Local PMET earning $4500 and above told to leave earlier than expected without compen

[makapaaa]

[h=2]Local PMET earning $4500 and above told to leave earlier than
expected without compensation[/h]



Gilbert

I recently tendered my resignation on 20 March 2013 from my position in my
company.

Under my employment contract which I have attached, my notice period was 2
months which would have made my last day of service to be on 17 May 2013.

While serving my notice period on 2 May 2013, I was told by my Operations
Director to meet with the HR Director.

The HR director told me that our CEO was not satisfied with my performance
and wanted to terminate my employment while I was serving my notice period.

Apparently, the plant was in a poor condition and I was not walking the line.
I was advised by both the Operations and HR Director to leave immediately either
on 6 or 7 May as the CEO could potentially terminate me on the spot and ask me
to leave immediately.

I told them that I would consider their proposal.

On 3 May 2013, I approached the HR Director in his office and informed him
that under the employment contract, if the company wanted me to leave earlier
during my notice period of 2 months, they would have to pay my salary till 17
May even if they wanted me to leave before 17 May.

The HR Director again mentioned that the CEO was on the warpath and advised
me to leave earlier. He informed me that he could only pay me up to my last day
which will be earlier than 17 May.

He told me that it was my choice to fight on and stay until 17 May but he
could not promise that I would not be terminated by the CEO.

Note that all the discussion about my potential termination was performed
without a verbal warning, a proper inquiry by a neutral party or a 60 day
counseling program. Also, for the past 2 years, my scoring in my appraisal has
been above average.

I eventually with a heavy heart agreed to leave the company on 7 May instead
of 17 May.

This was because I did not want to risk having a employment record
reflecting that I was terminated at my company.

As I am earning more than $4500 per month, I am not covered under the
Employment Act. I am seeking your advice whether I can recover my pay from 8 to
17 May.

Best regards

Philip,

Dear Philip,

Thanks for yor mail and sorry to hear of your predicament.

Frankly speaking, I have heard of this loophole quite often and regretfully
there is nothing much you can do here.

We lack an independent Ombudsman who can act independently for us here.

The Employment Act only covers workers who earned below $4500/month and the
resolution also only covers salary dispute.

You can go to TAFEP or MOM and they will advise you to find your own
alternative legal recourse which is ridiculous.

One way if you like is to threaten your office that you are going to speak
with a MOM officer if they don’t pay you the correct salary.

This can be done through a verbal communication or email. I have found that
it works at times with people who have seen me.

Many companies here do not want to antagonise with the labour authorities
especially if its a MNC.

If you don’t mind, we can have a chat in my office this week to go though
this together.

I can refer you to a lawyer if you want later on.

On another note, can I post this mail on my site leaving out your name to
protect your identity?

Singaporeans needs to know.

We are here for you.

Regards,

Gilbert Goh

 

[Boliao]

Re: Local PMET earning $4500 and above told to leave earlier than expected without co

Gilbert again. Fucking retard and have no idea what he is talking about.

This guys has no case as he tendered his resignation. The notice period is a requirement set by the company to facilitate a smooth handover in the event of manpower shortage. The clause is designed to protect the employer, not employee.

This means that if you tender your resignation, the company has every right to waive your notice period and ask you to leave immediately.

If you are being terminated, that is a different subject. In the event of a termination, the onus is on the company to show reasonable justification for terminate and compensation. However, Singapore's manpower law does not mandate compensation as compared to other countries and thus, in Singapore, a manager can terminate the employee for no reason and avoid any compensation.

The only reason they do, is to avoid gaining a bad reputation and costly legal battle - to which they will win eventually.

I've hired and fired tons of people and never had an issue. Most employee will take the amicable way out.

 

[Narong Wongwan]

Re: Local PMET earning $4500 and above told to leave earlier than expected without co

Leave early can start early on that $7K crane operator or $7K taxi driver job.........

 

[Scrooball (clone)]

Re: Local PMET earning $4500 and above told to leave earlier than expected without co

As I am earning more than $4500 per month, I am not covered under the
Employment Act. I am seeking your advice whether I can recover my pay from 8 to
17 May.

What a fucking loser. It is just a period of 10 days. He could have just utilized his efforts at finding a new job.

