Support Site for The Unemployed & Underemployed
Friday June 23rd 2017

Female PMET works less than a month but ask to pay 2 months’ notice

Hi Mr Gilbert,

My name is Stacy. I am writing to you as I saw your article addressed to Felicia on her 6 months’ compensation pertaining to employment contract.

I would like to seek advice from you with regards to employment law and hope you will be able to help me. Recently, I signed a employment contract with an accounting firm sent via email. I started work on xxx November, and tendered on xxx November.

I was feeling asthmatic and experience severe migraine, and so went to seek a doctor on 1 Dec. Doctor advised was to change a job, she wrote me a memo on my health status and gave me 2 days mc.

I emailed my director that I’m not reporting for work. Subsequently, HR manager emailed me, stating that I need to pay the notice period (about 2 months) and it was not a small sum to me. Will the company sue me if I have no money to pay up??

What should I do? I wish to find out if there is any way I can resign without having to pay any compensation to the company.

Awaiting for your soonest reply. Thank you.

Stacy

******

Hi Stacy

Thanks for your mail and sorry to hear of your predicament.

Contractual agreement here is very loose and sometimes binding depending on what are stated on the terms of contract.

Company may sue for breach of contract unless its settled personally in agreement.

As yours is a medical situation perhaps you can write to them stating your reasons properly again for non-compliance.

Or you can settle abit on compassionate ground.

Companies may sue but frankly seldom do they sue till they go to court unless its a huge sum. They may however issue you legal document to scare you into paying.

It takes a company 5-figure sum just to bring you to court unless its a legal firm.

Hope this has help you and try to settle out of court if possible.

Take care.

Regds

Gilbert

 

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4 Responses to “Female PMET works less than a month but ask to pay 2 months’ notice”

  1. Santos says:

    Alternatively, u can request ur employer or HR to waive that 2 months notice that u owe to the company due to ur medical problem. If this doesn’t work, feedback the case to MOM ( probably wouldn’t do anything), report to police if u r ‘harass’ with many ‘debt collecting letters’ ( quite unlikely due to compassionate ground).

  2. Bernard says:

    Hi Stacey, Gilbert’s email is correct. Under normal circumstances, it is correct for the HR to request for 2 months notice payment offset, assume you do not have the intent, or unable to serve your 2 months notice. In this case, you have due reasons, that due to health, you are inable to fulfil your required notice. It is best to negotiate with them, which my feel is that they should be able to let you off.

    To add on to what Gilbert has written, it will both take a 5 figure sum, and for the company to prove it has suffered losses to successfully sue and claim the amount from you. In which case, assume that you are not a core team or senior management personnel, it is very unlikely.

    We all tend to jump when we think of lawsuits, but in actuality, it is not take easy in Singapore to take out a lawsuit. And yes, they could send legal demand letters, as per the norm, but a demand letter is not a law suit.

    Go ahead and state your due reason, in a proper and professional manner, and dont worry too much beyond what needs to be done

  3. xyz says:

    You can basically fuck care this company. They won’t sue unless they like to throw $10K-$20K down the toilet. In fact if you fight them with your own lawyer, both sides will spend more than $20K each.

    You can also throw any letter of demand into the rubbish (ok lah, keep for evidence). These cost $150-$250 per letter, which I doubt the company will even be willing to spend. You can inform the company to stop else you can report to MOM & police for harassment.

    As for the contract unfortunately it is legally enforceable in S’pore — but to go to court is expensive in S’pore. Doubtful they will want to waste the money. In pro-business Singapore, almost any contract is legal as long as the wordings are proper, with proper witnesses, and signatures on all pages, and the subject matter is not illegal in the 1st place. So contracts to kill someone, kidnap somebody, supply drugs, beat up your enemy, steal, etc etc are null & void in Singapore.

    • Lee says:

      What about just keep taking MCs during the month of notice? They will be counted as no-pay leave. Additionally, any unutilised leave, either carried forward from the year before or pro-rated from the current year, will be used to offset/paid back to you. This should help you through the period.

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