NB: We are puzzled why another unfairly-dismissed Singaporean Mr Siva is given this email whereas Mr Gani is granted an audience with MOM officers today for resolution talk with Gates PCM Construction Ltd. Both of them worked as drivers for the company and were laid off together on the same day. Double standard? ******* From: MOM LRWD (MOM) Date: 15 May 2014 16:15 Subject: RE: Fwd: Re: Lack of work so u are Terminated & new S passes filling that post. MOM:000080000022 To: Sivabai Bai Cc: MOM WPD Dear Mr I R.Silva balan, We refer to your email dated 13 May 2014. We are sorry to learn of the abrupt termination of your service by your ex-employer. However, under the Employment Act, both the employee and the employer could exercise its contractual right to terminate the contract of service by giving notice in writing or by paying salary in-lieu of notice to the other party. The notice period shall be in accordance with what is stated in the contract of service. Therefore if an employer wishes to terminate the employees contract of service without giving any notice, he may do so by compensating the employee with salary in-lieu of notice. The Act allows an employee, who feels that he had been unfairly dismissed or terminated by his employer, to appeal to the Minister for Manpower to be reinstated to his former employment within one month of the dismissal. The Ministry will investigate each appeal on its own merits. Also, we are unable to advise/comment on AWS/Bonus computation as AWS/Bonus is not a statutory entitlement under the Employment Act. A bonus is a contractual rather than statutory entitlement under the Employment Act, the employees entitlement to the bonus payment as well as the computation of bonus would depend on what was provided for in the employment contract or negotiation/mutual agreement between the employee and the employer. We encourage those who need assistance in finding a job to visit the Career Centres at the CDCs and NTUC’s e2i. The list of Career Centres can be found at the WDA website wda.gov.sg. Also, we have referred your query on foreign workers quota to the Work Pass Division (WPD), which will be in a better position to assist you. cc: WPD Officer – please assist. Should you require more information on the statutory benefits provided for under the Employment Act or consultation sessions on matters related to Employment Act, you could visit the Ministry of Manpowers web-site at mom.gov.sg/employment-practices/employment-rights-conditions/employment-act/Pages/default.aspx. You could contact our contact centre at 6438 5122, to seek simple advice, or book a 30-min appointment session to discuss your employment claims with our Advisory Officer using the following link: https://appointment.mom.gov.sg/Default.aspx?ReturnUrl=%2f You may also report your case online using the following link: mom.gov.sg/services-forms/labour-relations/Pages/esol-individual.aspx. ** Labour Court registration is subjected to administrative fee of $3 for employee / $20 for employer. Payment is to be made by NETS FlashPay or EZ-Link cards only. Please ensure that you maintain sufficient balance in your card. Yours Sincerely, Irene Chua (Ms) for COMMISSIONER FOR LABOUR Labour Relations and Workplaces Division . Ministry of Manpower . Fax (65) 6535 4811 . mom.gov.sg
Posted on: Fri, 16 May 2014 01:18:05 +0000
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