Originally posted by deathman:but it wasnt totally my fault leh. i was working there for like 12 days than all the 12 days there is one staff he talk to me damn guai lan i suppose to be the promotor but ended up i throw rubbish all carrying 2 trash bag infront of customer in the hello shop. im not even suppose to do that go down rubbish chute. really no way i can get my pay?
i dont understand what you meant leh... btw its a lesson learnt. because the terms of contract stated clearly and you had signed it meaning you have agreed( obviously). and now you do not even have your punch card. how you prove you have been working in the first place?
zzz... how difficult is it to empty the rubbish?
wait til you go to the army... you think you suppose to fight wars but end up cleaning toilets. than you go try complain
Originally posted by deathman:i dun have the money to sue them. im just a poor chap but i just wanna get my pay and wonder if its possible. i work in singtel but i am under a agency called staff service for one month. i reall regret but the people there treat me like dog seriously i dun wanna make noise cuz i just wanna work but really the anger accumulates until i cannot tahan burst. i regret wad ive done. sian
vro...contract states clearly that u will not get ur pay if u r fired..no point arguing with MOM or singtel..besides Singtel is semi govt (I think so) ...so irregardless of waht, u end up losing...and worst still, u end up paying like what some forumers states....so i suggeest forget about it and find a new job....make it a lesson learnt and control ur temper..just my 5 cents thought..
ginahs these days cannot eat bitter one loh
Originally posted by FireIce:ginahs these days cannot eat bitter one loh
cannot compare those days people and now mah FI..heh
then compare with who?
paris hilton?
Originally posted by deathman:sorry but i dun wanna say so much but i just wanna ask for advice. the contract clearly stated. " you will be paid only upon the full completion of the assignment. should your empolyment ceased before the assignment period, no salary will be made payable to you. The Client Reserved the right to terminate you without any notice or payment in lieu of notice for reason arising out of operational reasons or unforseen circumstances or if at any time you shall be guilty of any disobedience or breach of any stipulation herein contained or grave misconduct likely in the the opinion of the client to injured the client's business" i also left my punch card and forgot to take my punch card at the work place im worried they might throw away my punch card while im not there in the work place?
That's it. You have no case already since you did sign it (meaning you agreed upon the highlighted terms). That punch card will not be able to help you even if you manage to get it back.
What you should do now is to give up claiming that $600 and find another job asap.
lol fifi u today ok or not? jitao pour cold water all the way
Originally posted by deathman:i got fired from work and i cant get my pay which is about 600 plus before cpf cut. does anyone know of anyway i can get my pay. im in deep shit got fired without my pay is so unfair man. but the contract i signed states that if im fired without or with any reason no salary shall be made payable for me. is there anyway i can actually try to appeal without going to the lawyer becuz if im calling a lawyer it will be like 3k + and my salary is onli 600 so its not worth it. anyone can u please tell me wad i should do. or is it best to just leave it and dun get my pay no pt fighting for it since the contract already states like tat? please advice. thank you very much.
i got fired cuz i quarrelled with a staff and scolded vulgar languages inside the staff room in the hello shop.
It is quite common to see people being illegally or unfairly fired from their jobs. No idea about national statistics but based on an article I read, they estimated 250,000 workers annually (US), not counting those that were justifiably terminated.
Judging from your post, I am not surprised you got fired. But very surprised you are not paid a single cent for 12 days work and you are prepared to walk away without raising questions to both MOM and top management of SingTel.
You should have a copy of the contract you signed and a letter of termination stating why you were terminated without notice. If you don't have them, get them. If you don't have your punch card, call them up. Ask them for it. I don't think there is a chance in hell they won't give.
If I were in your shoes, I will write a straightforward letter to the head office and make a formal appeal. Make it objective and simple with facts and dates, when did you commence employment, when were you terminated, who terminated you and the reasons you were given.
Tell them you accept the dismissal, but you should be paid for the work you did.
If they say no, you ask why.
If they say because the contract says so, ask them why there are clauses like that.
Best to ensure your correspondences are made in email.Take it from there but you need to do this within one month.
Then with these information, phone MOM, make some enquiries, do some investigation on your own. It won't take you more than half a day to find things out.
How old are you? 18? 23? It is ok to clarify your doubts, there is nothing wrong with asking these questions and finding out why. Even if eventually, you still don't get paid, at least you understand what went wrong and why it went wrong.
Meanwhile start looking for a new job and maybe it's time to change your approach with new colleagues in your new workplace.
You may act and sound like a real pisser, but that don't mean you don't deserve some good answers from them. Good luck pal.
