Chitchat The minimum must work X mths law

[sbfuncle]

Some dirty job requires desperate candidates to sign on dotted lines by dirty agencies that minimum must work for X number of months else compensate $.

If the employee dislike the job, and they are binded by this clause, can't they just report to work late, go for long long lunch and long smoke breaks and Mia take mc etc.
The most the company can do to them is to fire them, which is what they wanted.

So why do some people compensate money to these dirty agencies in order to leave? And why do dirty agencies still need people to sign on such useless clause?

 

[sbfuncle]

Same for the giving 1 month notice law upon resignation.
The employee can also take mc, and go work late late etc. So why would a company have this need to serve notice else compensate $ law?

 

[sbfuncle]

Can samsters that had experienced such thing enlighten me on this?
Becos to me this kind of law actually benefit the employees more than the employers, as employer will still need to keep them on the payroll even they choot pattern.

 

[Scrooball (clone)]

If the employee dislike the job, and they are binded by this clause, can't they just report to work late, go for long long lunch and long smoke breaks and Mia take mc etc.
The most the company can do to them is to fire them, which is what they wanted.

Depends on the type of career path u have.

If you do F&B server, nobody cares if you were fired.

 

[sbfuncle]

Depends on the type of career path u have.

If you do F&B server, nobody cares if you were fired.

Plenty of dirty agencies offering and pushing desperate job seekers into taking up low end low paying jobs and trying to bind them with compensation clause.
And I know of some people who actually really compensated the agencies in order to leave after they found the job to be shitty

 

[sbfuncle]

Some companies also will make the employee sign a bond after they send them for some trainings, with the investment on them as the reason.
Driving centres make their driving instructor sign a min 1 year commitment bond.
The thing is - does this even make sense to the company?
The employee, in this case the unhappy bonded driving instructor, can drive the car and crash it on purpose

 

[Scrooball (clone)]

What’s your choice? If you are desperate and got family to feed, you lan lan tolerate right?

 

[NanoSpeed]

The answer lies in the contract between employer and agency.

The employer will not pay the agency if employee did not complete the minimum period.

Otherwise, it's easy for agency to scam the employer. Just find any Tom, Dick and your cousin to report work for one month, scam the employer for commission, then cabut and move to second employer.

 

[sbfuncle]

The answer lies in the contract between employer and agency.

The employer will not pay the agency if employee did not complete the minimum period.

Otherwise, it's easy for agency to scam the employer. Just find any Tom, Dick and your cousin to report work for one month, scam the employer for commission, then cabut and move to second employer.

That is the reason that the agency wants to force the employee to go to work so that the agency can get paid. But when the disgruntled employee dislike the job and he choot pattern, the employer will tell agency limpe don't want this worker anymore.
And my question is why should anyone so stupid go and pay the agency $ to leave, when they dislike the job ? Just choot pattern and get kick out mah.
Hence the agency come out with this clause also no use de woh. Unless they think that there are many honest people out there that will really compensate them $.

 

[NanoSpeed]

That is the reason that the agency wants to force the employee to go to work so that the agency can get paid. But when the disgruntled employee dislike the job and he choot pattern, the employer will tell agency limpe don't want this worker anymore.
And my question is why should anyone so stupid go and pay the agency $ to leave, when they dislike the job ? Just choot pattern and get kick out mah.
Hence the agency come out with this clause also no use de woh. Unless they think that there are many honest people out there that will really compensate them $.

At least the agency has a breach of contract cause of action against the employee.

 

[sbfuncle]

At least the agency has a breach of contract cause of action against the employee.

The contract only will state the employee need to commit x period there. Means they only cannot resign.
There is no law that can allow them to charge the employee if they are being fired.

 

[NanoSpeed]

The contract only will state the employee need to commit x period there. Means they only cannot resign.
There is no law that can allow them to charge the employee if they are being fired.

It's basic law of contract. You breached the contract, they have every right to sue you. The difficult part is proving the damage.

If you are fired, and you acted in such a way as to invite the employer to fire you, you are considered having self-repudiated the contract.

 

[sbfuncle]

It's basic law of contract. You breached the contract, they have every right to sue you. The difficult part is proving the damage.

You go 2 hrs late to work. Go 3 hrs lunch. Pangsai 1 hr. Take mc. Is not breach contract right? You did report to work according to the contract.
There is also no such thing as fine for going late for work too.
Employee will stand to gain in this kind of situation.

 

[NanoSpeed]

You go 2 hrs late to work. Go 3 hrs lunch. Pangsai 1 hr. Take mc. Is not breach contract right? You did report to work according to the contract.
There is also nonsuch thing as fine for going late for work.

Read my edited post again.

 

[sbfuncle]

It's basic law of contract. You breached the contract, they have every right to sue you. The difficult part is proving the damage.

If you are fired, and you acted in such a way as to invite the employer to fire you, you are considered having self-repudiated the contract.

I don't think so this is a chargeable lor. Eg Who can say u cannot fall sick? Bus cannot jam? Buy lunch queue up long Etc
Even typical workers not in this discusssion also choot many patterns.
You just choot double triple of theirs only.
If the employer don't fire you, you still get paid.

 

[NanoSpeed]

I don't think so this is a chargeable lor. Eg Who can say u cannot fall sick? Bus cannot jam? Buy lunch queue up long Etc
Even typical workers not in this discusssion also choot many patterns.

You must not mix up the substantive law, in this case contract law, with the evidence that supports the law.

Whether the employer has the right to sue you is a matter of law ; whether they have sufficient evidence to sue you is a question of fact.

A question of fact is unique in each case; a question of law is consistent in every case.

 

[sbfuncle]

You must not mix up the substantive law, in this case contract law, with the evidence that supports the law.

Whether the employer has the right to sue you is a matter of law ; whether they have sufficient evidence to sue you is a question of fact.

A question of fact is unique in each case; a question of law is consistent in every case.

Understand what you mean.
But is not applicable in real life situation.
This law is only to Phua hung.
So those teo hung ones will abide it.

 

[NanoSpeed]

Understand what you mean.
But is not applicable in real life situation.
This law is only to Phua hung.
So those teo hung ones will abide it.

No, you don't understand.

You are interpreting a question of law with a question of fact.

 

[sbfuncle]

No, you don't understand.

I don't think any agencies has ever sued a employee who committed this successfully.
Unless they left abruptly or didn't report to work at all or worse joined another company during this period.

 

[sbfuncle]

No, you don't understand.

You are interpreting a question of law with a question of fact.

In the case of a driving instructor, he purposely drive and crash the vehicle, then get fired, in order to leave without having to pay the driving centre $ to leave.
How the court charge him? Company Lawyer say he did on purpose, he said no I not enough sleep. Case close. Lawyer/prosecutor suck thumb.