 

[Leongsam]

Re: Local PMET earning $4500 and above told to leave earlier than expected without co

What a fucking loser. It is just a period of 10 days. He could have just utilized his efforts at finding a new job.

It's becoming blatantly obvious why the government has no choice but to import talent. Singapore is full of these losers and there comes a point in time when liabilities like these need to be written off so the nation can move forward with confidence.

 

[Big Sexy]

Re: Local PMET earning $4500 and above told to leave earlier than expected without co

if one is not covered under the employment act then a lot will depends on the terms in the employment contract that was signed.
A company could suspect her employees from work under the gardening leave practice or even terminate your employment without notice if there is a violation of the employment terms(e.g insubordinate).
the employee can however bring the matter up to MOM or engage a lawyer to challenge the "unfair dismissal".
however, my advice for employees is always to leave on a amicable note if possible and NOT to "threaten" the employer like what gillbert suggested.

 

[MadrigalWheel]

Re: Local PMET earning $4500 and above told to leave earlier than expected without co

Wah lau! wanna throw lawyer letter for claiming 7 working days of pay?

Lawyer letter - $200+
Court case - $4000+
Pay damages - $4000+ (80% company win, 20% he win)

So his war chest must prepare at least $5000 to even have a hearing.

All that to claim about back about $1400+ lost salary (7 days pay)???

No sense of proportion leh...

 

[singham]

Re: Local PMET earning $4500 and above told to leave earlier than expected without co

if it's because of performance issue, then there is no case. but if it's due to bias or office politics(which i am a champ) i think maybe got chance. try to scrutinise every past details at work which he think maybe act of prejudice, bring it up to MOM. have MOM write a letter to the company to let them know they are on their listing to be marked...muahaha...

 

[bushtucker]

Re: Local PMET earning $4500 and above told to leave earlier than expected without co

I wonder why the fark this philip is complaining. the company lets him go earlier and he can start work at his new job faster.

Unless he hasn't found a job and that's why he is scrimping every penny from the current company.

 

[singham]

Re: Local PMET earning $4500 and above told to leave earlier than expected without co

actually, the company also quite harsh, should fufil the 2 months, what is a few days more...???

 

[MadrigalWheel]

Re: Local PMET earning $4500 and above told to leave earlier than expected without co

Maybe he was doing nothing but surfing internet all day at work during his notice period.

I remember quite a few fellas like this who kenna retrench last time.

Of course the company can't wait to ask you to fuck off.

 

[The_Hypocrite]

Re: Local PMET earning $4500 and above told to leave earlier than expected without co

Wow,,,in Singkieland it is great to be boss,,,,no wonder Ah Sam keep saying start your own biz,,,you can be profitable just by exploiting your employees

if one is not covered under the employment act then a lot will depends on the terms in the employment contract that was signed.
A company could suspect her employees from work under the gardening leave practice or even terminate your employment without notice if there is a violation of the employment terms(e.g insubordinate).
the employee can however bring the matter up to MOM or engage a lawyer to challenge the "unfair dismissal".
however, my advice for employees is always to leave on a amicable note if possible and NOT to "threaten" the employer like what gillbert suggested.

 

[Leongsam]

Re: Local PMET earning $4500 and above told to leave earlier than expected without co

Wow,,,in Singkieland it is great to be boss,,,,no wonder Ah Sam keep saying start your own biz,,,you can be profitable just by exploiting your employees

Where is the exploitation??

The biggest cheats at the workplace aren't employers. It's the employees who do not deliver on their side of the deal.

Ask yourself how many employees who are paid to do 8 hours of work a day actually put in 8 hours of effort. The majority spend working hours doing tasks unrelated to work or are simply idling their time away at the employer's expense.

 

[halsey02]

Re: Local PMET earning $4500 and above told to leave earlier than expected without co

Gilbert did no ask him this Golden question, "whom did he vote for", but then again, if this was another government..would things had been better..MAYBE!. He should have wished that he wasn't born here & his son(s) if any...serving N.S., what at joke.

Should have every day planned his future for a day like this! The writings is on the wall, life is so cushy, earning $4,500..driving a car he wouldn't need, having three kids he shouldn't have & staying in a condo etc..

