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A matter of employment
My husband has been working full-time in his current company for one years and five months.
Two weeks ago, he applied for four days leave. One week after he sent in his application, the manager gave him a letter of termination (last day being 12 Dec 2009) stating that the company was not satisfied with my husband's work performance.
He has never received any warning letters before.
My husband has to make deliveries to the town area, sometimes to PSA or even Sentosa. The traffic conditions and wait time in the town area makes it difficult for him to deliver to more than 16 places.
However the company has demanded he go back to the company to make a second trip.
By the time he reaches the company after he has made his first round, it would be about 5:00 pm. He starts work at 7.30 am daily.
If he were to work overtime to deliver to more areas, it would mean that he has to exceed the weight limit.
The company does not pay out overtime too. My husband has explained his situation to the manager but she has refused to listen.
The previous driver who was on this delivery route also made at the most 16 deliveries.
My questions are:
1. Can he lodge a complaint to the Ministry of Manpower?
2. At this point of time, is he entitled to his 13th month bonus?
Based on your description of what happened, here are the answers to your two questions:
1. Can your husband lodge a complaint to the Ministry of Manpower?
According to the Ministry of Manpower's website,
“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.
“If the employer has given notice and the contractual terms of termination are complied with, the onus would be on the employees to show proof that the dismissal is unfair.
“If it can be established that an employee was unfairly dismissed, the Minister may consider reinstating the employee in his former employment or ordering a sum of money as compensation as the Minister deems fit.”
The website states also that ‘dismissal’ means termination of the contract of service of an employee by his employer, with or without notice and whether on grounds of misconduct or otherwise.
2. Is your husband entitled to his 13th month bonus?
For this question, you may wish to consult directly with MOM or seek legal advice, as they may be in a better position to advise you.