You may not be protected by the Employment Act
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Be Warned!
If you are a diploma holder and above and are holding a white collar executive position and above, you are not protected by the Singapore Employment Act.
http://www.mom.gov.sg/FAQs/LabourRelations/EmploymentAct/CoverageoftheEmpAct.htm
The Act covers every employee (regardless of nationality), including a workman, who is under a contract of service with an employer . However, the Act excludes :-
(a) any person employed in a managerial, executive or confidential position;
(b) any seaman;
(c) any domestic worker; and
(d) any person employed by a Statutory Board or by the Government.
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For the white collar workers who are not covered by the Employment Act, the employer can do a lot of things to you and not be charged by the gov. Eg. he can choose not to pay you salary. You can call the police and the Ministry of Manpower and they can do nothing about it. Your only recourse is to hire a lawer to sue dishonest employer.
Therefore, even though job market is tight, do not enter into employment with dubious employers (esp SMEs). Should you start work with SMEs, your first few days of work should be spent on examining the credibility of your employer in paying your salary and CPF and how well the employer treats the employees.
Be Warned!
Below information might be useful just in case you are cash strapped and want to sue your employer:
Legal Aid Burea (URL link courtesy of TooFree)
http://app.minlaw.gov.sg/lab
The mission of the Legal Aid Bureau is to provide quality legal aid and advice to persons of limited means. We are governed by the Legal Aid and Advice Act, and are located at the URA Centre (East Wing). We provide legal advice and assistance in a range of areas. These include divorces, deeds of separations, road accidents, adoption, wills and probate. -
kopisoh protected onot?
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yaya.. anyone with salary below $1600 nia.
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chey~!
I alreadi know! the act only MOSTLY applies to blue-collar worker lah... -
You may know but people like Fireice don't. It is for the benefit of people like her.Originally posted by Mr Fugue:chey~!
I alreadi know! the act only MOSTLY applies to blue-collar worker lah... -
I'm sure she'll send you a bouquet of flowers to thank you.Originally posted by Cindyfeh:You may know but people like Fireice don't. It is for the benefit of people like her.
A bouquet of dead flowers.
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heng me not white collar worker
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By the way, it is quite easy to become white collar worker -> once you crossed the $1600 salary line, you are it. Don't tell me you don't want to earn more than 1.6K?Originally posted by RaTtY81:heng me not white collar worker -
but me not exec position... aso count as white collar?Originally posted by Cindyfeh:By the way, it is quite easy to become white collar worker -> once you crossed the $1600 salary line, you are it. Don't tell me you don't want to earn more than 1.6K? -
I don't know. Try asking your HR and writing letter to MOM to clarify. The 1.6K is a guideline.Originally posted by RaTtY81:but me not exec position... aso count as white collar? -
i think should b ok ba... ive received my salary in timeOriginally posted by Cindyfeh:I don't know. Try asking your HR and writing letter to MOM to clarify. The 1.6K is a guideline. -
1.6k after cpf deduction will be ard 1280 bah....1280/20days = 64bucks per day.......
hMz....considered as white colar?? I go factory work as operator chiong OT also earning more than that bah.......heard from my fren that some production operators in some MNCs are chionging overtime n hit almost 3k per month...so...they're also white colar mah?? -
i got colleague tat hit 104 hrs of OT in a month. going by his salary, he will at least earn 3k.Originally posted by dcx:1.6k after cpf deduction will be ard 1280 bah....1280/20days = 64bucks per day.......
hMz....considered as white colar?? I go factory work as operator chiong OT also earning more than that bah.......heard from my fren that some production operators in some MNCs are chionging overtime n hit almost 3k per month...so...they're also white colar mah?? -
haiz...i last time worked in a local SME company...clocked 240hrs OT per month....but they dun pay me OT claim...said becoz my salary is 1.6k...KNN....Originally posted by RaTtY81:i got colleague tat hit 104 hrs of OT in a month. going by his salary, he will at least earn 3k.
for 3 months lehz...imagine i go MNCs worked these amt of OT...240*3= 720hrs....one hr = $10(example), at least $7200 hor....
That's y i condemn local companies......PUI! -
Thats why in my first post I wrote:Originally posted by dcx:haiz...i last time worked in a local SME company...clocked 240hrs OT per month....but they dun pay me OT claim...said becoz my salary is 1.6k...KNN....
for 3 months lehz...imagine i go MNCs worked these amt of OT...240*3= 720hrs....one hr = $10(example), at least $7200 hor....
That's y i condemn local companies......PUI!
