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Terminate Contract

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crescia
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Terminate Contract

Postby crescia » Thu, 05 Jul 2012 12:01 pm

I would like to terminate my contract with my employer but asked me to pay a monetary compensation as per stated in the contract.

Before that, I wish to file a complain about their statement in the contract about the number of work hours (almost 50 hours per week instead of 44 hours only according to MOM). Of course, the salary they declared in the contract was 2,000 (but only give me less).

What will I do first? Go to MOM? Or seek some help from the Philippine Embassy here in Singapore? Thanks

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Re: Terminate Contract

Postby nakatago » Thu, 05 Jul 2012 12:14 pm

crescia wrote:I would like to terminate my contract with my employer but asked me to pay a monetary compensation as per stated in the contract.

Before that, I wish to file a complain about their statement in the contract about the number of work hours (almost 50 hours per week instead of 44 hours only according to MOM). Of course, the salary they declared in the contract was 2,000 (but only give me less).

What will I do first? Go to MOM? Or seek some help from the Philippine Embassy here in Singapore? Thanks


OT-Y is common in Singapore so you'll just have to suck it up. Don't bother with the Philippine Embassy as they have enough to worry about with the domestic helpers.

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Postby sundaymorningstaple » Thu, 05 Jul 2012 12:33 pm

So you are on an S pass then. And you are paying kickbacks to the employer. Guess what. If you go to MOM with it, then you are in trouble as well as you knew going in, that you would be kicking back a portion to the employer and that was the only job you could find so you grabbed it.

In the eyes of the law, both you and the employer were colluding to defraud the MOM. So, when you complain, you will be detained at the pleasure of the MOM for a period of time and then deported and black listed in Singapore. The employer will be blacklisted for maybe 6 months and fined and then will be back in business. So, who's gonna be worse off? You will be back in the 'peens with no job and no prospects and banned from returning to Singapore.

Think carefully what you are going to do.....

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Postby therat » Thu, 05 Jul 2012 4:07 pm

50 hrs per week no big deal.

44 hrs stated in MOM is min hr. Not max working hr.

Singapore is full of OT.

My record is est 75 hr per week. So .. what is 50 hrs????

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Postby the lynx » Thu, 05 Jul 2012 4:20 pm

50 hours is normal... This is Asia!

Anyway that SGD2000, is it agreed in your contract and also submitted to MOM for your pass application? Or they deducted it without your agreement?

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Postby morenangpinay » Thu, 05 Jul 2012 4:51 pm

dont go to the embassy as they don't have any say in the laws of the country. all work related issues will only be handled by mom. anyway, since you signed with the stated bond and the salary...it means you agreed. Nothing you can do but be patient and wait for your contract to expire.

About the work hours..is the office time stated in the contract? if not, you can always refuse to work above your office hours if there is no compensation and you dont want to have to work OT for free. Thats what i always do..i make up some excuse. be shrewd.

Therat the work hours is maximum 44 hrs.

refer below:
An employee covered by Part IV of the Employment Act is not required under his/her contract of service to work more than eight hours in a day or 44 hours in a week.

The limit of eight hours per day may be exceeded when an employee is not required to work more than five days a week. However, he/she is not required to work for more than nine hours per day or 44 hours in a week.
If the number of hours worked is less than 44 hours every alternate week, the limit of 44 hours a week may be exceeded in the other week. However, this must be stated in the contract of service and is subject to a maximum of 48 hours in one week or 88 hours in any continuous two week period.
A shift worker is allowed to work up to 12 hours a day, provided that the average working hours each week do not exceed 44 over a continuous three week period.

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Postby morenangpinay » Thu, 05 Jul 2012 4:59 pm

i read your other post bout the work time...and the fact they tell you to eat faster. My advice to you is do not stress out.dont hurry when you are eating..just take your time and if they ask you to do things faster, just tell them you can do this amount of work for the amount of time stated. If you stress about this, you will get sick. I learned very early not to stress out and just let the boss stress instead.

what can he do??fire you?? thats what you want anyway right? :)

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Postby therat » Thu, 05 Jul 2012 9:17 pm

morenangpinay wrote:refer below:
An employee covered by Part IV of the Employment Act is not required under his/her contract of service to work more than eight hours in a day or 44 hours in a week.


As you quota, An employee covered 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.


His contact stated his salary $2000 which mean, he is not cover by Employment Act. Hence the 44 working hrs does not mean anything to him.

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Postby JR8 » Thu, 05 Jul 2012 11:11 pm

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


His contact stated his salary $2000 which mean, he is not cover by Employment Act. Hence the 44 working hrs does not mean anything to him.


In general I favour going back to statute to resolve questions. If it is well drafted there is little wiggle room.

In this instance though I don't agree with the interpretation. The OP earns $2000, and that is 'not more than $2000'... hence it would seem he is covered.

p.s. There was a spammer here a few days ago advertising for an assistant on a chicken rice stall. Basic 66 hours a week, for $1400-1600 neg. So not only spam, but a job with illegal hours too!


Oh and Therat, thanks for that clarification on HDB ECs... very interesting.

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Postby sundaymorningstaple » Thu, 05 Jul 2012 11:16 pm

I can vouch for the fact that he will be covered under the act as well as long as the basic salary in quoted at $2000. His salary is "not more than".

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Postby crescia » Fri, 06 Jul 2012 9:47 am

The pay of SGD 2,000 was agreed in my contract and also submitted to MOM for pass application. As for the deduction, yes it is with my consent. There's no problem with this.

My concern is for the number of work hours. For the time being, I will not do anything about it. When I'm ready, then I will complain.

By the way, we are not receiving an overtime pay for extra hours worked. I'm a foreigner so that's why they're abusing. I've noticed with other Singaporeans they work 8 hours Mondays through Fridays with 1 hour break and only work 4 hours on Saturdays.

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Postby crescia » Fri, 06 Jul 2012 9:54 am

By the way, I'm a foreigner. My concern also is I will counter fight them because in the contract either I resign or they'll terminate me, I will still pay the monetary compensation.

I don't receive any overtime pay.

I also read in MOM's website that the contract is null and void if it is less favorable than the Employment Act.

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Postby Mi Amigo » Fri, 06 Jul 2012 10:07 am

Can you just clarify one thing - are you a foreigner?

:roll:
Be careful what you wish for

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Postby sundaymorningstaple » Fri, 06 Jul 2012 10:10 am

So you do not mind spending time under arrest and lockup for colluding with the employer to defraud the MOM? Good luck, you are going to need it in order to stay out of jail and beat deportation and blacklisting here. Had you done due diligence before signing a contract instead of grabbing the first job that could get you an employment pass, this might not have happened. Unless you were conned by an agent in your home country, that is. But still, you will be guilty of collusion if you knowingly agreed to give the employer kickbacks on your salary.

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Postby crescia » Fri, 06 Jul 2012 10:18 am

the first job that could get me an employment pass was rejected. so i grabbed this one instead.

a while ago, you said that if i go and complain to MOM i will be blacklisted and all that. now that i said to just set that salary problem aside, i will still be having some problems? Of course, I'm guilty of giving the employer the kickbakcs of my salary.

so what would be your advice.. i need help


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