News reports about soy milk retailer Jollibean revealed that as many as 29 of its staff had not received salaries and CPF contributions.
Reportedly, Jollibean owes at least one staff their salaries for May and June, and another 3 months of unpaid CPF. Unfortunately, many of them chose not to seek help from the authorities, with some continuing to work in the belief that they would eventually receive the salaries they’re owed.
Employers Must Pay Salaries On Time
If you are covered by the Employment Act, your employer must pay your salary at least once a month, and within 7 days after the end of the salary period. Salaries should be paid on a working day, during working hours, either directly into your bank account or by cheque. In the latter case, you’re only considered paid when banks clear the cheque.
Non-Payment Of Salaries Is An Offence
If you are not paid on time, your employer should inform you if there are justifiable reasons for the salary arreas. You should also find out when regular payments can resume.
In certain exceptional cases, it’s understandable that employers may be unable to pay salaries on time. However, receiving a salary is the right of an employee. If you are still not paid your full salary within 7 days of it being due, your employer is considered to have breached the terms of employment.
In such a situation, you can terminate your employment without serving the notice period, and you should inform your employer of your decision in writing.
Approach Your Union For Assistance
There are 58 trade unions in Singapore affiliated to the National Trades Union Congress (NTUC). The role of the unions includes promoting good workplace relationships between workers and employers, and improving the working, economic, and social conditions of workers.
The Food, Drinks and Allied Workers Union (FDAWU) represents workers in the accommodation, food manufacturing, food retail and food services industries. Unfortunately for the Jollibean workers, the company was not unionised, though individual workers could still join the Union as a General Branch member.
Filing An Employment-Related Claim With TADM
If the company is not unionised and you are not part of the union, then go directly to the Tripartite Alliance for Dispute Management (TADM) to file an employment-related claim.
Do note that you should not wait too long to file a claim. For statutory and contractual salary-related claims, you should file your claim within 1 year of the dispute if you’re still employed by the company, or within 6 months from your last day of work if you’re no longer employed.
There are limits to the amount you can claim. You can claim up to $20,000, or up to $30,000 if you choose to go through mediation. TADM’s role is to provide advisory and mediation services. If claims can be resolved through mediation, then the employee and employer will enter into a settlement agreement under the Employment Claims Act.
If mediation fails to resolve a situation, TADM may refer your case to the Employment Claims Tribunals (ECT).
The good news for the Jollibean employees is that 22 of them reportedly signed agreements with Jollibean via TADM mediation, while the ECT has ordered the company to pay another three employees. The remaining four cases are pending mediation or the outcome from the ECT.
Read Also: 5 Things To Do When Employers Owe Unpaid Salaries & CPF Contributions
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