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Content Page
Problem Analysis
Annie
Andy
Conclusion
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Problem Analysis
ANNIE AND
ANDY
WHO IS COVERED
UNDER
EMPLOYMENT
ACT?
Termination
Notice pay
Annual leave
Hospitalization
leave
Overtime allowance
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ANNIE
Why did they terminate Annie? Is it legal?
Annies outstanding salary.
Payment for leave.
4 days for 2010 Calculation for 2011 leave days
(No of months in service/12) x 7
2 Saturdays(non working day), 2 Sundays(rest day) Overtime
payment
Legal rights
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Annual Leave Gross daily salary 2010 :
(12*salary)/(52*5)(12*$1700)/(52*5) = $78.46
annual leave for 2010 = 4 days
$78.46 *4 = $313.85
Gross daily salary 2011: (12*salary)/(52*5)(12*$1800)/(52*5) =
$83
Annual leave for 2011 = 4/12*7 = 2.33 days
$83 * 2.33 = $193.85
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Overtime payment 2011
Gross daily salary: (12*salary)/(52*5)
(12*$1800)/(52*5) = $83.08
Work 2 Saturday ($83.08*2)*1.5 = $249.23
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Rest day Payment 2011
Work done at employer's request: One day's salary when the
employee works up tohalf the normal daily working hours; or
Two days' salary when the employee works morethan half the
normal daily working hours.
Gross daily salary: (12*salary)/(52*5)(12*$1800)/(52*5) =
$83
Assume she worked full day for 2 Sunday1 Sunday $83 * 2 =
$166
Total 2 Sunday : $166*2 = $332
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Salary
Gross daily salary: (12*salary)/(52*5)
(12*$1800)/(52*5) = $83
Assume she worked full day for 2 Sunday
1 Sunday $83 * 2 = $166
Total 2 Sunday : $166*2 = $332
Salary in Lieu
$1800 * 8 months = $14.400
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ANDY
Used up his annual leave 2 days of leave. In turn, he took 7
days. :0
30days of medical leave, out of which 10 is hospitalization
leave
He is entitled to 14 days of outpatient and 60days
hospitalization
He will have 6 days of unpaid leave
Gross salary earned form 1-25 April 2011
Appealing He can ask for retrenchment benefits since he worked
for more
than 3 years
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Annual Leave
(1600*12)/(52*5)=73.84(daily pay)
Used up his annual leave
2 days of leave. In turn, he took 7 days. :0 He have 5 days of
unpaid leave
73.84*5= 389.2
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Medical Leave
30days of medical leave, out of which
10 is hospitalization leave
He is entitled to 14 days of outpatient and 60days
hospitalization He will have 6 days of unpaid leave
73.84*6=$443.74(his sick pay that is deducted from thepay)
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He will be paid
Salary in lieu -> $1600
Gross Salary-> 1255.28
Unpaid Sick->443.74
Unpaid leave->389.20 Were supposed to pay him.
1255.28-443.74-389.2=422.34
422.34+1600=2022.34He can ask for retrenchmentbenefits since he
worked for moreth n r
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Appeal
An employer may terminate an employment relationshipwithout
giving notice to the other party, if:
The employee is absent from work continuously for more
than two working days, without approval or good excuse; The
employee is absent from work continuously for more
than two working days without informing or attempting toinform
the employer of the reason for absence. The partythat breaks the
contract will have to pay to the other party
salary in-lieu of notice.
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Appealing(Annie & Andy)
Employees who feel that they have been unfairly dismissed* by
theiremployers may appeal to the Minister forManpower to be
reinstatedto their former employment.
Appeals must be made in writing within one month of
dismissal.
If the employer has given notice and the contractual terms
oftermination are complied with, the onus would be on the employees
toshow proof that the dismissal is unfair. TheMinistry ofManpower
willcontinue to be stringent in assessing such appeals.
If it can be established that an employee was unfairly
dismissed, theMinister may consider reinstating the employee in his
formeremployment or ordering a sum of money as compensation, as
theMinister deems fit.
* Dismissal means termination of the contract of service of anem
lo ee b his em lo er, with or without notice and whether on
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Conclusion
Employers have to fulfil legal obligation under theEmployment
Act.
Marriage, paternity and compassionate leave entitlementdepends
on what is in the employment contract or agreedmutually between
employer and employee
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References
http://www.mom.gov.sg/employment-practices/employment-rights-conditions/contract-of-service-termination/Pages/contracts-of-service-and-termination.aspx#twn
