Legal Advice if not covered by Employment Act

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taxico
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Post by taxico » Tue, 17 Dec 2013 1:14 pm

turtonguy wrote:...I'm getting the impression there is nothing like a citizens' advice bureau for people not covered by employment act?
http://legalclinics.sg/

some clinics may require you to be a citizen/PR.

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Post by ecureilx » Tue, 17 Dec 2013 1:44 pm

sundaymorningstaple wrote:Yes it applies EVEN IF THE NOTICE REQUIRED IS 6 MONTHS. That is the letter of the law. ..
in that case, may the OP pray more and be nice to the HR people to see if they can accommodate his requests .. is all he can do ..

Taxico: from what I know, except those run for WP holders (Labourers/Work Pass) all others are only for SC/PR

Plus, those legal clinics for WP holders don't operate everyday, just once a month or so

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Post by AngMoG » Tue, 17 Dec 2013 1:50 pm

I also want to add that while this is the letter of the law, there are ways around it, but all of them require the employer to be supportive. Saying that you won't even be able to afford coming to work because you won't get paid is one way to get their attention (i.e., be honest about it).

- If you are PR, you can sign a letter of undertaking that you will file tax, which absolves the company from responsibility
- The company could give you a non-interest loan of a (significant) portion of your salary; the loan would be repaid from your outstanding salaries. There should be a clause that if the withheld salaries are not enough to cover the loan, you are still liable to repay them within X days after your last day. Be sure to get such agreement in writing.
- They could declare (in section D as noted) that they are unable to withhold all monies, as that would leave you without income and unable to afford to work for them during your notice period due to lack of savings. I should think that is sufficient reason; however, they will still need to withhold some money from you, at least your full last pay if that would be enough to reasonably cover your taxes and relocation expenses.

Try to be reasonable, but also insistent. Talk to your manager, to HR, even the head of HR if need be.

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taxico
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Post by taxico » Tue, 17 Dec 2013 3:55 pm

ecureilx wrote:
sundaymorningstaple wrote:Yes it applies EVEN IF THE NOTICE REQUIRED IS 6 MONTHS. That is the letter of the law. ..
in that case, may the OP pray more and be nice to the HR people to see if they can accommodate his requests .. is all he can do ..

Taxico: from what I know, except those run for WP holders (Labourers/Work Pass) all others are only for SC/PR

Plus, those legal clinics for WP holders don't operate everyday, just once a month or so
ah... tough luck. the list looked pretty long and i thought he had a shot at getting someone to answer his question(s).

the OP shall have to defer to singaporeexpat's panel of experts.

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sundaymorningstaple
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Post by sundaymorningstaple » Tue, 17 Dec 2013 7:53 pm

AngMoG wrote:I also want to add that while this is the letter of the law, there are ways around it, but all of them require the employer to be supportive. Saying that you won't even be able to afford coming to work because you won't get paid is one way to get their attention (i.e., be honest about it).

- If you are PR, you can sign a letter of undertaking that you will file tax, which absolves the company from responsibility
- The company could give you a non-interest loan of a (significant) portion of your salary; the loan would be repaid from your outstanding salaries. There should be a clause that if the withheld salaries are not enough to cover the loan, you are still liable to repay them within X days after your last day. Be sure to get such agreement in writing.
- They could declare (in section D as noted) that they are unable to withhold all monies, as that would leave you without income and unable to afford to work for them during your notice period due to lack of savings. I should think that is sufficient reason; however, they will still need to withhold some money from you, at least your full last pay if that would be enough to reasonably cover your taxes and relocation expenses.

Try to be reasonable, but also insistent. Talk to your manager, to HR, even the head of HR if need be.
sundaymorningstaple wrote:Having said that, I don't know too many employers who adhere to that and I've had to file a tax clearance with only two weeks before the departure date (but with a written explanation so they are pretty amenable to work with the employers.
SOME PEOPLE TRY TO TURN BACK THEIR ODOMETERS. NOT ME. I WANT PEOPLE TO KNOW WHY I LOOK THIS WAY. I'VE TRAVELED A LONG WAY, AND SOME OF THE ROADS WEREN'T PAVED. ~ Will Rogers

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