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How to make Complaint against my Employer ?

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Eu_paul
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How to make Complaint against my Employer ?

Postby Eu_paul » Fri, 10 Feb 2017 4:25 pm

EP holder from India, Being in Singapore for last 3 months, employed via an Agency. Since the assignment with the proposed client(Banking and Finance) is not started, these Guys are not ready to pay salary.

3 weeks back, warned them about legal proceedings by sharing this link http://www.mom.gov.sg/employment-practices/salary/paying-salary, processed salary for half a month.

Really getting tough time, how do i reach out to MOM ?

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ecureilx
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Re: RE: How to make Complaint against my Employer ?

Postby ecureilx » Fri, 10 Feb 2017 5:28 pm

Eu_paul wrote:EP holder from India, Being in Singapore for last 3 months, employed via an Agency. Since the assignment with the proposed client(Banking and Finance) is not started, these Guys are not ready to pay salary.

3 weeks back, warned them about legal proceedings by sharing this link http://www.mom.gov.sg/employment-practices/salary/paying-salary, processed salary for half a month.

Really getting tough time, how do i reach out to MOM ?


Read your terms of employment?

You can't make a consultant pay you for no work.

Since you are under a consultant - high chance MOM won't entertain your gripe.

And since you are on EP pay grade, even lesser they would care.

They take work permit complaints more seriously, FYI.

Pray how are you planning to sue them ?

Mom won't sue on your behalf, FYI

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Re: How to make Complaint against my Employer ?

Postby Eu_paul » Fri, 10 Feb 2017 5:57 pm

Thanls ecu. Understood.

The employment contract doesn't say no payment until i start working with a 3rd party client. Officially a EP holder can stay in Singapore for more than 90 days without Salary ? Does it count as Breach of Employment contract ?

They had issued my EP card with in 4-5 days after arrival, (keeping in mind validity of IPA is 30 days) Now asking me to wait 'N' days. If the assignment was not available with a client, shouldn't the Contractor be cancelling my EP and send back home ?

when i ask them at-least to do it, they say Discussion is in progress with the client and expecting a good news soon, hearing this for Last 2 months :(.

Is there any option to make a claim/report against them ? Or just stay back and wait for update for unknown period.

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PNGMK
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Re: How to make Complaint against my Employer ?

Postby PNGMK » Fri, 10 Feb 2017 6:45 pm

Ask them for an advance on your salary. If they say no hand in your resignation and go home.
I have gay, black, Asian friends and then JR8.

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ecureilx
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Re: RE: Re: How to make Complaint against my Employer ?

Postby ecureilx » Sat, 11 Feb 2017 1:46 am

PNGMK wrote:Ask them for an advance on your salary. If they say no hand in your resignation and go home.

Painful truth.

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Re: RE: Re: How to make Complaint against my Employer ?

Postby ecureilx » Sat, 11 Feb 2017 1:59 am

Eu_paul wrote:Thanls ecu. Understood.

The employment contract doesn't say no payment until i start working with a 3rd party client. Officially a EP holder can stay in Singapore for more than 90 days without Salary ? Does it count as Breach of Employment contract ?

They had issued my EP card with in 4-5 days after arrival, (keeping in mind validity of IPA is 30 days) Now asking me to wait 'N' days. If the assignment was not available with a client, shouldn't the Contractor be cancelling my EP and send back home ?

when i ask them at-least to do it, they say Discussion is in progress with the client and expecting a good news soon, hearing this for Last 2 months :(.

Is there any option to make a claim/report against them ? Or just stay back and wait for update for unknown period.


You came knowing you are being brought in by an agency / consultant who needs to place you at a client site, right ?

Breach of contract ? So what's your contract with the Agency ? They will pay you regardless you work from their pocket ?

As I told MOM (correctly) doesn't have time for cases like yours, where there is a contract within a contract, and doesn't follow normal employer / employee contracts - and if it goes belly up - no client wants you - that's the risk YOU took coming to work for a consultant. Body shops ...

As PNGMK said, tell your agent to pay you or go home till they find you a client, so you can be paid. There's no two way, from what I have seen in cases like this.

