Question about contracts at work
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speak to David Ang there, he is experienced there. who did you spoken to when you called them, a newbie?
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Some receptionist lady. Calling SHRI again now.
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wait, he's the exec director?
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what? lol fancy you taking advise from a receptionist there
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yes he is. you can speak to him about your case. he will probably refer you to join SPEC.
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hahahah i just called spec, a really nice and funny guy helped me out there. re: working hours. if i don't have the punch cards, and if the coy decide to play punk and say they lost the cards, i have no game at all. so his advice: don't even go there, let the working hrs thing go cos i can't prove it. basically, what he said was, yes, the company can (and has) issued a summons to me from labor court. but after the court advise (which will probably be in favor of the coy), it's entirely down to the coy and me. f i don't pay, the coy can take legal action against me if they want to pursue. btw, remember the clause in the contract about the employee having to foot all legal fees? ok so if i can't pay the claim, plus legal fees if any, the coy can't make me either. they can make a police report i guess. lol
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did the SPEC said they got lawyer there, but you need to pay 50 to join as member first?"
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Nope. No mention of that at all. Were they supposed to say that? Anyway, I can only be represented by myself this friday.
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Went to my appointment with mom labor relations just now. What they said was, yes the coy is right about claiming money in lieu of notice. no dispute about that. But if I want to counter with overwork and ot etc, i will have to present my evidence on the day itself (tomorrow). And just curious, but apparently work permit doesn't require minimum salary, so why would a company pay a foreign worker on work permit a sum of money, say 1800, state in the paycheck 1800, then ask the worker to pay back 1000? Does the company get the pay less taxes or something?
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This is call artifically inflating the salary of employee. There's a few types of work permit in Singapore.
R pass is for foreign worker who earns less than $1800,
S pass is for those who must earn a minimum of $1800.
In order to bring in these foreign workers, the employer have to artifically inflate the salary to $1800 so that the foreign worker will be able to enter singapore to work. However, the employee does not get the full sum of $1800 because of under table deals. In fact, the employer would only hire the worker for mere $800 a month. The trasaction of $1800 just reflect on paper that the employee is paid $1800 every month. But that is not the case because $1000 is transfered by to employer.
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I see, well I deal with my problem first la. The MOM labor relations person said I could send an anon email to them about the company's practices for them to investigate. Now writing my reasons for absconding for the commissioner now. Getting my mom's friend to vet it for me.
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done and ready for tomorrow as i'll ever be lol. will update after!
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waiting for the update
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Just back. Company claims salary in lieu of notice from me=$3200 I claim unpaid OT for a year + and overwork (more than 44 weekly for over 3 weeks) Assistant Commissioner suggests -We settle this out of court, or it could drag to March next year -Claim for pay in lieu of notice from me is valid -My OT should be paid, and cannot be accumulated, which is what the coy has done -Working employees over 44 hours every week is an infringement of the law by the company -It's not true that working over 44 hrs for three consecutive weeks voids the contract. I have a choice to refuse to do OT, but the consequences of me refusing (like being kenna fired by the coy) will not be governed by the law. (this part confuses me actually) -It could just be a simple case of math, get the OT pay that I'm supposed to have, use that to offset all/part of the pay in lieu of notice ($3200) He didn't make an Order in the favor of anyone, but suggests settling this out of court. I spoke with the staff after the session and suddenly, she brings up the "what about the bond money?". If you remember, the letter of demand I received from the coy actually asked for $3200 for bond breaking(quitting within 2 years) and $3200 for pay in lieu of notice. First of all, the MOM summons letter states that the coy claims "2 months pay in lieu of notice". Second, why never bring up to the Assistant Commissioner just now? Why bring up to me after the hearing is over? She says she didn't think about it. I don't know. I said I would like to follow the suggestion of using my OT and November's salary+comm, of which I haven't received yet (cos I quit mid Nov), to offset the $3200. She said she would talk to the boss. She called just now and said the boss is agreeable to use the OT and salary. My OT is apparently 73.5 hrs. Hello, for the whole freaking year (18 Nov 2010-13 Nov 2011) at 1hr-2hr OT per day? I think not! Basically this is as far as they are willing to pay. So, the total amount that I can use to offset will be 1088.81 (pay+comm+OT). so I need to pay 2111.19. Will go to the HQ to see the OT / punchcards on the 27th, next tues. Thank goodness I have a good family friend helping me out on this.
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Hey, hope you get the amount of money that rightfully yours
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Originally posted by Lique:
Nope. No mention of that at all. Were they supposed to say that?
Anyway, I can only be represented by myself this friday.
you didnt asked SPEC that they can get a lawyer to represent you?
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Hope you guys had a great new year shebang! Back to this lol. Well basically the coy called a couple of times after the hearing and said, when you come down to see the punch cards, bring the money along with you. WTF you think I'm stupid mate? So I told them no, that wasn't what the Assistant Commissioner said. He said I could tally the OT on the punchcards. Nothing about payment. After a few phone convos about that which got quite wayang because that admin staff is a bitch, the boss called and said I could come over a day later. That I did and they made no mention of the payment. So the OT hours came up to about 202.5. Two hundred and fucking two instead of 72.5. That would be around $2.5k using the OT formula on the MOM site. Then the admin staff said they'll need a week from that day. The week ends today and they called to say they want me to come to the office because they want to show me "what I claim as OT from them". I'm like I thought I already tally? What's there to see? Oh and at least two people who've spoken to lawyer friends about my issue said I don't need to do anything. Cos the coy apparently can't make me pay. Or something. Seriously I think when I get bored of this I'll start ignoring them haha. Btw when I went for the appointment with the MOM to ask about the statutes, the lady said the company can garnish my bank acct according to the laws in the employment act. They can seize my possessions blah blah. WHO TO BELIEVE LOL.
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Originally posted by Jacky Woo:
you didnt asked SPEC that they can get a lawyer to represent you?
nope, didn't! -
The company also said something about taking CPF into account. Does that mean part of the OT money will be deducted for CPF?
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Originally posted by Darkness_hacker99:
Hey, hope you get the amount of money that rightfully yours
Haha yes, thanks! -
who is your MP? go see your MP
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these kind of clauses were added to protect the company, maybe due to past experience or just overseeing the possibilities. if you have good intent, i think there's nothing to be worried about.
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Any updates to share with us?
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Saw the MP. Doesn't seem to be any help from there cos Mr Charles just told the MOM to intervene, which they did, against me. Now I'm currently overseas and a relative of mine just received a letter from the MOM that ordered me to pay up $1900 to the company or else the company "can take enforcement proceedings against you at the Subordinate Courts which would result in the seizure and the sale of your properties". I have nothing, I'm just a student now. I'm thinking just stay overseas for a while, at least a year or so.