Re posted from HR Singapore
Can company choose not to pay holiday pay as employee is already provided per diem while on overseas trip during Singapore public holiday?
Firstly, it is good to check if employee is covered under Employment Act first. If he/she is covered, my advice as follow:
Per diem generally refers to allowances given to staff for expenses incurred during overseas business trip. Such could be for lodging and food.
Public Holiday pay is not an allowance; a payment given to staff who worked on a Public Holiday for Public Holiday is a paid non-working day.
Unless the per diem payment given explicitly include the Public Holiday pay item (no less than 1 day basic), such should be separated from the per diem payment.
While there are no restrictions on clearing your Maternity Leave during notice period, you cannot use such leave to offset your notice period; meaning using such leave to shorten your notice period.
Reference can be found under my Page “Sources”:
Your leave has been approved by your superior. Subsequently, he retracted his approval, citing manpower issues.
Is this legal?
Unfortunate for you, the Employment Act does not govern such issues, where it stated clearly that annual leave consumption is subject to the approval of the company.
A similar FAQ can be found via MOM:
MOM FAQ on Employee Rights
If you are not married, or whose marriage is not recognised by Singapore, you will be entitled to 12 weeks of Maternity Leave (8 weeks paid) if you are covered under the Employment Act, and of course, had worked for your employer at least 3 continuous months.
If you have more than 1 living children at the time of delivery, you will not be entitled to the 8 weeks of paid Maternity Leave.
You can also find a similar FAQ at:
Reference can be found under my Page “Sources”:
- Can we deploy our foreign employees to queue for Bak Kwa?
This appeared in the news (see Migrant Workers Queue (Today)), where companies actually deployed their foreign employees to queue for Bak Kwa. While compensation was mentioned (half a day off, meal allowance, etc.), it is still illegal for both work permit and s pass holders as they are only allow to work in an occupation as stated in their permit card. Further, there is an issue on the compensation – is this during office hours or after? If it’s the latter, what about overtime payment?
Legal issues aside, while some foreigners are in favor of this arrangement (able to earn an extra income), I believe there will be some who are not willing to do so. Will this be fair for them?
The clauses on disallowing foreign workers to work in an occupation other than that as stated in their permit card can be found in my Page Sources: Work Pass Conditions. (Forth and Fifth Schedule)
- New HDB Rule for Non-Malaysians Work Permit Holders in the
Effective 01 Jan, non-malaysians work permit holders from the manufacturing sector can no longer rent a whole HDB unit, thought they can still rent individual rooms. Those who are currently still under their existing contracts can stay till it expire.
You can check out the news at HDB Rule Change (Today)
- Public Holiday Entitlements
As shared previously, check out Entitlements during Public Holidays for the FAQs on entitlements for public holiday.
Further, as CNY falls on a weekend, employees might be confused on their entitlements. You can check out on the various scenarios given at Scenarios of Work Schedule during CNY.
Lastly, we hope you had an enjoyable Chinese New Year!
Due to the fact that our upcoming Chinese New Year (CNY) is falling on the weekend, it has caused some confusion over Public Holiday entitlements (especially so for shift workers), where quite a number of employees thought that their Public Holiday entitlement for CNY is 3 days.
I had worked out some of the possible scenarios and summarized in the table below for your reference and/or sharing.
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…).
MOM – Mandatory Retrenchment Notifications
Shared Paternity Leave
Eligibility for EP