Jump to content
  • Sign Up Now!

     

    • Join in discussions about all the latest innovations in mobile phones, gadgets, computer, hardware, software and latest games.

     

     

  • Upcoming Events

    No upcoming events found
  • Chatbox

    Load More
    You don't have permission to chat.
  • Posts

    • Go see socials of the celebrations of 3rd place n Bruno assist trophies 🙊🙊 if my team was like that, i damn paiseh
    • Eventually, we might. The short term goal is to qualify for UCL consistently then we talk about progressing further and challenging for the league.   But we are definitely getting out of group stage And no one celebrated 3rd. But it’s a sign of progress considering the lowest slump we were in under Amorim.
    • Non-compete clauses and layoffs in Singapore | The Straits Times   https://www.straitstimes.com/singapore/jobs/askst-jobs-can-a-company-enforce-a-non-compete-on-me-after-laying-me-off   The *Straits Times* article (**"askST Jobs: Can a company enforce a non-compete clause after laying me off?"**) addresses a crucial question for retrenched workers in Singapore: *Can an employer stop you from joining a competitor if they were the ones who made you redundant?* National Trades Union Congress (NTUC) Assistant Secretary-General Patrick Tay and human resource experts break down your rights and legal standing:   ### 1. The Legal Baseline: "Void and Unenforceable" by Default Under Singapore employment law, non-compete clauses (legally classified as *restraint of trade* clauses) are **prima facie void and unenforceable** because they restrict a person’s ability to earn a living.   To successfully enforce a non-compete clause against a retrenched employee, the burden of proof lies entirely on the employer. They must prove two key things:    * **Legitimate Proprietary Interest:** The clause must protect actual company property, such as trade secrets, highly confidential business data, or deep client connections. It *cannot* simply be used to stop you from using general skills or industry know-how you gained on the job.    * **Reasonableness in Scope:** The restriction must be tightly tailored. It must be reasonable in its **geographical coverage**, its **duration** (typically not exceeding 6 to 12 months), and the specific **activities** it blocks.   > 💡 **The Retrenchment Factor:** If a company declares your role redundant and lays you off, they are effectively stating that they no longer require your services. Legal experts note that trying to enforce a blanket non-compete after firing or retrenching an employee is highly contradictory and much harder to defend in a Singapore court. >    ### 2. Guard Against "Offboarding" Traps A critical warning highlighted in the article is that **employees should never be asked to sign new or additional non-compete clauses during their exit or retrenchment exercise.**   If your employer slips a non-compete clause into your redundancy or separation package:    * **Do not sign it immediately.** Take time to review the terms. Once you sign an agreement, it becomes a legally binding contract, making it significantly harder to fight later.    * **Watch out for coercion.** Employers must give you sufficient time to consider the documents. They cannot pressure you with arbitrary, immediate deadlines.    * **Withholding salary is illegal.** Employers are absolutely **not entitled to withhold your salary**, encashed annual leave, or other statutory payments owed to you under the Employment Act to force you into signing a non-compete or separation agreement.   ### 3. Who is Exempted vs. Who is At Risk?    * **Low Risk of Enforceability:** If you are a rank-and-file employee or someone without direct access to sensitive trade secrets or high-level client accounts, a non-compete is almost entirely unenforceable. As Patrick Tay pointed out, if there is no legitimate proprietary interest to protect, the court will view the clause as an unfair barrier to your livelihood.    * **Higher Risk:** Non-compete clauses are usually only viable for senior management, key R&D personnel, or employees who essentially act as the "face of the company" to primary clients. Even then, the restriction cannot be a total industry ban.   ### 4. What Should You Do If Affected? If you are facing a layoff and are worried about a non-compete clause in your existing contract, or are being pressured to sign one during offboarding:    1. **Negotiate Exit Terms:** You or your union reps can actively negotiate to have the non-compete waived as part of your retrenchment package.    2. **Seek Free Legal Advice:** If you are an NTUC member, you can visit their legal clinics for basic advice on letters of demand, or access the NTUC legal assistance panel to find specialized lawyers.    3. **Escalate to Tripartite Bodies:** You can flag unfair or overly restrictive employment clauses to the **Tripartite Alliance for Fair and Progressive Employment Practices (TAFEP)** or the **Ministry of Manpower (MOM)**.   *Note: The Singapore government and its tripartite partners have actively tightened the parameters around these clauses, ensuring blanket restrictions do not penalize workers looking for new jobs in a volatile market.*
    • The one squatting can squat above my face and feed me her kaya toast farts   other one looks like wong kan seng + seah kian peng
×
×
  • Create New...

Important Information

Mugentech.net uses cookies to ensure you get the best experience on our website. By using this site you agree to Privacy Policy