Monthly Archives: December 2016

What’s new in 2017?

2017

The year is coming to an end. I had summarised some of the new changes we should take note of from Ministry of Manpower (MOM):

Mandatory Retrenchment Notifications – Effective 01 Jan 2017
Companies are required to inform MOM within 5 working days (from the day it was made known to employees) on any retrenchment exercise.

1 additional week of Paternity Leave – Effective 01 Jan 2017
In total, fathers will be entitled to 2 weeks of Paternity Leave.

Increased Qualifying Salary for Employment Pass – Effective 01 Jan 2017
Qualifying salary for Employment Pass will be raised from the current $3,300 to $3,600.

8 additional weeks of Adoption Leave – Effective 01 July 2017
At the moment, eligible mothers are entitled to 4 weeks. By 01 July 2017, it will be extended to 12 weeks.

3 additional weeks of Shared Paternity Leave – Effective 01 July 2017
From the current 1 week, husbands can now share up to 4 weeks of their wives maternity leave (provided your wife agree…).

References:

MOM – Mandatory Retrenchment Notifications
Paternity Leave
Shared Paternity Leave
Adoption Leave
Eligibility for EP

Using Hourly Rate for Rest Day Pay

While we use hourly rate to calculate for OT rate, we have to use the basic rate of pay (based on Basic Salary) for calculating Rest Day pay, as per the provision(s) in the Employment Act.

Aside, you can refer to another similar FAQ for Rest Day pay:
Working on Rest Day considered for Overtime Pay?

Reference can be found under my Page “Sources”:
Rest Day Pay

Withdrawing Your Resignation

Having second thoughts on your resignation? Bad news for you.

The Employment Act does not have any provisions for withdrawal of resignation, and thus your employer has the every right to reject your request to withdraw your resignation. Having said that, I would say nothing is absolute for there is the Common Law for you to tap on (if you feel a need to go to that).

 

Deduction of Salary for Damaging Company Properties

In the course of employment, an employee accidentally broke a vase bought by the company for “Feng Shui” purposes while doing his cleaning duties. The value of the vase stood at $10,000, and it was instructed to deduct the amount from the employee’s salary. As the employee earned $2,300 a month, they planned to recover the full amount in installments. The question is, can they do that?

At a moment, I was thinking what is the difference between company properties and company goods. I would say company goods are items that are to be sold, or given to clients, whereas company properties, which can also include the former, include also items that are considered assets that are meant to be used by the company itself?

As far as I interpret the terms in the Employment Act, if the employee is covered, it might not be legal (under the Act) to recover the amount. It is mentioned that we can deduct if – due to negligence – the employee damaged / lost the company goods entrusted expressly to him, amount to be caped at 25% of the employee’s salary. Prior to the deduction, the employee must be given an opportunity to raise his cause against it.

Am coming from the point that the vase is a company property, and not a good. Further, even if it is arguable that he shall be responsible, the amount to recover must be within the cap, and in 1 lump sum payment – recovering in installments is not allowed.

What do you think?

Reference:
EA Statute (Part III, Section 27(1b)

Payment for Replacement of Lost / Damaged Work Pass

Who shall bear the cost of replacing work pass that has been lost / damaged?

Whether or not it is a Work Permit, S Pass, or Employment Pass, if it is a first replacement, employer can recover the cost from the employee, if it is due to the employee negligence. However, subsequent replacement costs shall be bear by the employer.

Do also take note that if the permit has been lost, police report has to be lodged.

Reference can be found under my Page “Sources”:
Work Pass Conditions

Can I refuse to allow my employee to offset his notice period?

If your employee is covered by the Employment Act, he / she has the right to use his / her Annual Leave to offset his notice period.

There are people who will ask, if they are allowed to use their outstanding Off-in-lieu for offsetting their notice period. For such, it is not govern by the legislation and thus, it is down to contractual agreement.

Reference can be found under my Page “Sources”:
Termination with Notice

I had resigned. Can my employer force me to consume my outstanding Annual Leave?

If you are covered by the Employment Act, your employer cannot force you to do so. There must be agreement on your part. Same applies if you would like to clear your Annual Leave, agreement must comes from both parties.

Reference can be found under my Page “Sources”:
Termination with Notice