Termination Of Bond Agreement

A labour agreement is an agreement between the employer and the worker that stipulates that the worker must remain in the company after entering the company or after sending training for a specified minimum time. They also agree that, if he leaves before the agreed date, the worker must pay the employer a certain amount, the so-called lump sum damages, as compensation. For example, the employee agrees to stay in the company in exchange for the training received. 7. The company may terminate this contract in writing at any time before the expiry of the agreed period, with a period of one month. The company can terminate your contract at any time if you – In recent years, the courts have declared that many investment clauses are unenforceable, as this is a penalty and not compensation. Poor representation could be another defense. If the promised training, upgrading and training has never taken place, the employee cannot be expected to meet employment commitments. In Singapore, the Punitive Clauses Enforcement Act is largely based on the 1915 House of Lords decision in Dunlop Pneumatic Tyre Company against New Garage and Motor Company (1915) AC 79. Although more than a century old, this decision remains Singapore law and was passed in Xia Zhengyan against Geng Changqing [2015] 3 SLR 732. The decision specifies that if the contract provides for the lump sum payment of damages in the event of infringement, it is applicable if the amount of damages is a true forecast of the damage resulting from the breach (early termination) of the contract. 1. This (name of delegate) ________________________is named (name) ________ Often, these clauses stipulate that the employee must pay excessive amounts of money when he leaves the company during the commitment period.

Some of the links are also imposed when there has been no training, upgrading or continuing education. This is certainly unfair to employees who are being punished. For example, if the worker can prove that he or she signed the contract under duress or coercion, or that he or she did not understand the extent of the bond, this could be a successful defense against a right to occupational health and safety. The legality of loan clauses depends on the circumstances of each case. If the parties have freely and unconstrainedly agreed on a predetermined sum of money as an actual estimate of the damage, it may be valid and enforceable. However, if it is unilateral or unreasonable or if the amount is disproportionate to what has been invested in the employee, it is considered unenforceable. .

Author: Franck Pertegas

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