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Back Pay and Severance Pakage

Danny
Member
Thu, 07 Jun 2018 11:53:09 AM  (Last updated: Tue, 26 Jun 2018 04:36:15 PM)

Hi,

I'm writing to enquire, as an employee of an organization, what is my legal course of action when my employeer have informed that I will be laid-off by the end of the month with a severance pakage while the organisation is behind by two months of my salary.  Even though the organization stipulates that we will be paid no later than the 7th of each month (based on labor laws), there were numerous times we were paid one or two weeks late without any prior notice of the late issuance of our salaries.  In every case, we weren't informed ahead of time that salaries would be late.

I'm planning to again request for monthly pay slips which this organisation somehow took a stance that paysliips are not issued out unless each employee request for it every instance.

My concern is that after my last day here in this organisation, if the back pay and severance package is still to be fullfilled, what course of action can I take to make sure the organisation will pay out?

KL Siew
Administrator
Thu, 07 Jun 2018 04:49:28 PM

  If the company is going to lay you off, insist that they give you a layoff letter clearing stating the amount of severage pay and when will be paid out;

With the delay in paying your salary, I do share your reservation that there might be problems in getting your salary as well as your severance pay. I think you should contact the Labour Department for some official advice.

Danny
Member
Fri, 08 Jun 2018 01:41:57 PM

Thanks for your input KL Siew.  Much appreciated.

Danny
Member
Fri, 08 Jun 2018 02:54:25 PM

What if I'm asked to tender my resignation before receiving any black and white or severance letter/email from my current employer?  Would that release the employeer from the legal commitment from issuing us our severance package?  I just found out some are being asked to do so.

My concerns are that the employer met up with those affected individually to relay to us the news that we will be laid off and a severance letter will be backdated end of this month of sort.

Appreciate advise in this matter.  Thanks.

KL Siew
Administrator
Fri, 08 Jun 2018 03:57:29 PM

Since you asked, I would say don't resign even if they request you to do so with all sorts of promises. You may wait in vain for any payment.  Let them do the lay off.

Danny
Member
Tue, 26 Jun 2018 03:06:41 PM

Hi,

What if my severance letter is backdated such that my severance package is actually my salary in arrears from previous months?  Is that legal and should I accept that terms?

As of now, even my copy of the Employment Contract signed last year has not been given back to me.

KL Siew
Administrator
Tue, 26 Jun 2018 04:36:15 PM

Don't accept if you are not happy with the terms.

  This topic is closed