Question about contracts at work
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It is against the employment act to work employees over 48 hours per week or 88 hours for two continous week (44 hrs per week X 2).
If breached contract shall be considered null and voided.
Once a contract is breached by employer, employee can resign with immediate effect.
But you have to be able to prove it... -
the thing is: the co didn't state what the working hrs are going to be in the contract. NO mention at all. very smart I would say. Since if they never state, they can just make the employees work however long they want la, and they cannot be caught if the employee doesn't have the freaking punch cards, which i don't.
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Originally posted by Lique:
the thing is: the co didn’t state what the working hrs are going to be in the contract. NO mention at all. very smart I would say. Since if they never state, they can just make the employees work however long they want la, and they cannot be caught if the employee doesn’t have the freaking punch cards, which i don’t.
Good~ you can bring up this point to the judge
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you know what, thanks so much. I'm totally writing it all down now. Ok the thing is, I cannot be represented by anyone during the inquiry on the 23rd--just me. So if I want to make a counterclaim, I would need to make it 3 days before the 23rd. So if I have to, according to the letter, make a counterclaim "in writing not less than 3 working days before the date of inquiry, stating the nature and amount of your counterclaim", I will compile the lack of working hours in the contract. unless i don't have to make a counterclaim but just say that the co didn't state working hrs in the contract to the assistant commissioner. would that be more prudent you think?
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I believe your salary is the same for every month i.e. over time is not added to your salary.
Claim: overtime over the last 1 year 6 months.
Yes it will be better.
Employment act clearly stated OT is no less than 1.5x. And based on what you have said, you have a lot to claim from them.
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basic salary is the same, yes. but I do earn commission because it's a sales based job. We, however, don't now how they calculate the commission, there's no statement that what is OT pay, what is comm, what is incentive. so... I'm just worried that they'll pull the "oh this is IN the incentives already". FYI did you know the OT is mostly, unless on very very special occasions, calculated and written down in an OT book that they say the company "owes" the employees. WTF right. not paid at all. just "Owed".
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Originally posted by Darkness_hacker99:
I believe your salary is the same for every month i.e. over time is not added to your salary.
Claim: overtime over the last 1 year 6 months.
Yes it will be better.
Employment act clearly stated OT is no less than 1.5x. And based on what you have said, you have a lot to claim from them.
I am no expert but if i am in his position i wont use salary as a counter claim nor OT not paid as counter claim, because i believe if he read his contract, there will definitely be something along the line of "employer reserves the rights to... should such situation arises" and "compensation with rest days immediately in the following week and/or monetary payment" whereby monetary payment would be a vague term. ( Thats what i learnt during my short stint elsewhere).
Also since his monthly salary varies since it is a sales job, totally no fight, because like what TS said, it can be "included in sales incentives"already.
Moreover, 1.5 times for OT is a guideline, it need not be followed...
My banker bet would be in the the over 48 hours per week and/or 44 hours per week for 2 continuous weeks issue because regardless if what they write in the contract no company or anyone (even voluntarily) can work more than what is stated. which is why so many company pay their employees OT under "other allowances" instead of OT if they exceeded it.
Also per month OT cannot exceed 72 hours too, voluntarily or not or else HR need to drink coffee with MOM too. -
If you truly got overworked, no punchcard no problem one.
The coy even more worried than you.
My coy now strictly dont allow us to work more than 44 hours per week, any week (and if its for only one week, exceed 44 hours is not against the law), and wont allow us OT more than 72 hours per month even if we volunteer because it is a very serious offence.
And no, we dont have punch cards. -
but all of the above are not applicable if your salary is above certain amount which i dont know.....
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Originally posted by Darkness_hacker99:
I believe your salary is the same for every month i.e. over time is not added to your salary.
Claim: overtime over the last 1 year 6 months.
Yes it will be better.
Employment act clearly stated OT is no less than 1.5x. And based on what you have said, you have a lot to claim from them.
Am pretty sure u are aware that some sales person have ZERO monthly salary, and earn base on full fledge commission. No issues at all because salary is on employers discretion and sg has no minimum salary acts. They can work 10 hours per month or 172 hours per month and get paid the same.
Everything regarding salary is a guideline not an act.....
I understand your kind intention but don't make him fight the suit the way you ask him to because he has no grounds at all.
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Originally posted by Darkness_hacker99:
The lower judge will rule in favour of your ex-employer because it's stated in the employment contract.
