My employer refused to give a copy of my contract and payslip to me

[wei6060]

Hi all,

I am new in working life, no experience at all. As i just graduated from Uni. I NEED ADVICES, thanks in advance.

the story was started when i first graduated in Oct 2008, recession just began. it was quite hard to find a job in Singapore as i am not local. I happened to pass by an recruitment agency and i agreed to pay a placement fee of S$3500 if they could help me find a job. They first helped me get a telemarketer job but i rejected because the paid is commission-based. So, they tried to find another job, finally i got a call for an interview from the Agent itself. I went down for that interview, and in the end they said they wanted to recruit me as their staff. BUT, i still have to pay the replacement fee of S$3500 (all said i shouldnt pay the agent fee, because they themselves are willing to hire me, it's unreasonable to pay S$3500. In other words, my salary comes from own money, i earn nothing!)

I was kinda need that job so I agreed to pay as they offered me salary of S$1800. so i signed the contracts (one is replacement contract and the other is employment service). they never give me a copy of these two contracts. I went home and consulted this to my uncle whom is a local. The next day, i asked for my employment contract, they REFUSED to give. they said our company policy is not giving copy of contract to employees. Then end of month, i was greatly shocked when i got my salary. MY GOODNESS, i am underpaid, my salary is not even S$1000, plus i asked for the payslip, they refused to give me as well. I went for MOM as i didnt know whom could help me on this matter.

my concern is that i want to resign but i am tied up with the 1-year contract, if i resign, must i compensate the company of S$3500 + i still owe them an agent fee of S$2200? i am so stressed up. i have no proof in hand, if i want to lodge complaints to MOM. Please advice, thanks.

[Vulcanl]

What type of employment pass are you on?

[pykeee]

hey, thats really bad that you got yourself into such a mess.
some sort of ID card to prove that you work for that firm?
any emails from them confirming their offer of employment?

i will stop working for that company and complain in MOE at the same time. if you have any lawyer friends, they may help with the proper legalities.

[pykeee]

I meant complain at MOM at the same time.

[another232]

another way if MOM doesnt help is to go to the Small Claims Tribunals to sue the employer.  Only costs about $20.  I am sure the agency will bring the forms you signed so everything can be settled.

[wei6060]

Reply to Vulcanl: I am holding an EP type Q1

Reply to pykee: I am an EP type Q1 holder. i really have no proof in hand. i am thinking of a way to get evidence so that i have some backing if i lodge complaint to MOM. I dont have any lawyer friends. it costs a fortune to hire a lawyer, i cant afford it. so stressed up

reply to another232: what is Small Claims Tribunals? first time heard of it.

[wei6060]

Reply to pykee: my Employment Pass and passport got state the company name which indicates i am working for them.

[another 232]

It is a court in Singapore that helps people claim money from people who do not pay up.  It is cheaper ($20) than getting a lawyer.  This is their website:  Google:  "The Small Claims Tribunals" it is the first one.

But I would recommend that you do this:

1) Write either in letter or by email (not ask - ie make sure it is in writing so you have proof) to the company you are now working at to give you the contract you signed.

2) Include in the letter that you were promised $1800 but only got less than $1000.

3) While waiting for reply, ring/visit MOM and complain to them.

4) If no written reply from your company (but they just called you into the office to tell you then just listen) then write to them another email or letter to confirm what they say.

Example, if in meeting they say that they do not give out contracts then write in the letter something like this:

Dear XXX

Thank you for holding a meeting to explain to me that your company does not give out signed contracts to their employees and that my salary is less than $1000, not $1800.  

But I am sure that when I signed the contract, it was stated that my salary would be $1800.  May I have some clarification on this please.  If you do not give out contracts, may I have a look at what I had signed so that I can be sure of the terms and conditions.

Thank you
you sign.

5) then bring this two email that you sent to MOM to see if it is enough.

[wei6060]

Reply to anothe232:

i've been working in this company for about 2 months. last month when i got my pay, i did ask how my salary was counted. i can't believe what my employer told me: "oh, everyone in this company is paid $5/hour as well as you" then i said: why didnt u tell me that my salary is per hour rate, if i knew i was being paid at $5/hour, i wouldnt sign at all. It's false declaration of salary according to MOM and also is illegal. that's why i seek advice from MOM.

The problem now is that i don't have payslip, i have nothing to prove that i am being underpaid, what if they report to the authority that my salary is $1800, what can i say? they pay me in cash, refuse to issue cheque or bank transfer. They are very smart in this matter as they are a recruitment agency, they know how to play with it. They wont let me get a chance to fight back. This is my first job, and i am already facing this type of problem,life is not as easy as i expected.

[Uncle]

Better talk to your uncle, since he is local. I am sure he can get some sense out of those people!

[another3432]

Did you sign anything when they gave you the cash?

If you did not, then you can say that they did not pay you! Nothing to worry about!

[wei6060]

Reply to 3432: I signed my payslip that's why i asked for my payslip but they refused to give me. what i worry is that the one i signed was the exact amount i received but i can't remember whether my signature i signed was also on that page. Cos i didnt know Singapore practises. I once heard that some companies are doing this practise, i.e. they gave the employees payslip to sign but didnt state clearly their salary, after employees sign they can change the figure and submit to govt. So that, it can help to reduce taxes. I aint sure about this. But this is also one of my concern, if they really did so to me, by end of year i have to pay income tax whereas my salary is below one thousand. I am a Bachelor degree holder, but the amount of salary i get is no difference as secondary school level holder.

there's only one thing that can prove the truth is that no matter what i have to get a copy of payslip. once i get the payslip, things can be settled with the help of MOM.

THANKS ALL, REALLY APPRECIATE IT.. ONCE AGAIN, THANKS A LOT..

[EP]

How can you have an EP while earning less than SGD 2,500.00? From which country are you anyway?

[wei6060]

this is the main reason so far. could it be possible if they make a false declaration? MOM did ask me this question, since my contract stated that my basic is S$1800, i am supposed to get a S Pass instead of EP. I checked MOM website that a false declaration is illegal. But how am i supposed to do? i dont have the proof (i.e Payslip)to explain myself getting salary below $1000. On the other way, they can also claim that they pay me $1800.

My contract is 1 year contract. If i resign, should i pay a compensation fee to the company for breaching the contract? In my opinion, i dont have to pay. The reason is that they have already breached the contract in the first place of not paying me the salary as promised in the contract. Please advise. Thanks a lot, really appreciate it.

[Uncle]

You spoke to your uncle already?