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Anonymous

12 Aug 2021

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Career

Is it legal for my boss to fire me without notice pay?

My boss is threatening to fire me without notice pay. is this even legal?

Discussion (2)

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Hi sorry to hear about the situation you are facing.

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Unfortunately, there are always errant companies with bosses with such toxic mentality. Ignore these companies and do not let them define who you are.

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Referring to your question, unless there is evidence for misconduct or a breach of the employment contract, it is is illegal for your boss to fire you without paying the collateral. If your boss does so, you may file a report to MOM to investigate.

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Before filing you may want to take a few notes:

  1. You need to record evidences, as formally ("black and white") as possible, that will support your claim that there was no misconduct or breach of the employment contract.
  2. Bridges will definitely be burned between you and the company. If there might be any possibility that you will like to enter a sister company or companies which share strong connections with this company, then as hard as it seems, you may want to reconsider your decision. From what I heard from small talks with my colleagues, some banks share a common HR system that will share information on their previous employees (_important _this is just a hearsay and passing remark and may be false. This is not a claim made by me and I bear no responsibility in the accuracy of this information). Therefore, these "alliances" do exist.
  3. Unfortunately, most companies will look for many ways to ensure that you will commit some offence to force you out of the company legally without paying the notice pay. Therefore, you might want to relook to see if there is any potential for these situations to happen and avoid it as much as possible.

Lastly, it is very disturbing to see that some companies still threaten workers in such a malicious manner. It is likely that you are not the first person that faced this situation in your company. Other workers who are afraid of the repercussions of reporting to MOM, may have led this company to assume they can do it to any worker.

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All things aside, do stay strong and healthy during this dark period. Do not let this incident define who you are and believe in yourself. Do reach out for support, we have a community here at Seedly that is always willing to extend our hands to support you.

Sorry to hear that. It's only legal if your employer has found you guilty of misconduct. Misconduct can include acts like insurbordination, theft, fraud, dishonesty, or causing disruption to the workplace.

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To be found guilty of misconduct, your employer must have held a formal inquiry with you. This inquiry process should have involved them presenting you with concrete evidence of the misconduct, and they must also have let you present your side of the case.

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The only legally permissible reason for dismissal without notice pay is misconduct. If your employer has not found you guilty of misconduct, or held a formal inquiry, then you can take action against them or illegal/unfair dismissal.

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Have a conversation with your employer about your situation. Why exactly are they threatening to terminate your employment without notice pay? Tell them that it is illegal to terminate you unless you have engaged in misconduct. You should show that you know your rights, and you will not hesitate to assert them.

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If your employer goes ahead with the termination and you feel you've been unfairly dismissed, you have some options:

  1. File a complaint with the TADM (Tripartite Alliance for Dispute Management). This is a labour rights organisation that helps mediate disputes between employees and employers. This is cheaper than hiring a lawyer. You may wish to approach the TADM first.
  2. Engage a lawyer to represent you

For more information, have a look at this complete guide on unfair dismissals.

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