MP14: Should it accept the offer?
Your friend Janet has worked for a local company (Company A) as IT Assistant for the past 3 years. As a permanent staff, it was the flexibility of working hours last year - during which she reported and left work an hour earlier. This is despite 4.1 clause in his contract (see Annex A). The agreement Janet privileged opportunity to study part-time for his degree in computer science. His gross monthly salary is $ 1,400.
Recently, Janet and her colleagues in the ministry were informed that their services were no longer necessary that their function is subcontracted to another company (Company B). Janet was asked by B Company signed a contract of one year service contract (see Annex B).
Adviser and evaluate various means of action available Janet.
Letter of Appointment (Annex A)
July 24, 2005
Miss Janet Tan
451 Ang Mo Kio Ave 5
# 02-05
Singapore 289853
Dear Miss Tan,
We are pleased to offer the post of IT Assistant in "ABC Pte Ltd" ( "Soci�t") on the following terms and conditions:
1 Date of commencement
1.1 Your job will begin on 1 August 2005
Your
1.2 probationary period will be six (6) months from the date of commencement. The Company May extend the probationary period in its sole discretion.
2 TREATMENT
2.1 from your basic monthly salary will be S $ 1200 / - per month.
2.2 Any premium or statements of bonus is made at the sole and absolute discretion of the Company. To determine the amount of the premium, the Company takes into consideration your job performance, among other factors.
2.3 Your performance will be reviewed periodically and the Company shall make adjustments to your salary as he wishes.
2.4 The Company is required to deduct from your salary and bonus are all that is allowed to deduct under the laws of Singapore, whether for your share of Central Provident Fund contributions, restraint the source or otherwise.
3 FUNCTIONS
Your duties as an IT Assistant are to take care of day-to-day support and troubleshooting of all software and hardware (desktops, laptops, printers, telephones, photocopiers), including providing technical support as follows:
- Conduct of hardware and software maintenance duties
- Troubleshoot and correct hardware / software and network problems
- To assist in the maintenance and operation of approx. 100 workstations
- Ensure that all daily tasks, including backups complete successfully
- Provides technical support telephone system
4 HOURS OF WORK
4.1 The Company official working hours are Monday to Friday, 9am to 6pm. You have a right to a lunch hour break every day.
4.2 You May be required to work beyond normal working hours to perform your duties provided before approval was obtained. You will be paid overtime in accordance with the law.
4.3 The Company reserves the right at its sole discretion, to revise, amend or extend working hours if the need arises.
5 ANNUAL LEAVE
In addition to the 5.1 officially holidays, you have the right to fourteen (14) days of paid annual leave at the end of one year of service from the date of confirmation of your job. Pro rata annual leave before the end of a year of service is at the sole discretion of the company.
5.2 During the trial period, you do not entitled to any leave.
5.3 You May defer all-used annual leave until next year. Anything leave at the end of the next calendar year is gained.
5.4 unpaid leave is granted at the sole discretion of the Company. The Company reserves the right to terminate your employment without notice if you are absent from work on leave without pay without the prior approval of the Company.
5.5 You are entitled to five (5) days compassionate leave per calendar year, upon completing the first year of service. D'approval to leave compassion are at the sole discretion of the company.
5.6 Any absence requests must be made in writing at least seven (7) days in advance and must be approved at the sole discretion of the Company.
6 SICK LEAVE
6.1 You must notify the Company and / or your immediate supervisor as soon as possible if you are unable to work for medical reasons. Such notice shall be given in the first four (4) hours of the workday.
6.2 You are required to provide, without request, a medical certificate in all cases where you are absent from work for medical reasons.
6.3 You have the right to fourteen (14) days of paid sick leave per calendar year, upon confirmation of your job. Sick leave during the probationary period must be approved at the sole discretion of the Company.
6.4 If you are a doctor hospitalized on a written order, you get until May to forty-six (46) additional days of paid sick leave per calendar year.
7 maternity and parental leave
7.1 You will be entitled to maternity leave as Singapore by the law. This leave is to be taken on doctor written orders. Maternity leave will be on a fully paid basis provided that the employee has served for at least one hundred and eighty (180) days before the first delivery.