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Re: How to make Complaint against my Employer ?

Postby Eu_paul » Mon, 13 Feb 2017 1:08 pm

PNGMK wrote:Ask them for an advance on your salary. If they say no hand in your resignation and go home.


Thanks PNGMK, asked for an advance, they have agreed to release.

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Re: RE: Re: How to make Complaint against my Employer ?

Postby Eu_paul » Mon, 13 Feb 2017 1:14 pm

ecureilx wrote:
You came knowing you are being brought in by an agency / consultant who needs to place you at a client site, right ?

Breach of contract ? So what's your contract with the Agency ? They will pay you regardless you work from their pocket ?

As I told MOM (correctly) doesn't have time for cases like yours, where there is a contract within a contract, and doesn't follow normal employer / employee contracts - and if it goes belly up - no client wants you - that's the risk YOU took coming to work for a consultant. Body shops ...

As PNGMK said, tell your agent to pay you or go home till they find you a client, so you can be paid. There's no two way, from what I have seen in cases like this.


Understanding the Pain. I was looking at "SIXTH SCHEDULE" of the pass conditions, could see a clausehttp://www.mom.gov.sg/~/media/mom/documents/services-forms/passes/wpspassconditions.pdf

2. The employer shall pay not less than the fixed monthly salary due to the
foreign employee for the month. The payment shall be made not later than 7 days
after the end of the salary period. Any salary period agreed between the employer
and the foreign employee shall not exceed one month.


Getting confused with what you said now..

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ecureilx
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Re: RE: Re: RE: Re: How to make Complaint against my Employer ?

Postby ecureilx » Mon, 13 Feb 2017 1:20 pm

Eu_paul wrote:Understanding the Pain. I was looking at "SIXTH SCHEDULE" of the pass conditions, could see a clausehttp://www.mom.gov.sg/~/media/mom/documents/services-forms/passes/wpspassconditions.pdf

2. The employer shall pay not less than the fixed monthly salary due to the
foreign employee for the month. The payment shall be made not later than 7 days
after the end of the salary period. Any salary period agreed between the employer
and the foreign employee shall not exceed one month.


Getting confused with what you said now..


to repeat, you are not on a regular employer / employee contract but on a consultant contract. So it's not so cut and straight.

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PNGMK
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Re: How to make Complaint against my Employer ?

Postby PNGMK » Mon, 13 Feb 2017 2:27 pm

Eu_paul wrote:
PNGMK wrote:Ask them for an advance on your salary. If they say no hand in your resignation and go home.


Thanks PNGMK, asked for an advance, they have agreed to release.



Good - that's a positive sign they believe they have a contract coming.

Now next time make sure you request an "on hire" and a "standby" rate. That way when you're not yet on hire you can at least get a subsistence wage. In my industry typically 'standby' is about 30% to 45% of on hire.

Another way to do it is to put in your contact a 'per diem' to be paid regardless of whether your on hire (per diem + job rate = normal full rate). Once again it keeps you alive until you get to work.

FFS what do they teach you in the socialists paradise called Europe?
I have gay, black, Asian friends and then JR8.

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Re: How to make Complaint against my Employer ?

Postby Wd40 » Mon, 13 Feb 2017 4:14 pm

Ecureilx. Why are you complicating things? It doesn't matter consultant, company, client or employer.

Basically this guy has been brought into Singapore by an entity(call it whatever you want) by applying for an EP.

That is all that matters. The entity on whoes payroll the guy is, is basically the entity that has applied for the EP and this entity has to pay salary, regardless of whether the guy has got work at the client or whether this entity got paid by the end client.

A consultant cannot bring someone into Singapore without paying EP salary month by month.

OP, contact Mom and complain.

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ecureilx
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Re: RE: Re: How to make Complaint against my Employer ?

Postby ecureilx » Mon, 13 Feb 2017 4:44 pm

Wd40 wrote:Ecureilx. Why are you complicating things? It doesn't matter consultant, company, client or employer.

Basically this guy has been brought into Singapore by an entity(call it whatever you want) by applying for an EP.

