Facing Unfair Termination in Singapore: How Should I Handle This Legally?

Hi all, On Tuesday, my employer terminated my contract during my probation period. He gave me the notice verbally. He refused to let me serve my notice period and proposed that I finish the week or leave immediately. I didn't commit any fault or misconduct; he just realized that I wasn't key for his company. On the spot, I said that it was unfair and told him that I'm going to finish the week and leave.

This morning, I wanted to talk to him again to have my notice period served or paid, but he wasn't available. This afternoon, he sent an email to all my colleagues saying that my last day was on Friday. I have not received any written termination notification, and my contract clearly mentions that there is a 1-month notice period during the probation period. I was very uncomfortable in front of my colleagues.

Seeking Legal Advice

What can I do? Do I need a lawyer? If I have to go for litigation, how long is it going to take to have my money paid?

You should write an email to him explaining that you did not resign to keep the records in case of any dispute action.

You could very well approach him or the HR person and ask them to clear all your dues. As it is mentioned in your contract papers, you are eligible for it. There is nothing to feel bad about getting terminated as it has become a way of life today. Sacking people has become the easiest means of showing profit by the organization. So don't think you are not good at your work; it is they who are not able to manage to retain the people they have recruited. If you are good, nothing can stop you from getting a good job. All the very best.

Regards,
Anita

Please check the terms and conditions of the contract. If he has not complied with the employment contract and the laws of Singapore, please consult a lawyer immediately.

Regards,

Understanding Your Rights in Termination Situations

If your contract of service clearly states a one-month notice period, then the company must give you one month's notice or pay you one month in lieu of notice. See your HR or email your boss (referencing the conversation about terminating you) to clarify:

a) The termination: Get him to confirm in black and white.

b) When he wants you to work until.

c) Final payment of salary, including pay in lieu of notice.

d) Any other payments, such as earned annual leaves, etc.

He can, instead of paying you notice in lieu, ask you to work until the last day. In this case, he must issue a letter of termination clearly stating the notice of termination and your official last day. In a termination case, you are eligible for pay until the very last day of the required notice, regardless of whether the company wants you to work or not.

It is costly to engage a lawyer in Singapore. Depending on your salary and level—lower manager, manager, or senior manager—and contract with the company, if you find that the contract is not fulfilled, go to the Ministry of Manpower for advice. They may arrange a meeting with your company and yourself to look into the legal aspect and ensure all parties abide by the agreed contract. If not, then the parties not abiding by the contract can be brought to the Labour court.

Hope this helps.

Are you covered by the Employment Act? If you are unsure, please call [Phone Number Removed For Privacy Reasons]. This is the Ministry of Manpower Hotline. You may speak with the officer in charge and pursue the case in the labor court! Hope this helps.

Regards,
Ruku

Please cross-check the probation clause of your appointment letter, if any. In our company's offer letter, we clearly mention the clause: "You will be on probation for an initial period of six months w.e.f from your d.o.j. If necessary, your probation may be further extended at the direction of the management. During the period of probation, your services are liable to be terminated without any notice and without any payment in lieu of notice and also without assigning any reasons."

So, just cross-check whether the same kind of clause is there in your appointment letter or not?

Thanks/Regards,
Ratikanta Rath