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Termination of contract by foreign worker

afa12
Member
Wed, 05 Feb 2020 09:41:58 AM  (Last updated: Thu, 06 Feb 2020 12:38:03 PM)

Hi...

Good day!

I have a foreign worker who is contracted for 3 years with to company but decided that he wanted to leave after 2 years. I read his contract cum appointment letter, for the Termination section it is only stated as follows:

"In the event the Worker intends to terminate this Contract of Employment, the Worker shall give two (2) months’ notice or indemnify two (2) months’ wages in lieu thereof to the Employer and the Worker shall bear the cost of air fare to ....."

My question is does he need to pay any fine if he gave 2 months' notice in writing? 

Thank you.

Rgds,

Afa

KL Siew
Administrator
Wed, 05 Feb 2020 01:04:47 PM

You will have to go through the contract again see whether there is anything about fine. A contract goes according to the terms and conditions stated in there.

ShzwnyShahdan
Member
Thu, 06 Feb 2020 12:38:03 PM

Hye afa12,

Mr Siew is correct where you need to go through the contract to find any clauses that mentioned about 'fine'.

But if looking at the termination clause that you had stated, he is considered to have complied with the terms if he gives 2 months notice in writing and dont need to pay/indemnify 2 months' wages.

(nienasya@hotmail.com)

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