Example of an At-will employment agreement clause among employers in Singapore:
During the probationary period, your employment may be terminated by either party giving 1 month written notice. After comfirmation, either party may terminate this agreement at any time before the end of the contract period by giving the other one month written notice of termination, provided that either party may terminate this agreement without notice or by giving the other party a sum equal to the salary the employee would have earned during the notice period or the period for which the notice period has fallen short of the one month notice of termination.Although at-will employment allows an employee to quit for no reason, the rule that either party can terminate the relationship is most often invoked when an employer wants to fire an employee at any time. Since this practice virtually eliminates job security, it can create an atmosphere of fear that may contribute to workplace bullying.
There is no exceptions to at-will employment created in Singapore.
The clause is in favour of the employer, with the burden of proof on the discharged employee.
This clause is not favourable to an employee who took maternity leave and lost her job.
And also for employees pressured to resign by the employer. As far as I know, thereÂ’s no legal concept call constructive termination in Singapore employment law.
In constructive termination an employee quits her job because her working conditions have become unbearable. The resignation is voluntary. A court, however, might view such a resignation as involuntary because by not repairing the working situation, the employer has, in effect, forced the employee to leave.
This can happen in other first world countriesÂ’ courts but donÂ’t think it will happen in Singapore.
Originally posted by robertteh:
In Singapore if an employer wants to short-change the employee's contractual rights like depriving him of the need for proper termination notice or compensation or 13th month bonus entitlement, the employer can easily do so without any worry.
For the weaker contractual party like the employee, he cannot turn to NTUC or MOM for help except in their own showcases of unionism basically just for whow.
The only recourse is to employee to engage his own lawyer to fight for your right.
MOM will not interfere. I have come across one case myself where employee after contacting the MOM has received no help and he finally had to fight the employer who persecuted the employee because of some internal politics.
The MOM did not reply to employee's call for help. Why ? Because for years, NTUC under Lim Boon Heng only know about employers' rights and the need to protect their economic competitiveness and afraid to legislate such protections except in union's own cases which they could reconcile to protect the employer's rights in better showcases and in collective agreement cases.
During bad times like recessions, the only thing about NTUC and MOM know is how to increase our employer's economic competitiveness through deducting workers' CPF and making workers' wages variable or opening the doors to allow foreigners to come in and lower our citizens' wage costs.
What else does Mr. Lim Boon Heng know to deserve the labour award?