I've been offered a part time position with a company who's full time staff get 18 days of annual leave. They told me that i'll get 9 days or annual leave since I'm only working 4 hours a day for 5 days a week as opposed to a full time staff working 8 hours a day. However, they also said that each (half) day that I take my leave, i.e., the 4 hour work day, it'll be considered ONE day. Which means I am only entitled to 9 half days of leave a year, or 36hrs as opposed to the formula in MOM's website which i calculated to be 72hours total. May I know what is the practise as the company says I've interpreted the MOM guideline wrongly.
You are working part time which your normal working hour is only 4 hours per day and you are entitled to 9 days annual leave. Whichmean that your 1 working day is equivalent to 4 hours which in line to annual leave which is equivalent to 4 hours too. Your company practice is right.
By the way. minimum Employment Act Annual Leave entitlement for first year of service is 7 days, if you were given 9 days annual leave per year for part time job for first year of service, you should feel happy :)
Sunday
Night Shift Allowance Practice
What is the standard for the payment of night shift allowance – how do companies pay for part of hours worked? Do they pro-rate by the minute or do they round up or down to the nearest hour or half or quarter hour?
Common market practice to entitle for Night Shift Allowance is not based on the pro-ration, but based on the number of minimum hours work required. For example, you need to work for at least 3 hours and more after 12am to be entitled to night shift allowance.
Common market practice to entitle for Night Shift Allowance is not based on the pro-ration, but based on the number of minimum hours work required. For example, you need to work for at least 3 hours and more after 12am to be entitled to night shift allowance.
Labels:
Overtime,
Shift Workers
Monday
Annual Leave Statistic
May I know if there are any statistics which show the average annual leave which is given out in Singapore? Is there a average or minimum given out by industry, position and experience?
I have been offered a contract which only provides for 8 days of annual leave, as the employer says he took it from the Union's website (i.e MOM). But accordingly, that minimum of 7 days is covered by the Employment Act which is namely for foreign workers and/or employees who earn less than $1600 a month. May I know if there are any statistics or averages which I am able to show my employer to negotiate and ask for more leave, as with the industry average? Most of the companies I know have at least a minimum of 14 days.
You are right that the Part IV of the employment Act covers the workman or employee who is earning S$2000 and less. Which mean that if you are not under this category, it is up to the terms of the contract between the company and the employee.
I have earlier posted the statistic of annual leave in the market, and this data provided by MOM in the following http://www.sghrm.com/2009/01/employment-statistic-annual-leave.html.
I have been offered a contract which only provides for 8 days of annual leave, as the employer says he took it from the Union's website (i.e MOM). But accordingly, that minimum of 7 days is covered by the Employment Act which is namely for foreign workers and/or employees who earn less than $1600 a month. May I know if there are any statistics or averages which I am able to show my employer to negotiate and ask for more leave, as with the industry average? Most of the companies I know have at least a minimum of 14 days.
You are right that the Part IV of the employment Act covers the workman or employee who is earning S$2000 and less. Which mean that if you are not under this category, it is up to the terms of the contract between the company and the employee.
I have earlier posted the statistic of annual leave in the market, and this data provided by MOM in the following http://www.sghrm.com/2009/01/employment-statistic-annual-leave.html.
Labels:
Annual Leave
Training Bond
My company engaged foreign workers under Work Permit and we understand it to be for a period of 2-years.
However, before the completion of 2-years, my staffs tendered their resignation, giving us the required period of notice.
We have invested time and resources on training these workers, is there any ways which we can claim compensation from them? Is there any clauses we can include in the employment contract to prevent such cases from happening again?
The length of the work permit is the valid period where the workers are allowed to work in Singapore, under each pass. Employee has the right to tender resignation based on the notice period stated in the contract, eg one month or one week.
You are not allowed to ask the employee to pay for the on job training you provided during the employment unless if there is any training bond, when you sent your employee to go for specific training, usually external training.
However, before the completion of 2-years, my staffs tendered their resignation, giving us the required period of notice.
