay 2 months pay to the company.

If you quit, the company sure send you letter, asking you to pay them 2 months of pay, if not send legal letter to you, demanding you to pay them.

jacknife SG

Hi Louis,

I believe this will help answer your first question.

http://www.entersingaporebusiness.info/Bus07.htm

Do have a look at the non-competition covenants section.

As for the 2nd question, perhaps you will like to rephrase it.

Just to let you know, if you wish to make a complaint, you will have to do so within one year of the incident which led to the complaint.

http://www.lawsociety.org.sg/public/you_and_the_law/employment.aspx

Cheers.

erm the 2nd link did not mention about paying compensation if you sign a letter of employment stating that you need to work for at least 1 year if not pay 2 months salary compensation.

I think its just saying that if you feel this clause is unfair you cam make a complain within 1 year and than the court willl decide what to do?

Louis dave36 SG

only those sucky companies who dun pay well and staff turnover rate is high that they implement such sucky conditions in their employment letter. if not why the hell these companies implement such policies in the first place?

if you dun want your staff to quit, pay them well enough for them not to look for better paying jobs. not asking the company to pay them above market rate lar, but pay them market rate at the very least.

Junyang700 SG

I think it depends on the contract you sign.

For some occupations, they can restrict you from joining other companies for a year or two after you resign from the current company to work for a competitor.

About 2 months payment to company, if you didnt sign anything regarding this clause, the company cannot ask you to pay them 2 months.

Singapore is pro business. So it really have to depend on the contract you sign.
So please do not sign your life away.

Louis dave36 SG

but if you dun sign the employment letter, you dun work for the company, so there is no issue to begin with.

for working for competitors, it was published in the newspapers that it is unenforceble in courts, simply cos you are denying the person the right to earn a living. the recent RBS staff who moved to their competitor in private banking, RBS also cant do anything and did RBS sued them?

jacknife SG

but if you dun sign the employment letter, you dun work for the company, so there is no issue to begin with.

But did RBS have a clause that you can't work for their competitors?

Since you already read in newspaper that it is not enforceable in court, how come you still start a thread to ask whether its legal to bar you from working for competitors in the same industry for 1 or 2 years?

Rooney9 SG

But did RBS have a clause that you can't work for their competitors?

to expose employers from exploiting new hires I suppose. dun you know employers are unscrupulous in exploiting staff in singapore one de?

jacknife SG

to expose employers from exploiting new hires I suppose. dun you know employers are unscrupulous in exploiting staff in singapore one de?

I know. So far I have only encountered 1 which is mdis which I am going to work for them soon.

Rooney9 SG

I know. So far I have only encountered 1 which is mdis which I am going to work for them soon.

look for a better job when the economy recover next year. in the meantime, stay put and work for the time being there. you are lucky you have a job, where others are unemployed.

TrueHeart SG

for the 2nd question, that means no need to pay 2 months compensation if quit, as long as you do not work there for more than 5 years?

say if work for 5 months and quit, no need to pay them compensation isnt it, even if the employment letter you have signed stated you need to pay 2 months pay to the company.

If you quit, the company sure send you letter, asking you to pay them 2 months of pay, if not send legal letter to you, demanding you to pay them.

Hi Louis,

My apologies, as I cannot find anything related to this question.

Cheers.

TrueHeart SG

erm the 2nd link did not mention about paying compensation if you sign a letter of employment stating that you need to work for at least 1 year if not pay 2 months salary compensation.

I think its just saying that if you feel this clause is unfair you cam make a complain within 1 year and than the court willl decide what to do?

Hi jacknife,

Sorry for the confusion. My 2nd link was meant to show Louis that if he wishes to make a complaint, he will have to do so within a year.

Cheers.

jacknife SG

Hi jacknife,

Sorry for the confusion. My 2nd link was meant to show Louis that if he wishes to make a complaint, he will have to do so within a year.

Cheers.

But you must earn 1.6k and below than you make complain than MOM will help you right?

TrueHeart SG

But you must earn 1.6k and below than you make complain than MOM will help you right?

Hi jacknife,

I believe that you have mistaken some of the clauses. What they meant is that if you earn SG$1.6k, these do not apply to you

priority of salary claims over other debts;

Commissioner's power to inquire into amount due to employee; and

rest days, hours of work, holidays and other conditions of service.

note that for this part, subcontractors for labour are considered employees

Anyway, I have also noticed something very interesting that may help the TS which I have missed out before:

"Since the provisions in the Employment Act set the minimum standard, the terms of your contract of service must be at least equal to or more favourable than the provisions in the Act, otherwise the terms that are less favourable will be illegal and invalid."

Cheers.

Rooney9 SG

Hi jacknife,

I believe that you have mistaken some of the clauses. What they meant is that if you earn SG$1.6k, these do not apply to you

priority of salary claims over other debts;

Commissioner's power to inquire into amount due to employee; and

rest days, hours of work, holidays and other conditions of service.

note that for this part, subcontractors for labour are considered employees

Anyway, I have also noticed something very interesting that may help the TS which I have missed out before:

Cheers.

what about serving 2 months notice or paying 2 months pay? is it considered as legal or illegal?