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Kent
nckeen@gmail.com
23/05/2009 11:07:21
Re: 合约疑问

I received an offer from Company A and have accepted the offer(signed job offer letter). 2 days before starting work at Company A, i received a more favourable offer from Company B. After much thought, i decided to go for Company B.

I gave a call to Company A and wished to terminate the offer. Company A
informed me that i shall pay them back ( 2 months of salary ) due the
damage that i have given to them.

In the offer letter from Comp A, it stated that

- I hereby undertake that subsequent to my acceptanceof this offer of employment, should I choose to revoke the same, I shall be liable to compensateand indemnify the Company with a payment of TWO (2) months' salary (at the monthly salary rate offered by the Company above
stated) as agreed liquidated damagesand the said amount shall be paid to the Company within SEVEN (il days from the date stated herein failing which the Company shall be entitled to hold me liable for all costs and expensesarising out of and in relation to its commencementof legal
proceedingsagainst me for the recovery of the same.

Yesterday i received the lawyer letter and to ask me to pay for the 2 months salary within 7 days. What should I do now? Must I pay for it? Please advice.

Thanks.


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KL Siew
kl_siew@yahoo.com
23/05/2009 15:38:42
It looks to me that the clause is quite clear - you must pay. You better consult a lawyer, show him the offer letter. Next time, don't simply sign.
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kent
nckeen@gmail.com
23/05/2009 17:07:49
谢谢你的回答。
但是我在网页上看到了和我类似的问题。
http://pesaraonline.net/chineseforum09/ParentDocCh.asp?DocID=110

虽然情况有点不一样,但是我们都是没看清楚就签了。
我想问的是,如果我没钱赔给他们的话,会有什么后果呢?因为我们这些打工的,当有更好的选择,当然会选好的咯。更何况我也有诚恳的打了电话请求他们取消这个合约的。

还有的就是,因为他们的offer letter里的条约也很苛刻,也有很多不合理。比如说工作时间是一个星期做51小时。
Monday to Friday: 9.00am- 7.00pm
Saturday:9.00am- 4.00pm

还有就是在合约里有说:
- Termination of employment during the probationary period can be effected by giving one (1) month notice, otherwise the previous and current month's salary would be forfeited. Failing to so, you will be liable to compensateand indemnify the Company with a payment of ONE (1) months' salary (at the monthly salary rate offered by the Company above stated) as agreed liquidated damagesand the said amount shall be paid to the Company within SEVEN (il days from the date stated herein failing which the Company shall be entitled to hold you liable for all costs and expensesarising out of and in relation to its commencement of legal proceedings against me for the recovery of the same。

我想问,如果我打过电话去给他们说我不要做这份工,这可以算是我自己resign without giving one month notices.然后就算要赔,也只赔给他们一个月薪水吗?

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KL Siew
23/05/2009 20:17:34
True, if you have reported for work and left without notice and make use of that clause to compensate with one month salary. The problem is you rejected the offer before reporting for work. I still think you better consult a lawyer or try to consult the government Legal Aids Bureau or Biro Bantuan Guaman for some free legal advice.
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kent
nckeen@gmail.com
23/05/2009 20:57:17
谢谢你的意见。
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lai
30/06/2009 16:28:15
Hi, I have a question about Contracts ?

I have been service in my company as a telecollector for more than 1 year, recently, my company invited me to sign a renewal contract, the hr said that this contract might be amended to one-year renewal contract.

Is this possible? pls advice me.
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