"Therefore, even though job market is tight, do not enter into employment with dubious employers (esp SMEs). Should you start work with SMEs, your first few days of work should be spent on examining the credibility of your employer in paying your salary and CPF and how well the employer treats the employees. " -
ya lah...bo bian....my 1st job after NS mah...muz "ren" coz i bo experience yet mah....somemore bery near my hse....10mins walking distance....Originally posted by Cindyfeh:Thats why in my first post I wrote:
"Therefore, even though job market is tight, do not enter into employment with dubious employers (esp SMEs). Should you start work with SMEs, your first few days of work should be spent on examining the credibility of your employer in paying your salary and CPF and how well the employer treats the employees. " -
wah like tat very lugi den u work for how long b4 u quit?Originally posted by dcx:haiz...i last time worked in a local SME company...clocked 240hrs OT per month....but they dun pay me OT claim...said becoz my salary is 1.6k...KNN....
for 3 months lehz...imagine i go MNCs worked these amt of OT...240*3= 720hrs....one hr = $10(example), at least $7200 hor....
That's y i condemn local companies......PUI! -
almost 2yrs....Originally posted by RaTtY81:wah like tat very lugi den u work for how long b4 u quit? -
Just read the website cindyfeh provided. I did not see anything about whether how high your educational qualifications would affect you. Basically, as long as your salary is over $1600, you will not be protected under the Employee Act (some sections only).
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I think if you have a MBA and choose to work as a cleaner, then you be protected.Originally posted by ndmmxiaomayi:Just read the website cindyfeh provided. I did not see anything about whether how high your educational qualifications would affect you. Basically, as long as your salary is over $1600, you will not be protected under the Employee Act (some sections only).
My original rational of linking degrees and diploma with the article is that grads will most prob in executive position when they grad or after a few years. -
Someone please enlighten me. Sorry if this is a stupid question.
If the Employment Act does not cover those listed, then why do companies still pay them salaries in the first place? Does that mean there is something else that's covering them? Not everyone can find and afford a lawyer to sue back their employees, right?
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Only employees who fall in the categories of workman and those whose basic salaries are below S$1.6k are protected under the Employment Act. Those who are not covered under the Employment Act, there is an employment contract, we call it "Letter of Appointment" or "Contract of Service". The terms and conditions of employment will be spelled out in the contract or appointment letter. Therefore, if the terms of contract are unacceptable to you, you are not obligated to sign the appointment letter or contract of service. When signed, it's legal binding.Originally posted by CoolMyth:Someone please enlighten me. Sorry if this is a stupid question.
If the Employment Act does not cover those listed, then why do companies still pay them salaries in the first place? Does that mean there is something else that's covering them? Not everyone can find and afford a lawyer to sue back their employees, right?
The definition of workman is as follows:
"workman" means—
(a) any person, skilled or unskilled, who has entered into a contract of service with an employer in pursuance of which he is engaged in manual labour, including any artisan or apprentice, but excluding any seaman or domestic worker;
(b) any person, other than clerical staff, employed in the operation or maintenance of mechanically propelled vehicles used for the transport of passengers for hire or for commercial purposes;
(c) any person employed partly for manual labour and partly for the purpose of supervising in person any workman in and throughout the performance of his work:
Provided that when any person is employed by any one employer partly as a workman and partly in some other capacity or capacities, that person shall be deemed to be a workman unless it can be established that the time during which that workman has been required to work as a workman in any one salary period as defined in Part III has on no occasion amounted to or exceeded one-half of the total time during which that person has been required to work in such salary period;
(d) any person specified in the First Schedule;
(e) any person whom the Minister may, by notification in the Gazette , declare to be a workman for the purposes of this Act;
FIRST SCHEDULE
WORKMEN
(1)Bus conductor.
(2)Lorry attendant.
(3)Bus, lorry and van drivers.
(4)Bus inspector.
(5)Goldsmith and silversmith employed in the premises of the employer.
(6)Tailor and dressmaker employed in the premises of the employer.
(7)Harbour-craft crew.
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All workmen employed on piece rates in the premises of the employer.
The purpose of the Employment Act is to protect the lower rung employees. For more information of legal matters surf this wedsite.
http://statutes.agc.gov.sg -
up. A important thread in today's unfair world. It is better to be knowledgable and protect yourself.
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Yes. That's right.Originally posted by Cindyfeh:up. A important thread in today's unfair world. It is better to be knowledgable and protect yourself.
Contratory to that, you might want to know why.
Of course, by writing a full employment law is always easier than to stipulate each particular clause. The sole purpose of this law in my humble opinion is to lure investors into Singapore at the expense of fairness for employee falling in the four categories. But thankfully, employees in these 4 categories are either professionals, people with wide experience or are holding unfixed job timing so I guess the effect is not that great.
Well, look at it this way, by luring investors to invest or to set up company here prove to be more beneficial in the long run for the people in term of creation of jobs. Beside, what is the percentage of employee in the 4 categories wrongly fired. I bet it's slim.
Fairness is very SUBJECTIVE indeed. But if this law can benefits a wider majority, its a good law.
Just my 2 cents.
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I find that laws only favour the rich;
to engage a lawyer... court fees... appeal... damages...
...ALL THESE NEED $$$. if you dun have $$$, then LL.