"Notice of termination of contract
10. —(1) Either party to a contract of service may at any time give to the other party notice of his intention to terminate the contract of service.
(2) The length of such notice shall be the same for both employer and employee and shall be determined by any provision made for the notice in the terms of the contract of service, or, in the absence of such provision, shall be in accordance with subsection (3).
(3) The notice to terminate the service of a person who is employed under a contract of service shall be not less than —
(a) one day’s notice if he has been so employed for less than 26 weeks;
(b) one week’s notice if he has been so employed for 26 weeks or more but less than 2 years;
(c) 2 week’s notice if he has been so employed for 2 years or more but less than 5 years; and
(d) 4 weeks’ notice if he has been so employed for 5 years or more.
(4) This section shall not be taken to prevent either party from waiving his right to notice on any occasion.
(5) Such notice shall be written and may be given at any time, and the day on which the notice is given shall be included in the period of the notice."
放到这个case的情况来看,可以有以下结论:
(a) 根据10(1),他的合同第一条是站不住的,双方在任何任何时候都可以提出解约。
(b) 根据10(2),Jenny的notice period 和他老板应该是一样的。如果他当时结束了试用期,则需要给1个月notice,否则就是1天就可以。
(c) 问题的关键在于, Jenny是否属于这一款条文所提到的"Employee"的范畴(他老板必然是Employer)。如果他是,根据上两条的推论,Jenny应该没有事情;如果不是,Jenny可能面临一定的麻烦。下个section将讨论employee的问题。
(B) 关于Employee
根据Employment Act 的原文:
""employee" means a person who has entered into or works under a contract of service with an employer and includes a workman, and any officer or employee of the Government included in a category, class or description of such officers or employees declared by the President to be employees for the purposes of this Act or any provision thereof, but does not include —
(a) any seaman;
(b) any domestic worker;
(c) subject to subsection (2), any person employed in a managerial or an executive position; and
(d) any person belonging to any other class of persons whom the Minister may, from time to time by notification in the Gazette, declare not to be employees for the purposes of this Act;"
“11. —(1) Either party to a contract of service may terminate the contract of service without notice or, if notice has already been given in accordance with section 10, without waiting for the expiry of that notice, by paying to the other party a sum equal to the amount of salary at the gross rate of pay which would have accrued to the employee during the period of the notice and in the case of a monthly-rated employee where the period of the notice is less than a month, the amount payable for any one day shall be the gross rate of pay for one day’s work.”
简单来说,雇佣协议双方可以在不给出notice,或等待notice period 结束的,通过支付与notice period时间相等的薪水来终止合同。