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Direct answers to common legal questions, followed by the context you need to understand what comes next.
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Disputes
The first stage in resolving a contract dispute is typically to review the contractual terms and attempt to resolve the disagreement through direct negotiation.
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If you resign without serving your notice period, you are required to pay your employer compensation in lieu of notice that is equivalent to the salary you would have earned during that period.
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No, an employer cannot legally refuse a valid resignation under the Employment Act, provided you have given the required notice or offered to pay salary in lieu of notice.
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If your employer terminates you without notice, they must pay you compensation in lieu of notice, equal to the salary you would have earned during the notice period stated in your contract or under the Employment Act.
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Unless your employment contract specifies a longer period, the Employment Act sets minimum notice periods based on length of service: 1 day for less than 26 weeks of service, 1 week for 26 weeks to 2 years, 2 weeks for 2 to 5 years, and 4 weeks for more than 5 years of service.
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Non-payment of salary is an offence under the Employment Act, and an employer who fails to pay can be fined between S$3,000 and S$15,000, jailed for up to 6 months, or both, with penalties doubled for repeat offenders.
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To claim unpaid salary, you first submit a claim to the Tripartite Alliance for Dispute Management (TADM) for mediation; if mediation fails, TADM issues a claim referral certificate that allows you to file your claim at the Employment Claims Tribunal (ECT).
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The Employment Claims Tribunal can hear salary-related and wrongful dismissal claims up to S$20,000, or up to S$30,000 if you went through mediation assisted by TADM or a recognised union.
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Former employees generally have 6 months from their last day of employment to file a salary-related claim with TADM, while employees who are still employed can file within 1 year of the dispute arising.
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Yes, an employer may legally terminate your employment while you are on medical leave, but they cannot dismiss you simply because you exercised your statutory entitlement to sick leave.
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A dismissal is considered wrongful when it is carried out for reasons unrelated to misconduct or poor performance, such as discrimination, retaliation for filing a complaint, or without following a fair process, or when an employer dresses up a retrenchment as a performance-based termination to avoid paying benefits.
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Dismissing an employee while she is on maternity leave, or dismissing her without sufficient cause shortly before or during pregnancy, is generally prohibited, and an employer usually needs the Ministry of Manpower's prior approval to retrench a pregnant employee.
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