请教大家：
我最近递交了辞职信，公司和我签的是3年合同，其中有一条是：
In theevent your employment is terminated by either party before the expiry of yourwork permit, you agree to compensate the Company 3 month’s salary based on yourlast drawn salary applicable immediately before the date of the notice oftermination. You shall also reimbursethe Company for all expenses and costs (including the cost of air tickets,medical check up costs, recruitment costs, etc….) incurred by the Company insecuring your employment with the Company.
但是：
1. 合同是到明年6月到期，我的准证S PASS原先到期是今年7月20日，上个月RENEW了三年是到2015。这样的话，“In the event your employment is terminated by either party before the expiry of your work permit” 是不是就要理解为，我即使合同到期离职，也要还3个月薪水？
2. 我来新加坡公司工作以来从来没拿到过air tickets的钱， 上述这个合同内容是不是公司已经就是违法了
明年6月前为准~
按合同为主
但是合同不明确啊， 写的不是expiry of contract date, 而是expiry of your work permit。
又看了一遍我的合同,不是辞职要赔3个月工资,是你要辞职,公司不同意辞职,你要赔3月工资.
我的厂里是提前一个月递辞职单,公司批了,就不用赔.
让公司辞你。
你们没看清楚拉，是either party
也就是公司要辞你，你也要赔3个月薪水。
就是这么恶心。这种合同受法律保护？
问了法律老师，你自己看看吧，简单的说，他认为第一条是有争议的，很可能不成立，第二条100% 不成立，违法。The plaintiff ‘s contract has the following clauses:
In the event your employment is terminated by either party before the expiry of your work permit, you agree to compensate the Company 3 month’s salary based on your last drawn salary applicable immediately before the date of the notice oftermination. You shall also reimburse the Company for all expenses and costs (including the cost of air tickets,medical check up costs, recruitment costs, etc….) incurred by the Company in securing your employment with the Company.
The plaintiff ‘s contract with company will end by June, 2013, but his work permit (S pass ) just renewed, will be expired at June 2015.
Question:
If the plaintiff wish to resign now and give one month notice, and company agreed, does he need to compensate company 3 month’s salary?
Is there are separate termination clause (eg: can resign by giving 1 month’s notice) in the contract? Assuming there is such a clause – this is just additional to recover losses – but it is in essence a liquidated damages clause (we did this in relation to restraint of trade clauses). Whether such a clause is valid –depends on whether it is reasonable. It does not seem to be. It seems to be an arbitrary figure – so unlikely to be valid. If there is no termination clause in the contract – still employee is covered by EA – so would have the statutory right to terminate. As for the 2nd clause – that is also liquidated damages – that seems more accurate and less arbitrary compared to the first – BUT under Work Permit Conditions/S Pass Conditions (can get this from MOM website) – it is an offence for employer to deduct this – so clause 2 is definitely not valid and against the law. So clause 1 arguable – but likely not to be valid. Clause 2 – 100% not valid. Also difficult for employer to enforce this – as employee may not have the money. If the plaintiff wish to resign now and give one month notice, and company does not agree, does it mean he must compensate company 3 month’s salary?
As above.If the plaintiff works until the contract finish, base on the contract, does he still need to compensate company 3 month’s salary as the work permit is not expired yet?
Seems to states o – but as stated above – clause may not be valid.If the company retrench the plaintiff due to economic issue, does the plaintiff need to compensate company 3 month’s salary?
Clause probably refers to employee resigning or employer terminating employee for misconduct etc – if contract is terminated without employee’s fault/involment – unlikely clause would come into play. But anyway, as stated above – may not be valid.
非常感谢你linsd
另外，我和公司的合同是 “ APPOINTMENT OF ASSISTANT OPERATION MANAGER” 作为 ASSISTANT OPERATION MANAGER 这个职位， 3年。
但是上个月，公司换我去做“ deputy business development manager”, 并出了公司letter给我有老板签字，我没有任何同意调动的文件或邮件。是不是就认为这个合同已经失效。
你的位置是 :”ASSISTANT OPERATION MANAGER” ?
那就有点问题。 请参考以下内容。
BTW， 为什么ASSISTANT OPERATION MANAGER 才给S Pass？ 我以为起码应该是 EP？
Who is covered by the Employment ActThe Employment Act covers every employee (regardless of nationality) who is under a contract of service with an employer, except:Any person employed in a managerial or executive positionAny seaman;Any domestic worker; andAny person employed by a Statutory Board or the Government.
Part IV of the Act, which provides for rest days, hours of work and other conditions of service, applies only to:Workmen earning not more than $4,500 basic monthly salaries andEmployees earning not more than $2,000 basic monthly salaries.
Managers & executivesManagers and executives are employees with executive or supervisory functions. These functions include the authority to influence or make decision on issues such as recruitment, discipline, termination of employment, assessment of performance and reward, or involvement in the formulation of strategies and policies of the enterprise, or the management and running of the business.They also include professionals with tertiary education and specialised knowledge/skills and whose employment terms are comparable to those of managers and executives. Professionals such as lawyers, accountants, dentists and doctors whose nature and terms of employment are comparable to executives would generally be deemed as such, and hence they would not be covered under the Act.Junior managers and executives earning $4,500 basic monthly salary and below are onlycovered partially on the basic payment of salary. All other provisions do not apply to them.
我的合同position是assistant op manager, 为期3年啊。
现在公司换我的position去deputy biz dvlp manager,工作内容都已经变了，那已经不是合同范围里的内容，而且我本人是不同意的。
关于准证问题，那是因为我学历只有双大专，这里只不认为是degree, 所以S P.