Why is he whining? in the meantime, bite the bullet, find any temp jobs available, keep going... and sit down access his abilties, & if possible..once & for all be his own boss..he wouldn't have HR or CEO or whatever..he sack himself..

Forget about M.O.M. or the labor unions or... No wonder, people look down on SINkees..

 

[Big Sexy]

Re: Local PMET earning $4500 and above told to leave earlier than expected without co

hail leongsam. he always give very good advice, you guys should listen to him.

Wow,,,in Singkieland it is great to be boss,,,,no wonder Ah Sam keep saying start your own biz,,,you can be profitable just by exploiting your employees

 

[halsey02]

Re: Local PMET earning $4500 and above told to leave earlier than expected without co

hail leongsam. he always give very good advice, you guys should listen to him.

He is right to some extent, that should give many of us impetus to do better things than a generation of whiners I have come across. Of course, not all of us, can be a BOSS, but at least...we work hard & towards that.

What they do, get sack, get removed..they whine..if they are so good in the first place..the person would not have been in that situation unless it is extremely bad luck...life is too easy for many SINgaporeans...they need more spurs in the backside..

 

[DuYunQi]

Re: Local PMET earning $4500 and above told to leave earlier than expected without co

If what I know is correct.. and my knowledge of employment act and labour law is limited.. when an employee tenders a notice of resignation, and the company accepts it.. both parties will have to fulfill out the entirety of the period stated and agreed.

Now, if the company asked the employee if the employee wishes to leave earlier than the said last day, and the employee agrees (for whatever reason), then pay is up till the day the employee leaves the company. However, if the employee states it clearly that the last day has been notified, and also agreed by the company.. should the company decide to terminate the employee AFTER the employee has already tendered resignation.. it is not valid unless of certain circumstances... some that I know of would be, theft, fraud or a severe crime or disciplinary action.

From what I know, you can't fire a person if they have already resigned.. unless you have so solid reasons. Performance is definitely not one factor.. unless the company can really prove that during the notice period, the employee has done so badly that it has affected both company and other employees.

If the company wants the employee to leave early, they HAVE TO PAY THE EMPLOYEE UP TILL THE LAST DAY STATED IN THE RESIGNATION LETTER.

So, I feel that this person has been coerced and threatened by the HR into leaving early.. and I think it is a matter of principle, and perhaps some pride, that this employee wants to have some justice served to the company and to those who did this.

And I agree with Gilbert that there is a loophole in the employment act.. it doesn't protect ALL working individuals.. making me feel that there is a class division being ingrained onto us.. right when we start to work. And I feel that this is really cruel and unfair.

 

[The_Hypocrite]

Re: Local PMET earning $4500 and above told to leave earlier than expected without co

In singapore. We dont work 8 hrs a day. We are paid for 8 hrs but work 10 to 12 hrs is quite normal because we are given 10 to 12 or 14 hours of work.. Bosses also have it easy as they can easily hire n fire without repercussions like unfair dismissal etc. Tat y bosses are exploiting their workers. N throught exploitation they get richer. So if tat is not exploitation i dont know wat is.

Where is the exploitation??

The biggest cheats at the workplace aren't employers. It's the employees who do not deliver on their side of the deal.

Ask yourself how many employees who are paid to do 8 hours of work a day actually put in 8 hours of effort. The majority spend working hours doing tasks unrelated to work or are simply idling their time away at the employer's expense.

 

[Leongsam]

Re: Local PMET earning $4500 and above told to leave earlier than expected without co

In singapore. We dont work 8 hrs a day. We are paid for 8 hrs but work 10 to 12 hrs is quite normal because we are given 10 to 12 or 14 hours of work..

Spending 10 to 12 hours at the office does not equate to 10 to 12 hours of work. I know exactly what happens in sinkie offices. I used to work in one both as employee and employer.

 

[Agoraphobic]

Re: Local PMET earning $4500 and above told to leave earlier than expected without co

Dear Philip:

If you feel you have been unfairly treated by your employer, there is little you can do to legally fight back (I know it sucks, but office is autocratic, not democratic). the best solution is to get a shotgun, go back during regular office hours, and blast the weapon at those who you wish to take out. In the US, this is known as "going postal." And its happened before.

Cheers!