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My Ex-Employer paid me less than what was on contract, can i claim remaining salary ?

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stargate4ever
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My Ex-Employer paid me less than what was on contract, can i claim remaining salary ?

Post by stargate4ever » Mon, 12 Oct 2020 7:45 pm

Hello,

I have been in Singapore for more than 2 years now my first employer when i joined promised me (through WhatsApp discussion) that he will give me 500 less every month and then pay a 13th Month Salary as Annual Wage Supplement (AWS).

When the 13th month came the company owner said he won't pay it because its not in contract, however do note that the salary he was paying me was less-than what is actually mentioned in the contract. at that time i didn't get into much argument as I was afraid of loosing job.

Now I have left the company and did some research and found that company "must" pay what is on the contract and if they do not I can file a complaint at TADM.

So my question is how should i go with this should i contact the company via email/letter telling them to clear the unpaid dues or I will complain to TADM? I've good relations with that company and wouldn't like to make it look bad, but still the owner has not paid what was on-contract so I am confused how to deal with this?

In addition to this he started deducting a large percentage of salary from every employees salary including myself (few months before I left) and the reason he gave was COVID-19. can I claim this too?

I worked in the company for almost 2 years and the total amount for above claims becomes around 15k (based on my experience and nature of the owner, I am afraid he will be willing to pay the dues however I would still want to give it one try before taking this to the court - if that's an option)

Any question or suggestions you may have will be highly appreciated, i would also be deeply thankful if you can give me some idea of how to communicate with my ex-company owner about this.

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Re: My Ex-Employer paid me less than what was on contract, can i claim remaining salary ?

Post by TropicalExpat » Mon, 12 Oct 2020 8:01 pm

Tell MOM. He's in breach of contract

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Re: My Ex-Employer paid me less than what was on contract, can i claim remaining salary ?

Post by PNGMK » Tue, 13 Oct 2020 9:32 am

Of course you can claim it. You may need a solicitor but for this amount of money it is definitely possible to do so.
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Re: My Ex-Employer paid me less than what was on contract, can i claim remaining salary ?

Post by stargate4ever » Tue, 13 Oct 2020 11:08 am

Thank You for the feedback @TropicalExpat and @PNGMK appreciate it very much. I will definitely consider both your suggestions However I read on MOMs website that the employer must be informed in-writing and if they still fail to clear it I can file a salary claim at TADM.

Will look forward to other people responses as well.

Thank You and stay blessed

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Re: My Ex-Employer paid me less than what was on contract, can i claim remaining salary ?

Post by PNGMK » Tue, 13 Oct 2020 4:42 pm

Sometimes MOM action is limited by the salary level. I can't remember the limits.
I not lawyer/teacher/CPA.
You've been arrested? Law Society of Singapore can provide referrals.
You want an International School job? School website or http://www.ISS.edu
Your rugrat needs a School? Avoid for profit schools
You need Tax advice? Ask a CPA
You ran away without doing NS? Shame on you!

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Re: My Ex-Employer paid me less than what was on contract, can i claim remaining salary ?

Post by sundaymorningstaple » Wed, 14 Oct 2020 12:18 am


stargate4ever
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Re: My Ex-Employer paid me less than what was on contract, can i claim remaining salary ?

Post by stargate4ever » Wed, 14 Oct 2020 5:43 pm

Thank You all for the feedback, after careful consideration and thinking I have decided to send my ex-employer a pre-clearance email to allow this matter to be solved without any involvement from MOM / TADM as that could cause trouble for the company for breaching contract.

As said earlier I just want my money back and since there are good people working there, i wouldn't want anyone to get in trouble or at least give them a chance not to.

I have prepared this email (some information redacted) and will send it soon.
Hello XXXXXXX,

As you might recall during my employment period at XXXXXXX, starting from XXXXXXXX till XXXXXX I was paid XXXXXX SGD which is less than than the actual contracted salary of XXXX SGD. I was under the impression that a 13th month salary would be paid but when requested it was humbly denied.

So the total unpaid amount based on my contract sums up to XXXXXX SGD and I request you to transfer this to the account used for my salary disbursement, once you confirm I will sign and send a dues clearance letter for the records.

Please note If these dues remains uncleared until XXXXXXXX, I will file a salary claim to the authorities for rectification.

Thank You
Please feel free to recommend any changes you think are needed.

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Re: My Ex-Employer paid me less than what was on contract, can i claim remaining salary ?

Post by PNGMK » Wed, 14 Oct 2020 6:30 pm

Don't send that - the last sentence can be read as an attempt at extortion (i.e. a threat to something unless you are paid off), that is illegal here.

tread carefully grasshopper.