Hi, you can call MOM @ 6438 5122 to enquire on your case..
The following information is quoted from:
Dismissal
An employer may, after an inquiry, dismiss an employee if the employee is found guilty of misconduct by failing to fulfil the expressed or implied conditions of employment.
Inquiry to follow the rules of natural justice:
Misconduct
Misconduct refers to a breach of duty or discipline which is inconsistent with the express or implied conditions of an employee's contract of service. Examples of misconduct are theft or dishonesty, disorderly or immoral conduct at work, willful insubordination etc.
If the employee has committed an act of misconduct, the employer should conduct an inquiry before deciding whether to dismiss the employee or to take other forms of disciplinary action.
Procedures of an Inquiry
The employer must hold an inquiry into the misconduct. If, after the inquiry, the employee is found guilty of the misconduct, the employer may:
(a) dismiss the employee; or
(b) instantly downgrade the employee (with no pay reduction); or
(c) instantly suspend him from work without payment of salary for a period not exceeding one week.
There is no prescribed procedure for conducting an inquiry into an act of misconduct. As a general guideline,
1) the person hearing the inquiry should not be in a position which may suggest bias; and
2) the employee being investigated for misconduct should have the opportunity to present his case.
Under the Employment Act, the employer may suspend the employee from work during an inquiry, for a period not exceeding one week. The employee should be paid not less than half his salary for the suspended period.
If the inquiry does not disclose any misconduct on the part of the employee, the employer must restore to the employee the full amount of salary that was withheld.
An employer cannot downgrade an employee with a pay cut if the employee has been found guilty of misconduct unless there is mutual agreement between both parties, or if the employment contract provides for it.
Appeals
Employees who feel that they have been unfairly dismissed by their employers may appeal to the Minister for Manpower to be reinstated to their former employment.
Appeals must be made in writing within one month of dismissal.
The Ministry of Manpower will look into any appeals. If it can be established that an employee was unfairly dismissed, the Minister will consider reinstating the employee's employment or order a sum of money as compensation, as the Minister deems fit.
Hope this helps (:
must let ppl wake up their idea
Originally posted by HaraYumi:Hi, you can call MOM @ 6438 5122 to enquire on your case..
The following information is quoted from:
Dismissal
An employer may, after an inquiry, dismiss an employee if the employee is found guilty of misconduct by failing to fulfil the expressed or implied conditions of employment.
Inquiry to follow the rules of natural justice:
- No man shall be a judge in his own cause
- No man shall be condemned unheard
Misconduct
Misconduct refers to a breach of duty or discipline which is inconsistent with the express or implied conditions of an employee's contract of service. Examples of misconduct are theft or dishonesty, disorderly or immoral conduct at work, willful insubordination etc.
If the employee has committed an act of misconduct, the employer should conduct an inquiry before deciding whether to dismiss the employee or to take other forms of disciplinary action.
Procedures of an Inquiry
The employer must hold an inquiry into the misconduct. If, after the inquiry, the employee is found guilty of the misconduct, the employer may:
(a) dismiss the employee; or
(b) instantly downgrade the employee (with no pay reduction); or
(c) instantly suspend him from work without payment of salary for a period not exceeding one week.
There is no prescribed procedure for conducting an inquiry into an act of misconduct. As a general guideline,
1) the person hearing the inquiry should not be in a position which may suggest bias; and
2) the employee being investigated for misconduct should have the opportunity to present his case.
Under the Employment Act, the employer may suspend the employee from work during an inquiry, for a period not exceeding one week. The employee should be paid not less than half his salary for the suspended period.
If the inquiry does not disclose any misconduct on the part of the employee, the employer must restore to the employee the full amount of salary that was withheld.
An employer cannot downgrade an employee with a pay cut if the employee has been found guilty of misconduct unless there is mutual agreement between both parties, or if the employment contract provides for it.
Appeals
Employees who feel that they have been unfairly dismissed by their employers may appeal to the Minister for Manpower to be reinstated to their former employment.
Appeals must be made in writing within one month of dismissal.
The Ministry of Manpower will look into any appeals. If it can be established that an employee was unfairly dismissed, the Minister will consider reinstating the employee's employment or order a sum of money as compensation, as the Minister deems fit.
Hope this helps (:
if i'm not wrong based on this above article, you do have a case against Singtel. they still do need to pay you your salary and do an inquiry for your termination. please proceed with the above advice and let us know the progress.
some of us here are truly interested to assist you with your problem. by the way, where do you stay? ---> you may also approach your MP in your vicinity to assist you with your case. though i do not condone your actions, i still feel you should be compensated for your work completed at Hello shop.
i think they cheated a si ginna teenager like u.
