Porker Turbocharged June 23, 2014 Share June 23, 2014 just wondering if sales job more sensitive? Can bring current clients to competitors once she jumps. IT software can be customized mah. Same as private banking. ↡ Advertisement Link to post Share on other sites More sharing options...
Darryn Turbocharged June 23, 2014 Share June 23, 2014 Such clauses basically unenforcable - especially for "rank and file" employees. Only if take some sort of special knowledge etc then can try... Basic position is that you can't stop someone from making a living. 1 Link to post Share on other sites More sharing options...
Wt_know Supersonic June 23, 2014 Share June 23, 2014 (edited) no worries la ... even bank staff (not small fry teller hor) manager or customer relationship move around from bank to bank ... aberthen? just wondering if sales job more sensitive? Edited June 23, 2014 by Wt_know Link to post Share on other sites More sharing options...
Kangadrool Supersonic June 23, 2014 Share June 23, 2014 Sales Manager should be quite "cunning" and very good to go around bushes.... How come need to come here to seek advice? I am sure even if the employer sue, it will go round and round and round and round and round and round and round...... Link to post Share on other sites More sharing options...
Wt_know Supersonic June 23, 2014 Share June 23, 2014 (edited) only when cannot hit sales target ... economy bad la ... weather bad la ... england team lost la ... etc Sales Manager should be quite "cunning" and very good to go around bushes.... How come need to come here to seek advice? I am sure even if the employer sue, it will go round and round and round and round and round and round and round...... Edited June 23, 2014 by Wt_know Link to post Share on other sites More sharing options...
SuPerBoRed Twincharged June 23, 2014 Share June 23, 2014 Question 1. Is restraint of trade enforceable in singapore? MOM website very ambiguous. YES 2. Is late payment of salary/CPF considered a breach of contract? hence making the contract null and void? NO - Unless stated so in the contract. From what i experienced.. it also depends alot about industry culture. As a general guide.. just ask yourself if 1- your clients are going to jump ship with you to the other firm? 2- is the amount big enough for old firm to sue you? 3- has the old firm invested a large sum in grooming ur friend? 4- is the new firm willing to stand-by new staff in face of new litigation? and crucially.. does old firm have any precedent of suing departed staff? 2 Link to post Share on other sites More sharing options...
Watwheels Supersonic June 23, 2014 Share June 23, 2014 (edited) I got see some ppl chut pattern before. Usually from suppliers side. Some are very coy. Say what retire, go market help relative sell sugarcane drinks which he did but after 6mths started work at rival company. LoL.... Got a few. Mostly go on a break, lay low for a while dan later pop up in rival company. Haha... It's like escape from prison or running from ah loong. I think the common excuses to leave the company are family problem or cite health problem, taking a break lah. Edited June 23, 2014 by Watwheels Link to post Share on other sites More sharing options...
Little_prince Supersonic June 23, 2014 Author Share June 23, 2014 From what i experienced.. it also depends alot about industry culture. As a general guide.. just ask yourself if 1- your clients are going to jump ship with you to the other firm? 2- is the amount big enough for old firm to sue you? 3- has the old firm invested a large sum in grooming ur friend? 4- is the new firm willing to stand-by new staff in face of new litigation? and crucially.. does old firm have any precedent of suing departed staff? yes and won before. that's why she so careful. http://www.singaporelaw.sg/sglaw/laws-of-singapore/case-law/free-law/high-court-judgments/13247-seacad-technologies-pte-ltd-v-tan-siew-meng-aaron-and-another-2007-sghc-192 Link to post Share on other sites More sharing options...
Jman888 Moderator June 23, 2014 Share June 23, 2014 yes and won before. that's why she so careful. http://www.singaporelaw.sg/sglaw/laws-of-singapore/case-law/free-law/high-court-judgments/13247-seacad-technologies-pte-ltd-v-tan-siew-meng-aaron-and-another-2007-sghc-192 i have a friend who was in one of the biggest software solution company jump over to another also one of the biggest, it is very hard to poach the clients over especially after they have invested millions. However, you can poach those that you approach previously but have yet to make a decision, i dun think there is a conflict in this case. 1 Link to post Share on other sites More sharing options...
