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Recovering unpaid salary

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olivia242
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Recovering unpaid salary

Postby olivia242 » Fri, 11 May 2012 12:36 pm

Hi All,

I worked for a company for 6 months but was only paid for 3 of those. At 6 month point, I left because I could not afford to stay there and work for nothing.

I am trying to get the employer to pay this money and whereas he has acknowledged that he wants to pay, I keep getting excuses that he is waiting for cheques etc. and will pay me when he has spare cash. In truth I think he is just giving me excuses with very little intention to pay. I've offered him the chance to pay in small instalments and I don't believe that in the 3 months I have been chasing him that he has never had any spare cash, though I must be honest and say that when I was there, cash was always tight. I'm trying to give a balanced account here.

I was in a management position earning (on paper!) above $5k so I am not sure that the MOM will be interested in assisting me with this. Also, though I could sue (the contract was clearly breached), I believe that this may cost me the same amount of money so end up being futile.

Anyone any thoughts on this?

Thanks.

bensonlew
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Re: Recovering unpaid salary

Postby bensonlew » Sat, 19 May 2012 2:11 pm

olivia242 wrote:Hi All,

I worked for a company for 6 months but was only paid for 3 of those. At 6 month point, I left because I could not afford to stay there and work for nothing.

I am trying to get the employer to pay this money and whereas he has acknowledged that he wants to pay, I keep getting excuses that he is waiting for cheques etc. and will pay me when he has spare cash. In truth I think he is just giving me excuses with very little intention to pay. I've offered him the chance to pay in small instalments and I don't believe that in the 3 months I have been chasing him that he has never had any spare cash, though I must be honest and say that when I was there, cash was always tight. I'm trying to give a balanced account here.

I was in a management position earning (on paper!) above $5k so I am not sure that the MOM will be interested in assisting me with this. Also, though I could sue (the contract was clearly breached), I believe that this may cost me the same amount of money so end up being futile.

Anyone any thoughts on this?

Thanks.


Are you local/spr or under working permit? The best person to speak up is MOM. You can try to discuss with them. There is public lawyer provided for free actually. Try to schedule your appointment with MOM, then bring your contract, and other related proof like email copy if any will be good. Seek their advise. They will be better to advise you on this matter.

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carteki
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Postby carteki » Sat, 19 May 2012 5:28 pm

Bensonlew - your response (along with your website) reminds of the adage about consultants and why they're like sea gulls. Please don't answer if you don't know the answer (and Olivia242 actually gave you a hint!)

Olivia - this has been addressed in the past in the forum and I'd suggest that you go and look for those posts (I think the key word was "unpaid salary"). The reason I point you to them is that they're way more comprehensive than my knowledge of the subject.

Bensonlew is incorrect in saying that the MOM will handle it. They only handle salary disputes where the salary is less than $2k per month (although they may be interested in knowing about an employer who doesn't pay up) so your only option is the courts. But look through the prev posts and see what has been said there.

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nutnut
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Postby nutnut » Sun, 20 May 2012 1:59 pm

For a good start and a cheap legal style letter, get yourself over to CASE. They will write a letter (I think htey charge $15) and then if you take a membership with them then they will help you follow up. Also, they will give you advice on how to go to small claims tribunal and give you all the documents.

Also, seek out the post Kim advised.
nutnut

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carteki
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Postby carteki » Sun, 20 May 2012 9:29 pm

nutnut wrote:For a good start and a cheap legal style letter, get yourself over to CASE. They will write a letter (I think htey charge $15) and then if you take a membership with them then they will help you follow up. Also, they will give you advice on how to go to small claims tribunal and give you all the documents..


Doesn't CASE deal with Consumers? This is an employee matter. I'd be surprised if they dealt with that.

therat
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Postby therat » Sun, 20 May 2012 9:56 pm

CASE don't handle employee matter.

It happen to my friend before. Her company didn't pay her for 3 months.
She approach MOM.
MOM say as her salary is above the employment ACT.
She need to get a lawyer to act for her.
MOM only can give advice. That's all.

RicEisNice
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Postby RicEisNice » Mon, 21 May 2012 10:27 am

You can approach the small claims tribunal and see if you can make a legal claim there?

therat
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Postby therat » Mon, 21 May 2012 10:49 am

RicEisNice wrote:You can approach the small claims tribunal and see if you can make a legal claim there?


No.
You can't.

Small claims tribunal has no power to hear employee matter.

Refer to the checklist provide by subcourts.
http://app.subcourts.gov.sg/Data/Files/ ... cklist.pdf

RicEisNice
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Postby RicEisNice » Mon, 21 May 2012 5:11 pm

Oops sorry, thanks therat for clarifying.

therat
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Postby therat » Mon, 21 May 2012 6:05 pm

This is Singapore Employment Act

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

The Employment Act covers every employee (regardless of nationality) who is under a contract of service with an employer, except:

Any person employed in a managerial or executive position
Any seaman;
Any domestic worker; and
Any person employed by a Statutory Board or the Government.

Part IV of the Act, which provides for rest days, hours of work and other conditions of service, applies only to:

Workmen earning not more than $4,500 basic monthly salaries and
Employees earning not more than $2,000 basic monthly salaries.

....

Junior managers and executives earning $4,500 basic monthly salary and below are only covered partially on the basic payment of salary.



Once your basic salary out of the range and you had employee matter. You need to get a lawyer and settle yourself.

Union and MOM only can provide advice.


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