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Sunday April 30th 2017

MOM powerless in PMET’s forced resignation from company after maternity leave

Dear Gilbert,

I have just return from my maternity leave and was told by my boss that I will be handling more decision making work. I enquired about my appraisal report and bonus and she mentioned that it was submitted.

However, on Monday when I went back to work I was informed by my HR manager that company is laying me off. I will be terminated by the Company. This totally came as a shock to me. I asked for the reason of this decision but she was unable to tell me. When I enquired about my bonus due to me she could not give me an answer too.

I have spoken to MOM regarding my case and there’s nothing much that MOM indeed can do. My horrid Company has turned the scenario around now and instead of terminating me, they force me to sign a Resignation letter stating I request to resign immediately and Company has agreed.

This also needs me to pay the Company 1 month’s notice! Company has issued me a bonus (which is actually a payment in lieu to me for terminating me immediately).

Upon reading MOM’s reply to me, I was feeling helpless hence in such situation without aid, I have to just agreed to their terms or risk not getting my notice payment in lieu. I have to stress that no additional compensation was offered to me apart from the notice period payment in lieu.

My manager stressed to me that I either accept the Termination letter or risk not receiving the 1 month’s notice payment in lieu. She also mentioned going to MOM is useless. As what they did is all in line with the MOM’ legislation, which they have seek their lawyer’s advice.

I agree to shaming this Company so that other local job seekers will not fall prey to this Company, terminating people at whim especially when they are near to getting their anniversary bonus. However, I am worried that this might involve me in a possible lawsuit.

Rgds,

Jasmine

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2 Responses to “MOM powerless in PMET’s forced resignation from company after maternity leave”

  1. Outcast says:

    What kind of a labour Law is this when u name an organization tat fire u after taking maternity leave? By stating the fact to the media, u r helping potential candidates not to apply jobs in this organization that fire u unfairly. That company wouldn’t go bust because of no candidates to apply this company, they just employ foreigners & these foreigners after sometimes will found out & they would jump ship..in time to come this company will suffer unknowingly..it’s karma..what goes around comes around.

  2. xyz says:

    Jasmine, you shouldn’t have signed the resignation. If they want to terminate you, let them terminate/fire you. Then make a formal complain to MOM that the company is unfairly dismissing you without any reasonable basis in order to avoid paying you any retrenchment benefits. Disguised retrenchments is now a HOT THING in MOM, and they will at least investigate a bit & question the company.

    Moreover that company remains unnamed, so they will continue to use their dishonest & illegal tactics on other employees.

    YES what the company said or did is UNLAWFUL even under S’pore’s pro-biz Employment Act. Because all employers in S’pore must offer salary in-lieu of notice period if they fire you immediately.

    Therefore, if your employment contract/letter states 1 month resignation/termination notice, the company EITHER gives you 1 month notice of your termination together with your usual salary after your last month, OR terminate you immediately together with 1 month basic salary.

    Most proper companies in S’pore will terminate immediately and give you 1 month salary in-lieu of notice period. This is for clear-cut termination/firing case e.g. due to proven bad performance, misdeed, big mistakes, etc.

    Otherwise you can argue for retrenchment case where the company should offer some retrenchment benefits and inform MOM etc.

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