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Termination Without Notice

Janice Lee
Sun, 13 May 2012 10:48:16 PM  (Last updated: Mon, 14 May 2012 05:36:23 PM)

Hi Admin,

I just joined a company & was bonded with a one-year minimum service contract. According to the contract, if I would tender my resignation before the 1-year service send, I will need to reimburse 3 months salary to the company as compensation.

In the 'Termination Without Notice' Term, there written:

''The company reserves the right to terminate you without notice if you become prohibited by law from taking up employment.

 You are deemed to have broken your contract of service and this aapointment shall determine fortwith if you are absent for three consecutive days without any reasonable or proper explanation.''

May I know what does this actually means? is it meanings that if I MIA for 3 days without any reasonable explanations then the co can terminate me without giving any notice? Then do I still need to pay the 3 months salary compensation?

Thank you for your advise.

KL Siew
Mon, 14 May 2012 05:36:23 PM

Yes, you still have to pay. Otherwise, the notice will meaningless. The following is Section 15 of the Employment Act:

15. When contract is deemed to be broken by employer and employee.

(1) An employer shall be deemed to have broken his contract of service with the employee if he fails to pay wages in accordance with Part III,

(2) An employee shall be deemed to have broken his contract of service with the employer if he has been continuously absent from work for more than two consecutive working days without prior leave from his employer, unless he has a reasonable excuse for such absence and has informed or attempted to inform his employer of such excuse prior to or at the earliest opportunity during such absence.

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