Please consult a solicitor. It won't cost much and you won't make it worse.

I think everyone here should NOT give OP any further advice - the only advice he needs is 'seek legal assistance'
I not lawyer/teacher/CPA.
You've been arrested? Law Society of Singapore can provide referrals.
You want an International School job? School website or http://www.ISS.edu
Your rugrat needs a School? Avoid for profit schools
You need Tax advice? Ask a CPA
You ran away without doing NS? Shame on you!

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Re: My Ex-Employer paid me less than what was on contract, can i claim remaining salary ?

Post by sundaymorningstaple » Wed, 14 Oct 2020 7:30 pm

PNGMK's last remark should be noted by all. Unless he is willing to engage TADM as the problem would suggest is the proper way, anything less than engaging legal counsel would be dangerous.

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Re: My Ex-Employer paid me less than what was on contract, can i claim remaining salary ?

Post by x9200 » Thu, 15 Oct 2020 6:46 am

PNGMK wrote:
Wed, 14 Oct 2020 6:30 pm
Don't send that - the last sentence can be read as an attempt at extortion (i.e. a threat to something unless you are paid off), that is illegal here.
Are you sure PNGMK? This is clearly not criminal intimidation so what makes it illegal?

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Re: My Ex-Employer paid me less than what was on contract, can i claim remaining salary ?

Post by PNGMK » Thu, 15 Oct 2020 9:16 am

x9200 wrote:
Thu, 15 Oct 2020 6:46 am
PNGMK wrote:
Wed, 14 Oct 2020 6:30 pm
Don't send that - the last sentence can be read as an attempt at extortion (i.e. a threat to something unless you are paid off), that is illegal here.
Are you sure PNGMK? This is clearly not criminal intimidation so what makes it illegal?
A threat with a counter offer to not act with an inducement is dangerous full stop. It reads to me as extortion but who knows what the SPF might say. Once again OP, seek legal advice before putting words to paper please.
I not lawyer/teacher/CPA.
You've been arrested? Law Society of Singapore can provide referrals.
You want an International School job? School website or http://www.ISS.edu
Your rugrat needs a School? Avoid for profit schools
You need Tax advice? Ask a CPA
You ran away without doing NS? Shame on you!

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Re: My Ex-Employer paid me less than what was on contract, can i claim remaining salary ?

Post by x9200 » Thu, 15 Oct 2020 9:44 am

Nothing unsafe in threatening with legal action or informing the authorities. Lawyers write hundreds of such threats every day.

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Re: My Ex-Employer paid me less than what was on contract, can i claim remaining salary ?

Post by PNGMK » Thu, 15 Oct 2020 10:51 am

x9200 wrote:
Thu, 15 Oct 2020 9:44 am
Nothing unsafe in threatening with legal action or informing the authorities. Lawyers write hundreds of such threats every day.
No I disagree, lawyers now how to write a threat that will not be an extortion. The problem is in his phrasing. He states that unless something is delivered to him, he will do some harm. He should seek legal advice on how to phrase his letter. The relevant act is below. Note that the harm done can be "legal" (i.e. reporting someone). The issue will then become whether he was acting dishonestly or not... but then he has more problems that just unpaid wages. Also a letter on a legal letterhead has much more punch.

224 P 383
Whoever intentionally puts any person in fear of any harm to that person or to any other person, in body, mind, reputation or property, whether such harm is to be caused legally or illegally, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits “extortion”.
I not lawyer/teacher/CPA.
You've been arrested? Law Society of Singapore can provide referrals.
You want an International School job? School website or http://www.ISS.edu
Your rugrat needs a School? Avoid for profit schools
You need Tax advice? Ask a CPA
You ran away without doing NS? Shame on you!

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Re: My Ex-Employer paid me less than what was on contract, can i claim remaining salary ?

Post by x9200 » Thu, 15 Oct 2020 11:36 am

383 requires dishonest intentions. No dishonest intentions in requesting due salary.

I would not use this kind of threat but for a different reason. It actually indicates the weakness - either the OP has the case or feels insecure and needs to impose some threat to back up his standpoint. Simple statement with the payment due date is often more effective.

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Re: My Ex-Employer paid me less than what was on contract, can i claim remaining salary ?

Post by PNGMK » Thu, 15 Oct 2020 12:30 pm

Yes fair point.
I not lawyer/teacher/CPA.
You've been arrested? Law Society of Singapore can provide referrals.
You want an International School job? School website or http://www.ISS.edu
Your rugrat needs a School? Avoid for profit schools
You need Tax advice? Ask a CPA
You ran away without doing NS? Shame on you!

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