1. Under the Employment Act (Chapter 91), all employees under a contract of service with an employer are covered. An employee is defined as a person who has entered into or works under a contract of service and includes a workman.
Restraint of trade clauses are common clauses which governs various commercial relationships. It is frequently deployed in employment contracts to restrain key employees of the company from competing with the company during and after the period of employment. Restraint of trade clauses are typically in the form of non-compete or non-solicitation clauses.
Both employer and employees have the right to contractually terminate their relationship, however, incidents have occurred wherein an employee feels that he has been wrongfully dismissed. In this article, we will discuss dismissals, the validity of dismissals and the options an employee has should such a situation arise.
What is an Employment Contract?
An employment contract is in essence, an agreement of a contract of service between a company and its potential employee. This agreement can be made in writing or verbally. The terms of the agreement may also be express or implied. Both parties must enter into the contract voluntarily.
This article aims to provide an overall guide as to common terms and obligations imposed on landlords and tenants.
It ought to be noted that whilst landlords and tenants may contract as they wish, and negotiate on any term in the tenancy agreement, there are some common terms found in most tenancy agreements. These shall be explored and explained further below.
A well-drafted contract can often prevent or resolve a dispute before the parties take their dispute to court. But when both parties cannot resolve their issues, and resort to litigation, it is important to understand the rules governing the breach of contract claim.
While some breaches are avoidable with detailed negotiations and well-drafted document, others are not. Poorly drafted documents and oral contracts frequently lead to disputes. It is always in your best interest to draft clear and comprehensive written contracts.
A contract is a legal document that binds at least two parties to one another and requires them to meet certain obligations detailed in that contract. In some instances, a contract may be terminated making it void from any legal binding. Often, the contract may be prematurely terminated by parties involved.
Generally, for an aggrieved person to have a right to terminate a contract, the offending party must have breached a term of the contract that is considered a condition as opposed to a warranty.
For Singapore businesses, engaging a lawyer is always a good idea especially if a matter involves a substantial amount of money or involves substantial risks.
For example, if you are about to enter into a large contract it may cost you far less to engage a lawyer to draft/review the agreement and advise you than failing to do so. Sadly, a lot of people that we come across, have ended up getting caught in a bad deal.
One example is when a business contract is no longer valid.