We have invested time and resources on training these workers, is there any ways which we can claim compensation from them? Is there any clauses we can include in the employment contract to prevent such cases from happening again?
The length of the work permit is the valid period where the workers are allowed to work in Singapore, under each pass. Employee has the right to tender resignation based on the notice period stated in the contract, eg one month or one week.
You are not allowed to ask the employee to pay for the on job training you provided during the employment unless if there is any training bond, when you sent your employee to go for specific training, usually external training.
Labels:
Training Bond
MCYS Website
I am the administrator for a small company of 7 staff. How do I apply and who do I refer to for the Government-Paid Maternity Leave (the balance of 8 weeks after the first mandatory 8 weeks of paid-by-company Maternity Leave)?
You may refer to the MCYS hyperlink at :
Labels:
Maternity Leave
Tuesday
Daily Rate
Question:
The formula used in my company to obtain the daily rate of pay is wrong.
For e.g, one staff with a basic salary of $1,430, his/her daily rate is calculated using this formulae of monthly rate * 12/314
And if staff were to take no pay leave, we just need to calculate the days of no pay leave using the daily rate, and deduct from the monthly rate.
My questions are
1) Is this the right way to calculate, as i suppose there is another way for an more accurate calculations.
2) The formulae of monthly rate * 12/314, which i suppose is wrong
3) If this is the company practice since day one, then how are we suppose to change it?
1) There are 3 ways to obtain the daily rate salary, all for different purposes:
Condition A
For incomplete month of service (new joiner or resignee), unpaid leave, NS leave:
(Total no. actual worked / total no. working days in a month) x monthly salary
Condition B
To calculate payment in lieu of notice, deduction pay for each day of absence, pay annual leave in lieu, encash annual leave
(12 / 52 x number of working days required to work in a week) x monthly salary
Condition C
To calculate overtime
(12 / 52 x number of total working hours in a week) x monthly salary
2) For purpose of calculating unpaid leave, it should use Condition A above in answer (1). As such, the formula you used is incorrect.
I am not sure how the 314 comes about unless you are able to let me know more information about your working hour and working days. You may refer to Condition B and Condition C above to get daily rate for different purposes.
3) Condition A is under Employment Act Section 20A (1) and about the unconsumed annual leave in Condition B is under Employment Act Section 43 (7). Depends who your boss is, you may wish to highlight to your HR Manager about the incorrect formula used and to get proper approval to change the formula.
The formula used in my company to obtain the daily rate of pay is wrong.
For e.g, one staff with a basic salary of $1,430, his/her daily rate is calculated using this formulae of monthly rate * 12/314
And if staff were to take no pay leave, we just need to calculate the days of no pay leave using the daily rate, and deduct from the monthly rate.
My questions are
1) Is this the right way to calculate, as i suppose there is another way for an more accurate calculations.
2) The formulae of monthly rate * 12/314, which i suppose is wrong
3) If this is the company practice since day one, then how are we suppose to change it?
1) There are 3 ways to obtain the daily rate salary, all for different purposes:
Condition A
For incomplete month of service (new joiner or resignee), unpaid leave, NS leave:
(Total no. actual worked / total no. working days in a month) x monthly salary
Condition B
To calculate payment in lieu of notice, deduction pay for each day of absence, pay annual leave in lieu, encash annual leave
(12 / 52 x number of working days required to work in a week) x monthly salary
Condition C
To calculate overtime
(12 / 52 x number of total working hours in a week) x monthly salary
2) For purpose of calculating unpaid leave, it should use Condition A above in answer (1). As such, the formula you used is incorrect.
I am not sure how the 314 comes about unless you are able to let me know more information about your working hour and working days. You may refer to Condition B and Condition C above to get daily rate for different purposes.
3) Condition A is under Employment Act Section 20A (1) and about the unconsumed annual leave in Condition B is under Employment Act Section 43 (7). Depends who your boss is, you may wish to highlight to your HR Manager about the incorrect formula used and to get proper approval to change the formula.
