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non payment of salary by employer

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sanmaxsan
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non payment of salary by employer

Postby sanmaxsan » Thu, 09 Oct 2014 5:16 pm

Hi,

I am a EP holder. Recently I have changed my job in September. My previous employer has not released my salary for August. They are just postponing when ever I call them. Can anyone please tell me what are my options if my previous employer did not pay my salary due? Thanks.

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the lynx
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Re: non payment of salary by employer

Postby the lynx » Thu, 09 Oct 2014 5:17 pm

sanmaxsan wrote:Hi,

I am a EP holder. Recently I have changed my job in September. My previous employer has not released my salary for August. They are just postponing when ever I call them. Can anyone please tell me what are my options if my previous employer did not pay my salary due? Thanks.


Is it because of the income tax due?

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Wd40
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Postby Wd40 » Thu, 09 Oct 2014 5:45 pm

+1. Log in to IRAS and see if your NOA is generated and then see if they have paid the tax. They will give you back whatever remains after paying the tax. It takes time in some cases.

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Re: non payment of salary by employer

Postby AngMoG » Thu, 09 Oct 2014 5:54 pm

the lynx wrote:
sanmaxsan wrote:Hi,

I am a EP holder. Recently I have changed my job in September. My previous employer has not released my salary for August. They are just postponing when ever I call them. Can anyone please tell me what are my options if my previous employer did not pay my salary due? Thanks.


Is it because of the income tax due?


First clarify this ^^^

Then take the normal payroll processing into account. When October payroll is processed, the outstanding amount should be released to you at the latest.

Also, please don't just call them, write emails at least so there is proof in writing. Escalate if necessary:
  • 1 email before the October payroll, reminding them politely of the salaries owed, and asking to process it with October payroll by end of October. You can calculate income tax due online to see how much you are owed.
  • If not released by end of October, another email giving them a short deadline (1-2 weeks) for payment of outstanding salaries
  • If deadline passes without payment, get a lawyer and have an official letter of demand written, with short deadline (1 week).
  • If still nothing, file a suit with the Singapore courts. Most likely, they will settle.


I am assuming that you earn at least 3.5-4K per month, otherwise the whole thing probably won't be worth it monetarily. The lawyer costs including filing of suit and negotiating a settlement would probably come out to 700-1000 SGD at least.

sanmaxsan
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Postby sanmaxsan » Thu, 09 Oct 2014 10:34 pm

Hi,

Thanks for your replies.

No this is not a Income Tax issue as my income tax was deducted from July salary. Income Tax is cleared already.

I need to get my August salary. The pay date is 7th of each month. So I have been emailing and calling them, they just postpone everyday. I will wait for one more week since this employer would always delay salary payments by a week from pay date.

Can I complain to MOM?

Thanks all for your advice.

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sundaymorningstaple
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Postby sundaymorningstaple » Thu, 09 Oct 2014 11:02 pm

Yep, you sure can and should. By law, they must pay salary no later than 7 days after the close of the pay period.

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Postby AngMoG » Fri, 10 Oct 2014 11:21 am

sundaymorningstaple wrote:Yep, you sure can and should. By law, they must pay salary no later than 7 days after the close of the pay period.


They won't do anything unless you are covered by the employment act (not sure what the criteria are now). And even then, they may not help much.

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sundaymorningstaple
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Postby sundaymorningstaple » Fri, 10 Oct 2014 11:59 am

If he's PMET material he's covered up to 4.5K/mo now, I believe, for certain things, anyway. Not sure how far this goes in actual practice though.

http://www.mom.gov.sg/employment-practi ... vices.aspx

Tripartite Mediation for PMEs – Professionals, Managers and Executives (PMEs) who earn a monthly basic salary of up to $4,500, employed in a non-unionised company and have joined any registered trade union as individual members (without full or limited representation rights) are eligible for tripartite mediation.

Tripartite mediation process will cover three types of common employment disputes - (a) salary arrears, (b) payment of retrenchment benefits, and (c) breach of individual employment contracts. You may approach your trade union or federation (that the trade union is affiliated to) for more information and for assistance to submit your case to MOM for tripartite mediation. For more information, please click pdf HERE for 'A guide to Tripartite Mediation'.


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