1) What will happen if I didn’t turn up for work on the first day? Do I have to compensate them? I have signed a contract with Company A (Recruitment company) to work in Company B, and in the contract there is a clause “If you start work on the stipulated commencement date without the prior approval of our Client and without our prior approval, you are liable to pay Company A liquated damages equivalent to $XXX amount or one month’s salary as compensation for our losses incurred in hiring and recruiting you, and finding another suitable staff to replace you.”. However, on MOM’s website it state that “If a new recruit has signed the letter of employment but subsequently informed the employer that he does not intend to start work with the company and failed to turn up on his first day of work, the Employment Act does not apply as the employer-employee relationship has not started.”
You are right to say that Employer-employee relationship has not started between the Company B and you, and you would not need to compensate Company B.
However, you have signed a contract with Company A (the recruitment company) which may demand a compensation from you through legal means. It is advisable for you to inform Company A and B before you initial commencement date.
2) During probation period, do I have to give the company advance notice if I would like to leave? Does it differ if this clause “Either party reserves the right to terminate this Contract of Service during the probationary period by serving two weeks’ notice in writing or paying two weeks’ salary in lieu of the notice.” is in the contract ?
Yes, you have to give the company advance notice if you would like to leave during probation period.
In all contract of service, employee has to give notice, in writing, of terminating the employment during the probation period, either by serving the required notice of 2 weeks or by paying the 2 weeks’ salary in lieu of notice.
3) In the contract, there are clauses such as “You shall serve a probation of 3 months from the date of commencement of your employment after which you may be confirmed if your performance is satisfactory. However, this probation period may be extended or shortened at the absolute discretion of the company.” and “Either party reserves the right to terminate this Contract of Service during the probationary period by serving two weeks’ notice in writing or paying two weeks’ salary in lieu of the notice.”
(i) Does the company has the right to extend the probation period? If they do, must they tell us the reason for the unsatisfactory?
(ii) After three months, the company didn’t confirm the employee nor extend the probation period, can the employee resign immediate without give any notice? How long should a reasonable probation period and an extended probation period be?
(i) Yes, the company reserves the right to extend the probation period after review your performance with you. Employer shall share the unsatisfactory performance for the employee to improve.
(ii) Before you make any rash decision to resign without immediate without giving any notice (which is irresponsible and wrong), please take the initiative to read your employment letter (for some companies practice auto confirmation if no extension of probation period). Also, do fetch for HR or your department manager to understand whether your probation is confirmed or extended. Should you not be confirmed, you have to serve the notice period as stipulated at the Contract of Service. Should you be a confirmed employee and wanted to resign, you have to serve the notice period as a confirmed employee.
4) I started my first day of work on 03 January 2013 (Thursday), but I was told NOT to come for work on 04 January 2013 (Friday) by my supervisor. Because I didn’t have the access to the system, thus there will be nothing much for me to do. The contact didn’t state about this situation. Is this an unpaid leave or paid leave? Does it differ if I have told the Recruitment company (Company A) that it is all right for them (Company B) not to pay me, even though I say it out of courtesy and don’t really mean it?
You may want to enquire whether 04 January 2013 will be considered as a paid or unpaid leave as it is initiated by the Company B. Based on the minimal information gathered here, it appeared that the company may treat that as a No Pay working day as you were told not to report to work during your probationary period. As the instruction is from your supervisor, it will differ if you initiate the Company not to pay you.
5) Am I entitled to a Paid leave for 01 January 2013, even though I start work on 03 January 2013 and is under 3 months contract?
It depends on the Employment Commencement Date stated at you Employment Letter.
