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i) contract of service, ii) contract for service

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shiranaihito
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i) contract of service, ii) contract for service

Postby shiranaihito » Sun, 03 Jun 2012 9:24 am

The difference? Who knows more on the above? Care to share?



:)

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Postby sundaymorningstaple » Sun, 03 Jun 2012 11:13 am

One is making you a subcontractor and relieving the employer of paying CPF for you. The other is a normal employment letter/contract. The Contract for Service is technically illegal if you are required to maintain the normal office hours required by the employer as well as other company SOP. MOM finds that in 99% of the cases it is illegal as the worker is actually an employee and the employer is just trying to avoid the employer related expenses. Be careful of signing Contracts for Service as these are ruses often used by shady agencies.

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Postby shiranaihito » Sun, 03 Jun 2012 2:11 pm

sundaymorningstaple wrote:One is making you a subcontractor and relieving the employer of paying CPF for you. The other is a normal employment letter/contract. The Contract for Service is technically illegal if you are required to maintain the normal office hours required by the employer as well as other company SOP. MOM finds that in 99% of the cases it is illegal as the worker is actually an employee and the employer is just trying to avoid the employer related expenses. Be careful of signing Contracts for Service as these are ruses often used by shady agencies.


Ahh.. I see, thanks.

mm, so where to report such company that offers that? Where can the so called employee report if such company did not pay the due salary?

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Postby sundaymorningstaple » Sun, 03 Jun 2012 3:31 pm

The Ministry of Manpower (MOM)

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Postby shiranaihito » Mon, 04 Jun 2012 12:56 pm

sundaymorningstaple wrote:The Ministry of Manpower (MOM)


Saw this in the mom website;- 'A contract for services, however, is an agreement whereby a person is engaged as an independent contractor, such as a self-employed person or vendor engaged for a fee to carry out an assignment or a project for the company. Under such a work arrangement, there is no employer-employee relationship, and the employee is not covered by the Employment Act'

:o still can report to them?

what do u think?

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Postby sundaymorningstaple » Mon, 04 Jun 2012 3:00 pm

Go back and read what I originally wrote. If you fit the bill as under a contract for services then don't report them. But if you are, in all but contract, treated just like a normal employee with normal employee hours expected by the bosses, then report them as you are being cheated out of the employer's share of CPF contributions. It's up to you.

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Postby shiranaihito » Mon, 04 Jun 2012 4:07 pm

sundaymorningstaple wrote:Go back and read what I originally wrote. If you fit the bill as under a contract for services then don't report them. But if you are, in all but contract, treated just like a normal employee with normal employee hours expected by the bosses, then report them as you are being cheated out of the employer's share of CPF contributions. It's up to you.


appreciated your prompt response

my mistake, didn't asked clearly, can still report to xox if the company didn't pay the due fee?

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Postby sundaymorningstaple » Mon, 04 Jun 2012 4:55 pm

If you are on a contract for service, no. If you are an employee on a contract of service, yes, as you will be covered under the employment act. If that is the case you will have to sue for payment in a civil court.

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Postby shiranaihito » Mon, 04 Jun 2012 7:40 pm

sundaymorningstaple wrote:If you are on a contract for service, no. If you are an employee on a contract of service, yes, as you will be covered under the employment act. If that is the case you will have to sue for payment in a civil court.


what's civil court, is it costly to approach them?

wow, u know a lot, thanks for sharing :D

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Postby sundaymorningstaple » Mon, 04 Jun 2012 7:58 pm

To go after an employer in civil court you would need to engage a lawyer. You better be sure that the amount you are attempting to recover is rather large as legal representation is expensive and there are never any guarantees that you will win. It might be best to approach one for a 5 minute conversation to see if they think you have a viable case. That 5 minute conversation will probably cost you around 200 to 400 dollars. If you decide to go for it, it's going to cost you a lot more. So think carefully. The following thread from 2010. I can assure you that legal fees have NOT gone down.

ftopic67174.html

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Postby shiranaihito » Mon, 04 Jun 2012 8:09 pm

sundaymorningstaple wrote:To go after an employer in civil court you would need to engage a lawyer. You better be sure that the amount you are attempting to recover is rather large as legal representation is expensive and there are never any guarantees that you will win. It might be best to approach one for a 5 minute conversation to see if they think you have a viable case. That 5 minute conversation will probably cost you around 200 to 400 dollars. If you decide to go for it, it's going to cost you a lot more. So think carefully. The following thread from 2010. I can assure you that legal fees have NOT gone down.

ftopic67174.html


Ahh..

Saw this: -if you cannot afford the services of a lawyer, you may apply for assistance from:

Legal Aid Bureau
45 Maxwell Road #08-12
The URA Centre, East Wing
Singapore 069118
Tel: 1800-3251424

However, you will have to go through a means test to determine whether you qualify for such assistance.


your advice?

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Postby therat » Mon, 04 Jun 2012 10:02 pm

http://www.ifaq.gov.sg/minlaw/apps/fcd_ ... biL7fh8%3d

1. Who is eligible for legal aid?


Briefly, to qualify for legal aid,

a) you have to be a Singapore Citizen or a Singapore Permanent Resident and be present in Singapore (This requirement does not apply if you are making an application under the Hague Convention on the Civil Aspects of International Child Abduction);

b) you have to satisfy the “Means Test”

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Postby shiranaihito » Tue, 05 Jun 2012 12:46 pm

[quote="therat"]http://www.ifaq.gov.sg/minlaw/apps/fcd_faqmain.aspx?qst=2fN7e274RAp%2bbUzLdEL%2fmCxs7iwcgv8gv2atNDOvsLBpPsSCif6QtywFV2kF49d0MfxUhj0i5tDSnbk9LgT0KxOOs0H5xydKAkQ102yHhBfqn5o8FnsWBAwUCTMO0soWxVzZlkl%2fQKd%2f7J1MVqMunTgmH2XVN4QQaRh5Vz7hM4lPf3rQ6hxoZSQtsAWz21Ltotm8GeO7zkMpL7wI3hj2G4lpACx%2bJTC7mN%2fcbiL7fh8%3d

1. Who is eligible for legal aid?


Briefly, to qualify for legal aid,

a) you have to be a Singapore Citizen or a Singapore Permanent Resident and be present in Singapore (This requirement does not apply if you are making an application under the Hague Convention on the Civil Aspects of International Child Abduction);

b) you have to satisfy the “Means Test”


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