MOM oni provide guideline
but company's own policy and contract overrules
put contract means cannot do anything if they fire you for no apparent reasons?
then i also wan be boss liao.. i pay people $100/hour but have to work for at least 3 months.. then after 2 1/2 months i fire them all.. free labour wor.. like TS liddat lor..
Originally posted by FireIce:MOM oni provide guideline
but company's own policy and contract overrules
true but still must try to get his salary back right? if don't try, the pay sure gone. if try still got hope. just like 4D, only when you buy, you have hope. no buy, no hope.
same here. try and you have hope. no try, no hope.
got reason wat
u all no read ah
true but just scolding vulgarities is not a severe criminal offence compared to assault or beating... still does not warrant an immediate dismissal without an inquiry right?
Originally posted by FireIce:got reason wat
u all no read ah
i know got reasons in TS case but i not referring to TS ma.. saying if they suka suka fire you, but stated clearly in contract.. then also LL ah?
i think no chance to get back your pay becos of the kuku contract that you sign. the company also very smart. like that can always eat people money liao. make them work like 20 days then when pay day coming then fire the person off. like that can get people to work for free and somemore they know people cannot afford to sue them also.
to TS, last time i also work part time in a place that they always ask me clear rubbish. the staff there also treat me like dog because i new there mah. then i left after 2 months of working. the staff still ask me why i want to quit. feel like telling him off in the face that if i dont leave, you might end up in hospital.
You mean to say that (if salary is below $1,600 under private employment) since it is expressedly stated in a contract that a worker must work everyday 12 hours for a year, the employee would have to work like a slave and it's legal?
The Employment Act overrides your employment contract, else there won't be any need for an Employment Act. The Employment Act prevent abuses from employers, because employers have more market power than an employee.
Suggest you call up your Human Resource office to talk to your HR manager.
Employment Act
hi. thanks for all those who reply but i will still appeal to see how it goes. i cant deny i was wrong for scolding the staff but it was in the staff room no customer saw us quarrelling. and i didnt scoldd any customer. but i was wrong for scolding the staff over there. he was not totally wrong. but i tahan him for alot of days everyday i cut box wrongly he show me unhappy face i just keep quiet onli. but cant tahan so ended up scolding him today. but i didnt slack off at work or did any fuck up things while working. just today the quarrel land me out of job. but i still think my 12 days of working i gotta get my pay wad if not like tat really very unfair sumomre i also not make them lose business scold customer than customer dun wan come singtel i just scold the staff quarrel with him thats all wad. sian but really thank to all those who reply
Not only can you get back your salary, but you can get back notice in lieu.
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.
Termination of contract without notice.
(2) Either party to a contract of service may terminate the contract of service without notice in the event of any wilful breach by the other party of a condition of the contract of service.
Abstract from Butterworths Handbook of Singapore Employment Law:
Where the contract expressly states that the employee may be suspended pending an inquiry, it is submitted that the employee can subsequently be dismissed if the outcome of the inquiry is against him and in such a case, the employer need not repay the wages that were withheld during the period of suspension.
The right to suspend may also be implied by statute. Section 14(1) of the Employment Act provides that an employer may, instead of dismissing an employee who is guilty of miscoundct, suspend him from work without payment of salary for a period not exceeding a week. Section 14(8) of the Employment Act also provides that while conducting an inquiry to determine if the employee should be summarily dismissed, the employer may suspend the employee for a period not exceeding one week but shall pay him not less than half his salary for such period and that should the inquiry not disclose any misconduct, the employer shall forthwith pay the employee any salary so withheld. However, as stated earlier, the Employment Act does not apply to all employees and therefore section 14 is applicable only in respect of employees falling within the Employment Act. (meaning managers, executives, etc)
Right to summarily dismiss
As stated, having already looked at the circumstances in which the emplyer has a right to dismiss an employee summarily for disobedience, negligence, incompetence and breach of the duty of goodfaith, the circumstances in which the employer may summarily dismiss the employee for misconduct can now be considered.
Though the courts have refused to lay down a conclusive list of what constitutes misconduct, it would appear that if the misconduct is such as to show that the employee is repudiating the contract or one of its essential terms, the employee can be summarily dismissed.
In neefjes v Crystal Products Co Ltd for instance, the court held that where one employee assaulted a fellow employee, the aggressor could be summarily dismissed.