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Compensation if terminate position

trololol
Member
Fri, 16 May 2014 10:27:31 AM  (Last updated: Fri, 16 May 2014 06:45:05 PM)

Hi Sir/Madam,

Good day!

Am new in this forum and found wonderful information here. I need some advice and hope the people in the forum can help me.

I have this clause on an offer letter my brother recently received from a potential employer. According to the contract it is an apprentice program for a period of 36 months. 

"Termination of position

Within your apprentice program, you are able to terminate the agreement by providing three (3) months written notice. You will also be liable to pay monetary compensation for the amount of remaining period unserved in the program. However the company may terminate the agreement provided Three(3) month with written notice or three (3) month salary payment in-lieu of notice."

First of all, i think the notice period is kind of too long. Does the company allowed to request for notice up to 3 months?

Secondly is the compensation part. Is this even legal based on our country's EA? 

Thank you for your kind advice.

Best regards.

Trololol

KL Siew
Administrator
Fri, 16 May 2014 03:51:16 PM

The clause in the contract is valid if you accept the contract. So, think over it. The clause is not only applicable to you alone but also applicable to the employer.

trololol
Member
Fri, 16 May 2014 05:39:17 PM

Thank you Siew for your reply,

When you said that it is also applicable to the employer, it is the 3 months salary in-lieu of notice, am I correct? Not the compensation part if employer terminate early and have to pay the employee.

Best regards,

Trololol

KL Siew
Administrator
Fri, 16 May 2014 06:45:05 PM

I am not sure about the compensation part. No sum was mentioned. If you are not sure, clarify from the company before deciding whether to accept the job or not.

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