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Constructive Dismissal Letter for Singapore

Constructive Dismissal Letter Template for Singapore

A Constructive Dismissal Letter is a formal document used in Singapore employment law when an employee resigns due to their employer's conduct that amounts to a fundamental breach of the employment contract. The letter documents the circumstances leading to the constructive dismissal claim, including specific breaches of contract, timeline of events, and previous attempts at resolution. It must comply with Singapore's Employment Act and related legislation, and serves as a crucial document for potential proceedings before the Employment Claims Tribunals.

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Constructive Dismissal Letter

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What is a Constructive Dismissal Letter?

The Constructive Dismissal Letter is a critical document used when an employee is forced to resign due to their employer's serious breach of employment contract terms. Under Singapore law, this document must clearly establish the fundamental breach that has occurred, providing specific examples and a timeline of events. The letter serves multiple purposes: it formally notifies the employer of the constructive dismissal claim, preserves the employee's legal rights, and creates a documented record for potential proceedings before the Employment Claims Tribunals. It should include references to relevant sections of the Employment Act and Tripartite Guidelines on Wrongful Dismissal, and detail all attempts made to resolve the situation prior to resignation.

What sections should be included in a Constructive Dismissal Letter?

1. Recipient Details: Full name, position, and address of the employer

2. Date of Letter: Current date and effective date of resignation

3. Subject Line: Clear indication this is a constructive dismissal resignation

4. Employment Details: Position held, duration of employment, and reporting structure

5. Breach Description: Detailed explanation of employer's fundamental breach of contract

6. Timeline of Events: Chronological listing of relevant events leading to constructive dismissal

7. Previous Resolution Attempts: Documentation of attempts to resolve the situation internally

8. Notice Period: Statement regarding notice period and last working day

What sections are optional to include in a Constructive Dismissal Letter?

1. Workplace Safety Issues: Details of safety violations or concerns that contributed to the constructive dismissal situation

2. Harassment Claims: Documentation of workplace harassment instances that factored into the constructive dismissal

3. Union Involvement: Reference to union representation or collective agreements for union members

What schedules should be included in a Constructive Dismissal Letter?

1. Supporting Documentation: Copies of relevant emails, memos, or other communications evidencing the breach

2. Previous Complaints: Copies of formal complaints or grievances filed

3. Employment Contract: Copy of original employment contract and relevant amendments

4. Medical Certificates: Medical documentation if health issues are related to the constructive dismissal

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Singapore

Document Type

Termination Letter

Cost

Free to use
Relevant legal definitions




















Clauses




















Industries

Employment Act (Chapter 91): Primary legislation governing employment relationships in Singapore, covering termination procedures, notice periods, and salary provisions. Recent amendments have expanded coverage to more employees.

Employment Claims Act 2016: Framework for employment dispute resolution, establishing jurisdiction of Employment Claims Tribunals (ECT) and procedures for filing employment-related claims.

Tripartite Guidelines on Wrongful Dismissal (2019): Official guidelines defining wrongful dismissal, providing examples of legitimate and illegitimate dismissal reasons, and outlining dispute resolution procedures.

Industrial Relations Act: Legislation governing industrial relations, particularly relevant for union members and collective agreements in dismissal cases.

Workplace Safety and Health Act: Legislation protecting workplace safety and health, relevant when constructive dismissal involves safety-related issues.

Prevention of Harassment Act: Legal framework addressing workplace harassment, applicable when constructive dismissal involves harassment-related circumstances.

Singapore Common Law Principles: Established legal precedents and principles regarding constructive dismissal, breach of contract, and fundamental breach of employment contract in Singapore jurisdiction.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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