Vhtfhwlego Supercharged June 23, 2014 Share June 23, 2014 hi guys. asking a question on behalf of a good friend of mind. background. - Sales manager in a coy dealing with IT products - Company late with salary on several occasions in the last yr. - was offered a role with a competitor with 30% up. - current contract clause restrict employment with all direct and indirect competitors for 1 year. Question 1. Is restraint of trade enforceable in singapore? MOM website very ambiguous. 2. Is late payment of salary/CPF considered a breach of contract? hence making the contract null and void? thanks in advance you can sue the carpenter but cannot take his tools away. all she needs to do is to prove that she cannot survive on late salary and also will be out of job if cannot join the telecommunication industry. Who feed her & her family? My whole company besides me left their last company to start this current one. Whole team got sued. Just 1 return lawyer letter from us and the other party backed off. I joined from another company which also got this clause. - Cannot join the same industry for 1 year. - Cannot poach the vendors, clients and potential clients. They paid me garden leave for 2 months + 1 month balance annual leave. During then, I cannot find job, I cannot do other "business" as I am official employed by company. Afterwhich, I am a free man. And if that one use this clause as "Potential clients", it is too wide spread as the company can deem anyone/company to be potential. For example, I target Shell as my "Potential client" which their competitors can also be my potential cilents. And companies/people dealing with Shell/Other oil major can be my potential cilents which can be even define as housewife pumping petrol at the petrol station. 2 Link to post Share on other sites More sharing options...
SuPerBoRed Twincharged June 23, 2014 Share June 23, 2014 yes and won before. that's why she so careful. http://www.singaporelaw.sg/sglaw/laws-of-singapore/case-law/free-law/high-court-judgments/13247-seacad-technologies-pte-ltd-v-tan-siew-meng-aaron-and-another-2007-sghc-192 That being the case.. seek lawyer's advice if she still wants to jump. (best is if lawyer is representing her and NOT the new company -: conflict of interests) Lawyer's can look at the merits of the case to ascertain if old company have case ... maybe even set a compensation amount etc If the new company will not go tru the court case with her... then strongly advise don't bother to jump.. 3 Link to post Share on other sites More sharing options...
Pusiwagon 2nd Gear June 23, 2014 Share June 23, 2014 Love to read all the comments from all our MCF bros who are self taught lawyers....... 1 Link to post Share on other sites More sharing options...
Little_prince Supersonic June 23, 2014 Author Share June 23, 2014 Love to read all the comments from all our MCF bros who are self taught lawyers....... you sound like you have a learned opinion to share bro? Link to post Share on other sites More sharing options...
Jman888 Moderator June 23, 2014 Share June 23, 2014 Love to read all the comments from all our MCF bros who are self taught lawyers....... dun play play, we have doctor, lawyer, judge and last but not least table wiper in this forum ok! 1 Link to post Share on other sites More sharing options...
Vhtfhwlego Supercharged June 23, 2014 Share June 23, 2014 Love to read all the comments from all our MCF bros who are self taught lawyers....... Then you got sue people or being sued because of this clause? Come and share, that's what forums are for. 2 Link to post Share on other sites More sharing options...
Pusiwagon 2nd Gear June 23, 2014 Share June 23, 2014 Of course I hv a learned opinion on this matter, but I seldom give free advice unfortunately. 2 Link to post Share on other sites More sharing options...
Lala81 Hypersonic June 23, 2014 Share June 23, 2014 @Little_prince. Do you have the link to the dentist case? Can't find it dun play play, we have doctor, lawyer, judge and last but not least table wiper in this forum ok! Lol who's the judge. Lawyer i also not very sure. Of course I hv a learned opinion on this matter, but I seldom give free advice unfortunately. lol. general advice also don't want to share then don't bother lor. 4 Link to post Share on other sites More sharing options...
Jman888 Moderator June 23, 2014 Share June 23, 2014 Of course I hv a learned opinion on this matter, but I seldom give free advice unfortunately. wah big deal!! ↡ Advertisement 2 Link to post Share on other sites More sharing options...
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