7.2
an employee on leave because of a miscarriage or an abortion is considered normal for sick leave.
7.3
8
8.1 You are entitled to two (2) days of employer-paid parental leave per calendar year if you have children aged less than seven (7) this year.
OTHER BENEFITS
You will also be eligible for other benefits of the position of your existing business, through practice and can be modified at the sole discretion of the company.
8 AND TERMINATION NOTICE
8.1 During the trial period, either party May terminate the contract by giving one (1) day's notice is the equivalent of one (1) day's salary instead of notice.
8.2 Upon confirmation of your employment, either party May terminate the contract by giving one (1) month's notice or one (1) month's salary in lieu of notice.
8.3 The Company reserves the right not give grounds for dismissal.
8.4 The Company, however, has the right to give immediate notice before terminating your services if you're guilty of a failure, misconduct, negligence or breach of any terms of this letter of appointment.
8.5 Upon the termination of your employment you shall return to the Company all documents, records, articles and documents in your possession or custody belonging to the Company or its customers and you do not retain any copies (including including electronic or copies).
8.6 During your period of notice, you must submit all documents and materials relating to your work and ensure a smooth transition of your duties and responsibilities.
9
PRIVACY
9.1 You shall not disclose to any third party confidential information obtained during your course of employment, unless specifically authorized by the Company.
9.2 confidential information for the purposes of this contract includes and is not limited to trade secrets, business plans, strategies, financial information and any other information that will affect its competitive position.
9.3
9.4 You shall not without the prior written consent of the Company destroy, make copies, duplicate or reproduce in any form whatsoever Society confidential information.
10 APPLICABLE LAW
This letter of appointment must be governed and interpreted in accordance with the laws of Singapore.
please confirm your acceptance of these terms and conditions by signing and returning to us a copy of this letter within seven (7) days from the date of this letter.
Please accept
For and on behalf of
Company A Pte Ltd
Kia Tan Soo
Chief
______________________________________...
THE RECOGNITION OF EMPLOYEES
I agree and accept the above terms and conditions.
Signature: JTSL
Name: Janet Tan
Date: July 26, 2005
NRIC / Passport No: S17456321E
Letter of Appointment (Annex B)
July 25, 2008 Private and Confidential
Miss Janet Tan
451 Ang Mo Kio Ave 5
# 02-05
Singapore 289853
Dear Miss Tan,
SERVICE CONTRACT
1. Service
Company B ( "Soci�t") agrees to engage Janet Tan, NRIC No S17456321E
( "the Contractor") in order to provide the following services:
"To take care of day-to-day support and troubleshooting software and all
equipment (desktop computers, laptops, printers, telephones, photocopiers) society "
2. Term
The initial term of this contract is valid for a period of 1 year from the date of the contract, subject to renewal by the Company.
3. Fee
In return
contractor for the execution of the above service, the Company shall pay the contractor a monthly basic fee of $ 1500. This price includes transportation and mobile phone while expenditures perform the services mentioned above.
4. Advantages
The contractor will not be entitled to benefits enjoyed exclusively by the Company
employees.
5. Termination
During the initial period of three months from the date of entry into force of this agreement, each party may
terminate this contract by giving one day's notice. Thereafter, the contract in May
terminated by either party to a week's notice.
6. Equipment and supplies
The Company will provide a desk and a chair for the use of the contractor at a time
period each day. Contractor will be required to use its own computer and other necessary tools and
equipment necessary for carrying out the above service.
7. Privacy Information
You should not use or disclose trade secrets or confidential information
about the company or the finances of the company.
8. Laws
This agreement is governed by and must be interpreted in accordance with the laws of
Singapore.
9. Acceptance
please indicate acceptance of this contract by signing below and return
Company a copy within 7 days from the date of this letter.
Yours sincerely
For and on behalf of the company B
How
Lian Low
Director (human resources)
ACCEPTANCE
I
, Janet Tan, NRIC No.____________ have read and agreed to be bound by this contract
Service. The duration of the contract will begin on _______________.
Signature: ___________________
Date: ___________________