You can counter claim it with
1) unclaimed OT over 1 year 6 month
2) working more than 6 hours without pay
3) illegal practice of faking salary to employ (request judge to check the bank accounts of the company and employee)
If you got a good laywer, he'll do his job well. If you're on your own, then you must be calm and explain in great details.
For the abuse part, unless you have a witness, it's hard for the judge to believe.
EP holders have minimum salary of 800 I think that's why they do that. Not sure on S pass but your point three is totally off. It even have no issues to do with TS. And Singaporeans have no minimum salary clauses. That's why some elderly are toiling away at coffeeshops for 500 month.
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Originally posted by Lique:
basic salary is the same, yes. but I do earn commission because it’s a sales based job. We, however, don’t now how they calculate the commission, there’s no statement that what is OT pay, what is comm, what is incentive. so… I’m just worried that they’ll pull the “oh this is IN the incentives already”.
FYI did you know the OT is mostly, unless on very very special occasions, calculated and written down in an OT book that they say the company “owes” the employees. WTF right. not paid at all. just “Owed”.
Anyway TS good luck. Your next job look out for contracts. More than half the time contracts means problem. Turnover too high that's why they play the contract game. And with contract, you can be tagged as contract worker and no benefits at all compared to FT staffs. Can play your leave can play your mc can play salary can play claims everything
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Hey ChingAlvin, I really appreciate you coming to this thread and share your experience with other forumers
Thank you! 
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My basic is 1.6k, the employment act covers that, in fact, the coy is claiming the salary in lieu of notice under the employment act. How come the punch card isn't required as proof? And just fyi, my total supposed weekly work hours=48. As in, the so-called official work hours. 4 weekdays= 4x (8.5)=34 2 weekends= 7.5+6.5=14 total 48 alternate week one day pm shift (if we're lucky)=that week 45.75 hours But since it's a retail coy, we finish work only when the customers leave, so the real working hours are often more. In addition, we have to come in early to open the shop and close up--the extra half an hour early is NOT counted in the working hours. WTF. so if we officially start business at 10.30, we need to punch in at 10.05.
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oh wait. i just rechecked the contract. this is what they stated re working hours. You are required to work on shift per manning roster, which is determined by the Company. The following working hours will apply: Monday to Friday: Morning shift: 10.30am-8.30pm Afternoon shift: 2pm-9pm You shall be entitled to two 45 min breaks for working on morning shift. You shall be entitled to one 45 min break for working on afternoon shift. Saturday: Morning shift: 10.00am-5.00pm Afternoon shift: 11.00am-6.00pm Sunday/public holiday 10.00am-5.00pm You shall be entitled to one 30 min break each for working on sat, sun and public holidays. Occasionally, if the work requires, you many have to stay back later than the official hours. THAT'S IT.
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is it a requirement or a guideline that no singaporean employee under the salary of $2k or worker under salary of $4.5, to work maximum 44 hrs or 88 hrs--in a consecutive 2 week period? MUST or guide only?
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can you call SHRI for advise?
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Will be calling them tomorrow. Any hr person around who knows though?
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http://www.fairemployment.sg/assets/files/Publications/Publications%20-%20Employers%20Guide%20ENGLISH%20-%20Updated%20as%20of%2010%20June%202011.pdf ok i have found this site helpful.
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Originally posted by Lique:
oh wait. i just rechecked the contract. this is what they stated re working hours.
You are required to work on shift per manning roster, which is determined by the Company. The following working hours will apply:
Monday to Friday:
Morning shift: 10.30am-8.30pm
Afternoon shift: 2pm-9pmYou shall be entitled to two 45 min breaks for working on morning shift. You shall be entitled to one 45 min break for working on afternoon shift.
Saturday:
Morning shift: 10.00am-5.00pm
Afternoon shift: 11.00am-6.00pmSunday/public holiday
10.00am-5.00pmYou shall be entitled to one 30 min break each for working on sat, sun and public holidays.
Occasionally, if the work requires, you many have to stay back later than the official hours.
THAT’S IT.
It's stated in the act that minimum break is no less than 45min. -
i have an appt made with the mom! and not a moment too soon on the 22nd dec lol
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After MOM, you will just enough time to write up the counter claim~
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cannot lo. they say i would have to write the counterclaim 3 days BEFORE the 23rd. which is like. today . arg. i don't even know how to write this!
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didnt you call SHRI? did they refer to to SPEC as they have legal advise by the lawyer there.
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well i called them yesterday and they said that for this sort of thing (asking about max work hours limit), it's better to ask mom. so that's what i did..