Labels:
Payroll
Wednesday
Up to how many weeks can employer ask the employee to go for maternity before delivery?
Up to how many weeks can employer ask the employee to go for maternity before delivery? Can employer ask the employee to go for unpaid leave before the delivery due to operation needs?
Employee can consume her maternity leave 4 weeks before the delivery date and the rest of maternity leave (4 weeks or 8 weeks, depends on eligibility) after the delivery.
Under normal circumstances, employer cannot ask the employee to go for their no-pay leave. Employer shall re-deploy the employee to other work area instead.
Employee can consume her maternity leave 4 weeks before the delivery date and the rest of maternity leave (4 weeks or 8 weeks, depends on eligibility) after the delivery.
Under normal circumstances, employer cannot ask the employee to go for their no-pay leave. Employer shall re-deploy the employee to other work area instead.
Labels:
Maternity Leave
Tuesday
Notice Period
A staff tender a resignation and serving 2 months notice.
The company decided to release the staff early with only 1 month notice, can the company only pay the staff 1 month notice period or should the company compensate the staff for the other month? The staff is willing to serve the full notice period. Can the company insist the staff to go?
If the notice period is 2 months, either party employee or employer shall serve 2 months notice or pay 2 months salary in-lieu of notice to end the employment.
If the company insist the staff to go by serving only 1 month notice, unless the staff agrees, otherwise, the company shall pay the staff additional 1 month of salary in lieu of notice.
1 month notice + 1 month salary = 2 months
The company cannot insist the employee to serve only 1 month notice. The employee can file the complain to MOM on this matter.
If the notice period is 2 months, either party employee or employer shall serve 2 months notice or pay 2 months salary in-lieu of notice to end the employment.
If the company insist the staff to go by serving only 1 month notice, unless the staff agrees, otherwise, the company shall pay the staff additional 1 month of salary in lieu of notice.
1 month notice + 1 month salary = 2 months
The company cannot insist the employee to serve only 1 month notice. The employee can file the complain to MOM on this matter.
Labels:
Resignation
Dismissal
Is it acceptable to issue an employee in Singapore who is underperforming with a verbal warning, if his/her performance does not improve then a written warning can be issued?After an agreed timeframe if no improvement is seen then a final warning can be given possibly leading to dismissal of employment?
Yes, the above statement you mentioned is perfectly right.
However, you may want to take note the following:-
1) All warning letters must be properly filed, if possible to get the employee signature to endorse on it, if not, is still fine.
2) For verbal warning, it is good to document down, the date, venue, and the content of the discussion.
3) If possible, try to quantify the performance, if not, is ok.
4) If financially allowed, you may want to terminate the employee services instead of dismiss the employee, this will help to avoid unncessary issues.
Yes, the above statement you mentioned is perfectly right.
However, you may want to take note the following:-
1) All warning letters must be properly filed, if possible to get the employee signature to endorse on it, if not, is still fine.
2) For verbal warning, it is good to document down, the date, venue, and the content of the discussion.
3) If possible, try to quantify the performance, if not, is ok.
4) If financially allowed, you may want to terminate the employee services instead of dismiss the employee, this will help to avoid unncessary issues.
Labels:
Resignation
Sunday
Am I entitled to AWS if I left the company before AWS is paid?
Am I entitled to AWS if I left the company before AWS is paid?
In situations where an employee has left employment before the AWS is paid. It depends on whether it is clearly provided for in the employment contract or the collective agreement with the unions.
Usually, the contract will indicate that the employee still must in service during the AWS payout.
It is not advisable to indicate that the employee shall not entitled to AWS if they have tendered their resignation, because potentially, this will invite more disputes and employee grievances.
In situations where an employee has left employment before the AWS is paid. It depends on whether it is clearly provided for in the employment contract or the collective agreement with the unions.
Usually, the contract will indicate that the employee still must in service during the AWS payout.
It is not advisable to indicate that the employee shall not entitled to AWS if they have tendered their resignation, because potentially, this will invite more disputes and employee grievances.
Labels:
Bonus
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