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"Forced" resignation

Raj
Member
Wed, 15 Feb 2012 10:07:48 PM  (Last updated: Thu, 16 Feb 2012 08:42:58 PM)

My wife started working at a company on 8/2/12 and signed her employment contract on that date. The termination clause of the contract states that:

"Either party is required to serve ninety (90) days notice or three (3) months salary in lieu of such notice during the probation period. After confirmation, the termination notice period is ninety (90) days or three (3) months salary in lieu of such notice is required".

For some strange reason, after working for 5 days, the company MD tells my wife that it's not working out and asks her to submit her resignation immediately.  He also says that the company will compensate her with one weeks salary.  My wife tried to discuss the matter, but it was obvious that the MD was not interested in any discussion.  My wife then complied with his request and submitted her resignation letter.  I feel she shouldn't have done so, but perhaps she wasn't fully aware of her rights under the contract or maybe she was in shock at the sudden event.

Would appreciate if anyone could offer any advice on the matter.  Is there any avenue for legal action under this case of "forced" resignation?  Would my wife be eligible for 3 months salary if the MD had terminated her with immediate effect and perhaps that's the reason why he made her submit her resignation instead of firing her for no valid reason?

Thank you in advance.

KL Siew
Administrator
Thu, 16 Feb 2012 08:42:58 PM

I agree with you that your wife shouldn't have done without seek advice, especially your advice, first. I don't have any constructive advice. You can consult the Industrial Relations Department see whether you can some useful advice.

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