That is all that matters. The entity on whoes payroll the guy is, is basically the entity that has applied for the EP and this entity has to pay salary, regardless of whether the guy has got work at the client or whether this entity got paid by the end client.

A consultant cannot bring someone into Singapore without paying EP salary month by month.

OP, contact Mom and complain.

Sent from my Redmi Note 2 using Tapatalk

I am not complicating.

My experience has been, better to work it with the consultant than go to MOM.

MOM has been disregarding situations like above

If you have some insight how MOM will handle the complaint, do share.

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Re: How to make Complaint against my Employer ?

Postby Eu_paul » Wed, 15 Feb 2017 12:34 pm

Wd40 wrote:Ecureilx. Why are you complicating things? It doesn't matter consultant, company, client or employer.

Basically this guy has been brought into Singapore by an entity(call it whatever you want) by applying for an EP.

That is all that matters. The entity on whoes payroll the guy is, is basically the entity that has applied for the EP and this entity has to pay salary, regardless of whether the guy has got work at the client or whether this entity got paid by the end client.

A consultant cannot bring someone into Singapore without paying EP salary month by month.

OP, contact Mom and complain.

Sent from my Redmi Note 2 using Tapatalk


Ecurelix turning out to be true here. I have reached out to MOM to understand what can be done in this situation, who advised EP holders drawing >4.5k and not in director/executive role doesn't fall under Employment act.

Only option is to seek assistance from a lawyer, but at this moment i am not financially capable of handling it, even it's 100sgd.

Usually an agency decides the final call and EP holders are not protected?



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Re: RE: Re: How to make Complaint against my Employer ?

Postby ecureilx » Wed, 15 Feb 2017 9:32 pm

Eu_paul wrote:
Ecurelix turning out to be true here. I have reached out to MOM to understand what can be done in this situation, who advised EP holders drawing >4.5k and not in director/executive role doesn't fall under Employment act.

Only option is to seek assistance from a lawyer, but at this moment i am not financially capable of handling it, even it's 100sgd.

Usually an agency decides the final call and EP holders are not protected?



Sent from my iPhone using Tapatalk


because white collar workers (executive grade staff) are supposed to be intelligent and know what they signed up for. Unlike uneducated or less educated blue collar workers.

Going to a lawyer most likely won't work, unless you can prove you been conned. And if you win the case, the good lawyer will take half of your back pay :)

so it will be operation success, patient dead !

Try to work it out with your consultant.

Or see what WD40 can advice ...

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Re: How to make Complaint against my Employer ?

Postby subashgk007 » Wed, 10 May 2017 3:57 pm

Eu_paul wrote:Thanls ecu. Understood.

The employment contract doesn't say no payment until i start working with a 3rd party client. Officially a EP holder can stay in Singapore for more than 90 days without Salary ? Does it count as Breach of Employment contract ?

They had issued my EP card with in 4-5 days after arrival, (keeping in mind validity of IPA is 30 days) Now asking me to wait 'N' days. If the assignment was not available with a client, shouldn't the Contractor be cancelling my EP and send back home ?

when i ask them at-least to do it, they say Discussion is in progress with the client and expecting a good news soon, hearing this for Last 2 months :(.

Is there any option to make a claim/report against them ? Or just stay back and wait for update for unknown period.


Not sure if this has been sorted out, disputes with employment agencies can be handled via Small claim tribunals. By looking at experts reply, not sure if you fall under category. Still worth to check with, also Form 11A to be used. https://www.statecourts.gov.sg/SmallClaims/Documents/FORM%2011A%20_%20APPEAL%20(REGISTRAR)%20_%20PROTECTED%20EDITABLE%20_%207%20NOV%202014.doc

This is what i see in MOM site,

"If it is a dispute over the service agreement which cannot be resolved through mediation, you could consider consulting the Small Claims Tribunal. You can also get in touch with the Association of Employment Agencies (Singapore) (AEAS) at 6836 2618 for dispute resolution."

Please note: As Ecurelix said, Lawyers support is really costly in singapore. They would charge anything from 250sgd/hour <<< Yes, that's true..!

Also you could try in any of the legal discussion forums
http://www.legalhelp.com.sg
https://www.lawguage.com


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