Employment law help needed

[VeryAngry]

I am here on a local plus contract - basically local terms with the expat fringe benefits.
One of my benefits is a home leave allowance which is stated in my contract as being the equivalent of a full fare economy ticket to my home country. This is an allowance which me and my husband can use to buy tickets and pay for hotels provided we submit the receipts. This year the value given to me by the company was $6500.

I have just rec'd a letter from my HR mgr telling me the contract terms have changed with effect from 1 Jan 2001, and that I am now entitled to either an allowance of $1500 or a restricted return ticket to home country only for myself. To the UK I think that would be about $1800 except at Christmas.

If I were in the UK on a UK contract, this would be an illegal move on the part of the company unless I agreed to it. Here they are just trying to impose it on me. Oh, and I have until 22 Dec to reply on my choice or the benefit is taken away!

What recourse do I have? The clause in my contract lists no value amount, but then the behaviour from the company this year would (in the UK anyway) constitute a term of the contract and put the figure at $6500.

I don't exactly want to take legal action against the company (for obvious reasons!) but am prepared to if needed just to make a point.

Please can anyone offer me any help or advice? Does anyone know an expat friendly employment lawyer (inexpensive please!)?

Oh, and in case it all goes to %&*#, does anyone need a health insurance expert, specialising in the operations, sales and marketing of such business???!

Thanks, for your help!

[Medical]

Hi,
Not the same situation but when I transferred over here we had pretty decent medical coverage ... then 18 months later (middle of the crisis, mind you) they re-thought the benefits package and reduced it to extremely limited. For example, no maternity coverage at all! Now that's a 'luxury' for most Singaporeans, I know. But it was definitely something I had become accustomed to and had been promised.
However, the advice I was given at the time was the company has the right to review benefits policy at it's discretion.
My lay-person's advice would be if the home leave issue is a financial strain, to take it up with your "home office" boss as a special case, as opposed to becoming 'litigious' with your HR here .. if it's a foreign company the local HR don't make the rules nor can they make exceptions (generally)
Good luck

[StillAngry!]

Thanks for oyur comments and best wishes.

Obviously I am not intending to go to litigation as the first recourse - rather to get an opinion of my situation so that I know how far to push with this with the local HR Mgr (also an expat and affected by the same policy).

You might like to know that I work for a multinational with expat management.  The same contract change has been passed to all expat employees.  This is the fourth in a series of contract amendments to our disadvantage, so that is why we are all wearing thin!

I too had heard that employment law here is very weak, but am unsure whether the law of contract for employment contracts is within this section of law or outside in contract law itself.

Anyone else got any comments?  I will respond in the New Year to HR, so please sened responses up till then!

Thanks!   I am smiling still!

[BoardManager]

While I agree that Management could have done better eg by first sitting down with members of the team and explaining the rationale, and hopefully get a consensus, it is ultimately their prerogative to amend the terms of the contract and the appropriate clauses that go with such changes. They obviously are prepared to handle negative responses, unhappiness (leading to poor work performances), even resignations in protest of unilateral decisions taken by the Management.

On the company's part, most of them do not have severe cutbacks for no apparent reason. Knowing the impact this will bring about, they usually would have thought it through, and then decide to implement for the overall good of the company. This sometimes means saving the company so people remain employed.

Feeling upset is natural. Feeding back responsibly would be useful. It will be your decision whether to stay on or to fight them on your way out. A lawyer will probably be the best person to advise you, especially after seeing your employment contract. The customary practice here is let each company deal with its own operations, set/change its own rules as they apply within their private territory.

All the best.

B.Mgr

[expat]

You can get a list of lawyers via the British High Commission, stating which area of law they specialise in.

However, my husband works for a famous British blue-chip company which has based its SEA HQ in Singapore. About 3 years ago they also changed the travel policy for expat staff. They realised that everyone was buying restricted economy tickets to go on home-leave and there was always surplus funds in their allowance (based on a full-fare ticket). Of course, we were all going on trips in the region to places like Bali, Hong Kong, Phuket etc. The company then decided to have a huge cut on travel allowances and everyone has the restricted economy fare allowance. Even all managers below director level can only fly business class on Malaysian Airlines as far as possible, and all travel under 5 hrs flight duration is economy - again, not for the directors.

The best thing you could do is to see if your husband can be re-instated for airfares if you agree to both fly with Malaysian Airlines on your home-leave trips to the UK. The fares are substantially cheaper (up to 50%) than SQ, BA, Quantas etc, although you do have to have a stop-over and change planes in KL. However, their service is on a par with SQ in my opinion.

Hope you sort your problems out, it is very discouraging when companies mess you around.    

[HR Policy]

In our company you can only use home leave to go home, not anywhere else. Their position is that home leave is provided to help you maintain personal ties to your home country and if you decide you don't need the benefit it is not encashable nor can you go somewhere else (nor get a handful of economy tickets in lieu of business class)

[T2K]

I read the original posting twice, but I'm still not sure I get it.  How can the terms of your contract be changed?  That's what a contract is for, right?  Is your company also free to amend your pay if they desire to do so?

[TIGER]

This is pretty typical of local contracts - i'm in a similar position - on other issues, overseas travel allowance is my problem as after being away for more than two weeks my allowance drops to hotel plus food allowance, which is really bad -$2 a day. I kid you not.
- The action legal or otherwise -I guess will be a waste of time on your part.. only to suggest speak to your boss and look for some sort of - agreement then let him thrash it out with HR. Or just make a note and when your contract comes up for renewal - bang in a few point of your own. Like - no amendments during the contract period can be made with out joint written conscent of both parites.
or state some numbers.
It's a take it or leave - attitude - in Singapore and employers have no rights really..
I'm currently under re-neg. of my contract - and hoping that I can straighten out the holes i've fallen into over the past year.
- sorry to have a go at BM - but don't foolishly think that it for the good of the company - don't believe the hype! - its more than likely the MD - is looking for a new car or needs it to finance his working golf trips/holidays.
good luck - I tend and find it helps to -write specific points down hand a copy to your boss and go through them one by one. your position may be weak but if you can relate what - profit you bring in to your wages it should make them sit up or at least listen.  

[kaki11]

BM - Given that employers CPF is being jacked up by 4 percentage points from 1.1.01 it is hardly surprising that employers in Sing are looking to cut costs.
Foreign cos are trying to reduce their expat packages and to reduce travel costs.  Why are residential property rents under pressure and club memberships cheap - fewer expats being given the goodies.
VA - having been retrenched in the UK - employers can basically do what they want despite the threat of the increased unfair dismissal awards there.  If you and your husband are both working then clearly you can push the point here with the local HR but if only you are on an employment pass then clearly it is difficult. Of course if hubby also has a package giving flights home then I have little sympathy.
Good luck... squweaky hinges get oiled