Employer not paying salary

[Troubled_by_employer]

My contract of one year was terminated after 4 months due to business reasons, my ex- employer has not yet paid me my last month's salary.

Can someone please advise on how to recover my last month's salary.
Thanks in advance!

[taxes?]

If you are on an EP, they have to account to IRAS for any tax due. I believe it's not unusual for a last month's salary to be held abck by the employer until you are given tax clearance, but if this is the case, they should be communicating with you to let you know the reasons

[Yes Tax]

It is a requirement of IRAS that the employer should withhold yur last month's pay until your tax liability is sorted out.
Contact the employer and IRAS.

[Specialist]

Speak to the specialist !

How long has it been ? The employer withholds the last months salary while they submit a tax assessment to the IRAS. Once it has been approved the employer receives the all clear and pays you the difference. It only takes about 3 weeks....in my case however...

My employer withheld my salary for....GULP !....2 years after I left ! They also gave incorrect address details to the IRAS meaning I never received my tax assessment until I rang the IRAS to find out what was happening. I subsequently discovered that a tax return with substantially incorrect amounts had been lodged.

What area do you work in ?

My former employer has some bad habits in regards to paying their staff...

[troubled_2010]

Actually I do not hold an EP but hold a PR.
I tried approaching MOM but they said that only into cases where salaries are less than 2500$. i.e. those that are covered by the employment act.

I do not know what to do 
How can such unscrupulous people get away doing such things?

[Specialist]

I hear you. The MOM told me the same thing about the $2500 limit. Anyway I managed to ge some information from them another way. Its one reason why foreign companies come here as there is little employee protection.

The IRAS were equally dismissive and always told me to go back to the employer. "Hello my employer doesn't want to pay my salary and taxes which is why Im contacting you" wasn't a valid reason for them. After much persistance the IRAS figured out that it was actually their job to collect taxes and in the end my employer was penalised.

First things first....start gathering information....your contract, payslips, bank statements showing salary deposits, emails, etc. Check to see if there could be a reason for not being paid.

Then send them a polite letter by registered mail advising you haven't been paid and requesting to be paid . Also write that if they can't pay you to please state the reasons ; all within 5 business days

It is possible that they have forgotten or a bug has lead them to believe you have been paid. You also need to give them a valid chance as if it ends up in court the judge will check to see if you did all that you could to resolve the matter prior. Even if you know your former employer is just a thieving dishonest snake the judge doesn't know that and it might not be pleased that you interrupted his musings....

[troubled_2010]

    I  have actually confirmed with my client and they said that  my employer(contracting agency) has already charged them  for my salary.                                                                                                                                               But now my contracting agency is withholding my salary without giving any explanation or answering any emails.

[titan]

it's called cutthroat capitalism with no sense of morals or decency and it's a shame the govt. doesn't seem to care based on the eariler posts.

I guess the lesson is if you earn less than $2500 you are not really a person in the eyes of those in power??

[Specialist]

    I  have actually confirmed with my client and they said that  my employer(contracting agency) has already charged them  for my salary.                                                                                                                                               But now my contracting agency is withholding my salary without giving any explanation or answering any emails.

But have you sent the registered letter as suggested ? You need to start somewhere. How long has it been in reality ?

As I understand you were contracted or employed by a recruitment/contracting agency (don't start me on those) to perform duties for a third party (your client). Your client paid an agreed amount for the performance of your work to your contracting company. Your contracting company has an agreement with you to pay you an a pre-agreed amount for possiby a pre-agreed job (ie you were given a specific task to do in a specific timeframe).

Now are you a contractor or an employee of the contracting company ? There is a big difference and you need to read your contract. You and your client may be under the impression you were a "temp" but in reality you might be considered "an independant contractor" commonly referred as a freelancer.

If that is the case and as a worse case scenario ; because you did not finished your pre-arranged task they have no obligation to pay you !

You need to read your contract as well as all annexes word by word. Suppositions and impressions do not stand up in court. What does is facts ! Obviously it would be better to avoid court and lawyers due to the high cost.

Cheers

[troubled_2010]

No actually I am IT programmer and was an employee of this contracting agency who deployed me to work for a client for one year.

   Since I had a good relationship with the client , the client informed me that they  paid my contracting agency my month's salary.  But my employer is now not passing it to me.

[Specialist]

Sorry but there is not much more I can say if you remain so vague. Also it doesn't matter if your client paid or didn't pay the agreed amount to your contracting agency. The contractual obligations are between you and your cotracting agency and not the "client".

In response to your last sentence the contracting agency may even have an obligation to pay you the full years salary even if you are not working. Again it is in your contract...unless you don't have one ?

[schroma]

My husbands supervisor will not pay him for a job he has done.  He gets payed by flat rate or bnythe job in an auto body shop.  How can we go about getting this sorted?  Are there any laws for this kind of thing?