RE-TRENCHMENT RIGHTS

[martincymru]

FACT: RETRENCHED 04AUG2017. 2 MONTHS NOTICE, PER CONTRACT = 04OCT2017.

They require me to vacate office on 04Sept2017 but will pay salary to 04Oct2017. I accept this.

However I received said letter as follows which confuses me in that should the 04Sept2017 date be 04Oct2017?

In addition to salary you will be paid:
" Pro-rated Short term incentive (individual portion) for Financial Year 2017/2018 for the period from 1April 2017 to 04 Sept 2017.
d) Annual Wage Supplement (AWS) for the period from 1January2017 to 04Sept2017".

Is my employer aligned with applicable laws?

[sundaymorningstaple]

Is there anything in your contract stating incentives and AWS are to be prorated upon termination/resignation prior to the end of the fiscal or calendar year (whichever is being used for computational purposes. I don't remember the law requiring AWS to be prorated but most companies tend to, if say 2/3'rds of the year have been completed. I reckon the short term incentive, not being a part of MOM law, would also be subject to their interpretation unless it is spelled out in the contract. Is your AWS written into your contract? Provision for prorating for short year? A lot of contracts are written today without AWS (or end of year bonus). A lot of companies still give it, but about the only time it's ironclad to receive is if you are in a Union Shop and in in the Union Collective Agreement. We've never had a bonus in our companies (but we get one on/around the employee's major religious festival which splits it up over the course of the year. As it's not fixed it's subjective on the boss's feelings at any given point in time. :-/

[PNGMK]

FACT: RETRENCHED 04AUG2017. 2 MONTHS NOTICE, PER CONTRACT = 04OCT2017.

They require me to vacate office on 04Sept2017 but will pay salary to 04Oct2017. I accept this.

However I received said letter as follows which confuses me in that should the 04Sept2017 date be 04Oct2017?

In addition to salary you will be paid:
" Pro-rated Short term incentive (individual portion) for Financial Year 2017/2018 for the period from 1April 2017 to 04 Sept 2017.
d) Annual Wage Supplement (AWS) for the period from 1January2017 to 04Sept2017".

Is my employer aligned with applicable laws?

Sorry to hear you've lost your job. My only advice of any use is to talk to other people from the same company if they've been retrenched and see what they've been offered. That's how we (in a big MNC) are keeping them honest. Secondly unless you REALLY want to be there I would see if you could actually leave early with the same payout and start your job search / packing up. I hate serving that last month. Finally I would have expected a 2 week basic pay per year of service redundancy payment as well; while not in law the gahment is pretty insistent that anybody but a very small company pay this; another reason to talk to colleagues in the same boat (we get one month per year of service but I know that's pretty exceptional).

[sundaymorningstaple]

The 2 wk/year also trickles down to even non-redundancy even if you follow the letter of the law here. However, if you have been with the company less than 2 years the law here doesn't require you to pay a redundancy payout to anyone with less than 2 years service, you can

The other thing is it depends on the size of the retrenchment, or is it just redundancy as your position is being eliminated? The bigger the numbers, as noted by PNGMK, the better the payout.

[ecureilx]

Just for info, this was in last week's news here.

SINGAPORE - Sabre, a technology solutions provider for the airline and tourism sectors, will cut more than 900 jobs, including those in Singapore, The Straits Times has learnt.

Singapore is the firm's Asian headquarters.

Affected staff will be given a week's pay for each year of service, sources said.

[PNGMK]

Just for info, this was in last week's news here.

SINGAPORE - Sabre, a technology solutions provider for the airline and tourism sectors, will cut more than 900 jobs, including those in Singapore, The Straits Times has learnt.

Singapore is the firm's Asian headquarters.

Affected staff will be given a week's pay for each year of service, sources said.

Thanks, that's a shitty deal - I hope the gahment step in, also sent to a friend in the business.

[ecureilx]

Thanks, that's a shitty deal - I hope the gahment step in, also sent to a friend in the business.

PS, Sabre Asia 'was' majority owned by SG Gov, SQ

That's where my hazy MOM rules remember, Executive Grade =x MOM protection !

[CashewNut]

Most companies will pay the full AWS and any fixed bonus entitlement to avoid arguments. So if AWS due in December but get retrenched in June, they won't prorate the AWS into half unless the contract of employment says they can.

[ecureilx]

Most companies will pay the full AWS and any fixed bonus entitlement to avoid arguments. So if AWS due in December but get retrenched in June, they won't prorate the AWS into half unless the contract of employment says they can.

YMMV.

Most employers I worked with or saw contracts left AWS pro-rated. Though in a few contracts it was stated AWS is not applicable for a less than 1 year of service, and if the employee sailed through December, to avail the AWS. Though they did pay it for those who left ahead.

Don't know about commission as I was never in any commission scheme.