Types of authorized deductions that an employer can make from the salary of an employee
The Singapore Employment Act, Part III, section 27 deals with the following authorized deductions from the employee’s salary.
- For any absence from employment or work.
- If any loss or damage has occurred to either goods or any loss of money due to default or carelessness of the conduct of the employee, for which employee is required to vouch.
- If the employee has made any request to supply meals to him and in such case the cost of any such food,
- Any rent paid by the employer for the housing accommodation is paid on behalf of the employee.
- An employer may deduct any amount paid by the employer towards services and amenities as approved by the commissioner.
- Deduction towards any loans or advances paid by the employer to an employee.
- Deduction towards income-tax payable by the employee.
- Deduction towards contribution under the provident fund.
- Deduction towards authorized provident fund or Superannuation scheme with the consent of the employee.
- The deduction may be authorized by the minister from time to time. (Janus Corporate Solutions,2010).
Circumstances under which an employee is required to work more than 6 consecutive hours without a period of leisure or more than 8 hours in one day or more than 44 hours in one week
Under section 40 (1) of the Employment Act, an employee may be required to work more than 44 hours in any given week or more than 8 hrs in any one day or more than 6 consecutive hrs. However, the aggregate number of hours so worked for a consecutive period of three weeks should not supersede 44 hours per week.
An employee may be asked to work eight hours consecutively with a rest period of not less than 45 minutes to have meals if the nature of work such that it shall have to be carried over without interruption.
In case, with mutual consent, if the working hour during any day of the week is less than 8 hours, then an employee may be asked to work more than 9 hours in a day or an aggregate of 44 hrs in a week.
The limit of 44 hours may be surpassed in the other week where the total number of hours of work is less than 44 hours in every alternative week with mutual consent. However, the employee should not be asked to work more than 48 hours in one week or should not exceed 88 hours for a continuous period of 2 weeks.
Under section 40 (2A) of the Employment Act, an employer may be asked to work more hours than specified as above or to work in a rest day provided.
- If there is a threatened or actual accident;
- Where it is necessary for the life of the community.
- For security or defense purpose
- Any emergency work to be attended to plant or machinery
- Under any foreseen scenarios
In the above scenario, an employee may be asked to work not more than twelve hours per day. (Janus Corporate Solutions, 2010).
Are the employees entitled to additional payments for overtime work and work during public holidays and rest days?
According to Section 37 (1) of the Employment Act, every employee is entitled to have a rest day each week without pay. As per section 37
- half day’s basic rate if the work does not exceed half-day,
- if it outperforms half day but does not surmount usual working hours, the basic rate of full one day,
- if it surpasses a day’s work, one and a half time of the hour that surpasses a day’s work. (LawNet, 2010).
If an employee’s pay is less than Singapore $ 2000, he is entitled to avail public holiday under the EA. If a public holiday falls on a rest day or on a Sunday, the succeeding Monday will be regarded as a paid holiday. If an employee is asked to work on a public holiday, he has to be paid an extra day off or an extra day’s pay as a replacement. It is general practice that all employees irrespective of salary limit enjoy public holidays under EA. According to Mr.Gan Kim Yong, Clause 28 will extend either extra wage or alternate off to an employee who has worked on a public holiday. (Guide me Singapore.com, 2010).
Under Singapore Employment Act, those employees who are drawing less than $2000 are alone entitled to claim for overtime wages. An employee cannot be compelled to work more than seventy-two hours overtime in a month. An employee is eligible to get one-and-a half times of his “hourly-rate pay “for the overtime work done by him. Further, payment of overtime wages shall be paid within fourteen days immediately after the final day of the salary time. (The Law Society of Singapore, 2010).
In Xuyi Building Engineering Co v Li Aidong and another and another appeal ([2010] SGHC 236) case also defendants claimed that there were eligible for extra wages for working on a public holiday under section 88 (4) of the EA.(LawNet,2010). Further, the High Court was of the view that defendants were not tasked workers as defined in Section 39 and as claimed by Plaintiff since no agreed rate for job upfront was there and there was no specification about the quantum of work to be executed in the employment contract. (LawNet, 2010).
How this appeal come before the High Court specifically with regard to the appeal process
This appeal was made to the Singapore High Court, which was originated against the decision of the Assistant Commissioner of Labour (49 of 2009 and 4 of 2010). Assistant Commissioner of Labour has the jurisdiction to try a case of this nature. Singapore High Court has jurisdiction for all subject matters with unlimited nature. However, any matter decided by a Syariah court cannot be entertained by Singapore High Court. Further, High Court has the power to try unlimited claim amount, and it has jurisdiction over persons. (In personam). If any party aggrieved over the decision of the Assistant Commissioner of Labour may appeal to Singapore High Court by way of a memorandum of appeal within fourteen days of the date of verdict or order. (Mom.gov.sg, 2010).
Differences with regards to the court process in the event both employees had suffered personal injuries in the course of their employment?
Under Singapore “Work Injury Compensation Act”, an employee includes a part-time employee, a foreigner, a contract worker or a probationer. Thus, both the defendants, even though, they are from China, they will be considered as an employee under the above Act. Under Section 3 of the above Act, if an employee undergoes personal injury due to an accident originating out of and in the course of his job, compensation must be paid by the employer.
In order to succeed in a claim, an injured employee has to demonstrate fault or negligence on the part of his employer. The employee also has to establish the magnitude of damage and loss suffered.
To make a successful claim under Singapore “Work Injury Compensation Act”, Li Aidong and another have to establish the following:
- That both are employees covered under the above Act.
- That the occupational disease or personal injury by accident originated out of and during a job.
- The injury caused permanent incapacity (partial or total) or temporary incapacity or death.
In case of death, the defendant’s dependants like wife, parents, and child can get compensation.
In Lee Keng Hiong t/a William Trade & Tran-Services v Ramlan bin Haron ([2002] 2 SLR 52), it was held that the claimant was injured during his employment, and if there is any insufficient evidence, then it will be presumed that it arose during employment under s 3 (6) of WCA. In this case, the claimant was paid compensation even though he was an employee of an independent contractor. (Janus Corporate Solutions, 2010).
References
Janus Corporate Solutions. (2010). Singapore Employment Act. Web.
LawNet. (2010). Xuyi Building Engineering Co v Li Aidong and another and another. Web.
Ministry of Man Power, Singapore. (2010). A Guide to Labour Court Enquiry. Web.
The Law Society of Singapore. (2010). Employment law. Web.