T

Content Page
• Problem Analysis
• Annie
• Andy
• Conclusion
Problem Analysis

WHO IS COVERED
UNDER
EMPLOYMENT
ACT?

Termination

Notice pay
ANNIE AND
ANDY Annual leave

Hospitalization
leave

Overtime allowance
ANNIE
• Why did they terminate Annie? Is it legal?
• Annie’s 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
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

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
Rest day Payment 2011
• Work done at employer's request:
• One day's salary when the employee works up to half the
normal daily working hours; or
• Two days' salary when the employee works more than 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 Sunday

1 Sunday  $83 * 2 = $166

Total 2 Sunday : $166*2 = $332

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
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
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
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 the
pay)
• 
He will be paid
• Salary in lieu -> $1600
• Gross Salary-> 1255.28
• Unpaid Sick->443.74
• Unpaid leave->389.20
• We’re supposed to pay him.
• 1255.28-443.74-389.2=422.34

•
422.34+1600= 2022.34
• He can ask for retrenchment benefits
since he worked for more than 3 years
Appeal
• An employer may terminate an employment relationship
without 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 to
inform the employer of the reason for absence. The party
that breaks the contract will have to pay to the other party
salary in-lieu of notice.
Appealing(Annie & Andy)
• Employees who feel that they have been unfairly dismissed* by their
employers may appeal to the Minister for Manpower to be reinstated
to their former employment.

Appeals must be made in writing within one month of dismissal.

If the employer has given notice and the contractual terms of

termination are complied with, the onus would be on the employees
to show proof that the dismissal is unfair. The Ministry of Manpower
will continue to be stringent in assessing such appeals. 

If it can be established that an employee was unfairly dismissed, the

Minister may consider reinstating the employee in his former
employment or ordering a sum of money as compensation, as the
Minister deems fit.
• * Dismissal means termination of the contract of service of an
employee by his employer, with or without notice and whether on
Conclusion
• Employers have to fulfil legal obligation under the
Employment Act.

• Marriage, paternity and compassionate leave entitlement

depends on what is in the employment contract or agreed
mutually between employer and employee
References
• http://www.mom.gov.sg/employment-practices/employmen
t-rights-conditions/contract-of-service-termination/Pages/c
ontracts-of-service-and-termination.aspx#twn