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Contract End Date with Condition to Extend or Shorten

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tauruspt915


Arresto Menor
My Manager called me while in my assignment here in Singapore. I am here for a 1 year as they call DEVELOPMENTAL ASSIGNMENT wherein they document the deployment as TRAINING. Wherein fact we are doing actual works on our own for our Singapore Office.

This particular Manager knows that I do not want this assignment even before they deployed me. Now this Manager called me upon completion of my 1st month that my assignment will be extended for another year....Imagine, on the 1st month of my 12 months assignment I was told that this is extended.

I asked this Manager on what grounds....I was answered  on business needs....

Contract says: This assignment is effective March 15,2013 and will last for a year, however business situations can arise which can cause to cancel or extend the assignment...

Is this an abuse of the Contract Condition? In my understanding during the my reading of the term, extensions may only means few weeks or months.....but not 1 year....

They are doing this to all of the employees who are being sent for other countries....kind of a strategy....because I believe I would not sign an assignment that will keep me away from my family for 2 years.

I need your advice.
Thanks in advance

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Lunkan


Reclusion Perpetua
tauruspt915 wrote:Contract says: This assignment is effective March 15,2013 and will last for a year, however business situations can arise which can cause to cancel or extend the assignment...

Is this an abuse of the Contract Condition? In my understanding during the my reading of the term, extensions may only means few weeks or months.....but not 1 year....

They are doing this to all of the employees who are being sent for other countries....kind of a strategy....
Well. I don't know if Philippine law say something else, but in general:
Extensions can be years too.

It's obviously an abuse,
BUT it isn't sure you will winn a case in court anyway, can never know what judges do, "small people" are often beaten by strong companies even when that's wrong,
BUT biger chance to winn the more of the fooled employed get a case TOGETHER SHOWING the company have made a strategy of it, making it harder for the company to be allowed to use the extension rule, specialy if there are employed from DIFFERENT periods fighting in the SAME case, because then  it's obvious the company knew it BEFORE they signed the contracts with the later ones...

It's an other question if it's a good idea to start such fights. It can make it harder to get new employments later, many employers talk to earlier employers before employing new staff...
The GOOD employers - as I  Smile  - don't bother,
but even EMPLOYED deciders in GOOD companies can be scared to employ people who dare to fight even big companies  Sad

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tauruspt915


Arresto Menor
Lunkan,

Thanks for your reply. I believe this was advised by a good Lawyer to them, that nothing in the Law prohibits them to enforce such Conditions.

Cheers.

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tauruspt915


Arresto Menor
They do actually this to all of my colleagues whom they send to different countries not only to my country of assignment. Is this an unfair labor practise case?

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HR Adviser


Reclusion Perpetua
If I were your HR, and you file a case against the company (the best case you could file is constructive dismissal), I'd simply present your contract to the labor arbiter that it is stipulated in your contract that you may be extended and since it wasn't written as to when it will be extended, I will argue that it can be presumed in months or years. Also, I would argue that the extension is done in good faith since Singapore is a good country and it has higher currency equivalent that make your salary higher. Not to mention that prior to your assignment, you are given a contract ad you have AGREED with it.

If I were you, I will just arrange a graceful exit to your HR if you don't want to extend in Singapore for 2 years.

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HR Adviser


Reclusion Perpetua
PS. I don't believe that it is an unfair labor practice based on your statement.

1. You are based in Singapore which is a good country plus higher currency equivalent
2. You are given contract prior to your deployment which means the company has been transparent from the beginning
3. The extension is for business need. That means that the company is considering you as an asset since it wants you to stay in such progressive country for quiet sometime

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tauruspt915


Arresto Menor
HR Adviser,

Thanks for your reply. Sometimes these companies think that providing more currency would think that they provided well for the employee. It is the money huh? Sometimes you can be earning more in the Phils, because you can be able to have some other business on your time..

Being away from our family is a different story. And I know not everyone has experienced it.

I agree with you with an exit....but I do not agree with the monetary thing.

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HR Adviser


Reclusion Perpetua
I'm not asking you to agree or disagree with me. I'm simply stating what would be your company's argument if ever you'll file a case against them.



Goodluck Smile

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tauruspt915


Arresto Menor
HR Adviser,

FOr Example you are my lawyer, how are we going to go against this argument? I will add on the details for you.
1. The contract never revealed the true intention of our stay. We are told to be a support engineer to the local office but the truth is that we end to be the frontliner for this office to cater services in and aroung Singapore, including Malaysia.In areas where exposire to chemicals and frequent travels.

2. That the contract they use is a generic template.

3. That the contract is onerous, favorably to the company. Has employees do not have right for his self refernece? I am satisfied with my salary in the Phils, I do not need the extra per diem.

4. The contract was made for me to be signed a week before the deployment wherein I was retracting but I was threathened to be breaching the employment contract that I signed wherein I should make myself available for deployment for training within the 2 years which covers the day I was forced to sign. (BUT this is not training. I am serving the orders of clients for service needs)

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HR Adviser


Reclusion Perpetua
Tauruspt915

Im not a lawyer but if I were your friend, I'd review your contact and try to see if you could file for breech of contract

Smile

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tauruspt915


Arresto Menor
Hi Hr Adviser,

Thanks for the response

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Lunkan


Reclusion Perpetua
HR Adviser wrote:
3. The extension is for business need. That means that the company is considering you as an asset since it wants you to stay in such progressive country for quiet sometime
Yes, BUT it isn't corect to EXTEND it as they did. They did sure know it BEFORE they gave the ONE year contract...

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tauruspt915


Arresto Menor


Hi Lunkan,

Thanks for the response. Our contract contains a lot of generalized terms which I believe designed to favor only one side.

This is a lesson I will never forget, to sign a contract without even consulting a lawyer or anyone who knows about contracting law.

I am very thankful to the organizer of this forum because it educates readers to be more intellectual with dealing with contracts.





















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