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Monday, May 24, 2010

Is conversation in email/msn/skype considered as legal agreement in employment?

does conversation in email/msn/skype considered as legal agreement between an employer to employee in singapore? Eg: employer promise to pay comisen to employee (in email/msn/or other electronic messenger) but comisen was not stated in the confirmation letter / appointment letter.

Is conversation in email/msn/skype considered as legal agreement in employment?
Assuming that the promise was made to the employee in consideration of a specific job to be done, which the employee actually did in a reasonably good manner, then the promise-maker (the employer) will have to fulfil that promise, which (in your question example) is to pay the promissed commission. That is the general legal principle.


Now coming to the electronic world: No difference, provided the employee can prove that a promise was made by the employer, and that the job was done by him (the employee).


The most important issue regarding electronic communication is how to prove an e-communication. This may vary according to the specific national law of electronic transactions. If no such law exists in the relevant country (Singapore, in your case), then the general law of evidence will apply, meaning that you get your print-outs and other hard copy evidence of the promise and get expert witnesses (electronic %26amp; software engineers) to corroborate what you tell the court.


I am sorry I do not have any expertise in Singapore laws to offer specific assistance, but the above is the general law according to English common law rules.





A. Izzeddin


Legal Consultant
Reply:Yes if it is written


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