I GOT FIRED FROM WORK WITHOUT MY PAY!

novelltie SG

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.

FireIce SG

got reason wat
u all no read ah

novelltie SG

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?

mamamamama SG

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?

freedom4ever SG

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.

maurizio13 SG

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

Payment on dismissal or termination by employer.
22. Subject to the provisions of this Act, the total salary and any sum due to an employee who has been dismissed or whose contract of service is terminated by his employer shall be paid on the day of dismissal or termination, as the case may be, or, if this is not possible, within 3 days thereafter, not being a rest day or public or other holiday.

deathman SG

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

maurizio13 SG

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;

(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.
11. —(1) Either party to a contract of service may terminate the contract of service without notice or, if notice has already been given in accordance with section 10, without waiting for the expiry of that notice, by paying to the other party a sum equal to the amount of salary at the gross rate of pay which would have accrued to the employee during the period of the notice and in the case of a monthly-rated employee where the period of the notice is less than a month, the amount payable for any one day shall be the gross rate of pay for one day’s work.

(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.

maurizio13 SG

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)

maurizio13 SG

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.

maurizio13 SG

Talk to your HR manager, if your HR manager does not address your problem, then go MOM.

renze SG

wah learn alot sia.. thx m13

methanol SG

A simple phone call to MOM first will do. Some forumers here mentioned severance pay, you might want to run that through MOM before requesting for it (though I'm pretty sure there is no entitlement in your case).

Cheers.

skythewood SG

talk to manager first, MOM next.

mancha SG

Don't worry about what the contract says.

You are entitled to be paid for your work.

Go back and ask for your pay (nicely), or go to MOM.

deathman SG

ok i will ask thank you very much

parn SG

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.

How come your pay so little?

You can try sueing them for underpaying you?

Somebody should do something about this.....how can anyone earn only $600+ only???????

ChoCoChips SG

How come your pay so little?

You can try sueing them for underpaying you?

Somebody should do something about this.....how can anyone earn only $600+ only???????

600+ in 12 days.. quite reasonable wad.

parn SG

600+ in 12 days.. quite reasonable wad.

So it's 12 days for 600+? or 1 month?

Even if it's 12 days....isn't that low too????

That's $50/day without CPF?????

skythewood SG

that's the going rate. think $6 per hour for 8 hours.

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