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Employer's Obligation towards Personal Driver

Wed, 10 Feb 2016 06:08:58 PM  (Last updated: Thu, 11 Feb 2016 06:10:28 PM)

Hi there,

A little background first: My company has allocated a personal driver for my use. While his salary is paid for by my company and he is employed by the company, he functions as a driver for my personal use to ferry me for work related and personal purposes (ie ferrying my spouse and children as needed whenever I do not require his services during his regular working hours). Work functions naturally are prioritized over any and all personal outings, and this particular point has already been verified by the HR Department. 

Shortly after his appointment as my personal driver, I have been notified by my assistant and family members that the driver has frequently been complaining about having to run personal errands for my family, and his expectation was that he was only to drive me to work and back + any out-of-office meetings/functions. He had made a complaint about this to the HR Department only to have them inform him that his job scope extends to being a personal driver for my family as well. This led to a loud disagreement between him and my assistant where he was verbally threatening her. He received a formal reprimand from HR as a result.

After the incident, he started taking longer prayer breaks which averaged 45 mins each with his Friday noon prayer break lasting 2-3 hours. He has also frequently gone missing during the work day where he was unable to be contacted by phone or text, claiming that he was in the midst of his prayers. He has taken to rushing my spouse and assistant while running errands and refusing to perform his duties, insisting that it was time for him to pray which led to them having to reschedule everything in accordance to a timetable of his choice.

I have discovered that he has taken to sneaking home during the work day whenever he is on call at my home. On more than a few occasions, he disappeared to go home at 2-3pm only to return at 10pm when he had to pick me up after work functions. He continued to claim OT from 6pm-11pm.

As his employer, what are my obligations towards his rights as an employee? Is his conduct considered acceptable under the Employment Act or any laws which may apply? Note that he is a member of NUBE (National Union of Bank Employees).

KL Siew
Thu, 11 Feb 2016 06:10:28 PM

In my opinion, since he is employed by the company as your personal driver, you should, if you have problems with him about his work, report the matter to your HR department. Let your HR department tackle the problems for you.

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