Pay for working on a holiday in Singapore

Dark Knight said:

Source: http://www.mom.gov.sg/employment-practices/public-holidays-entitlement-and-pay

Based on the info from MOM website, you are entitled to 11 paid public holidays a year under the Employment Act.
If you are required to work on a public holiday, your employer should pay you an extra day's salary or grant you off in lieu.

Looking at 2 scenario:
A) Your daily salary is $120 and the company require you to work on a public holiday.
However, your company practice is to pay you $120 + ONLY another $100 (as incentive) with no day-off in lieu.

B) Your daily salary is $80 and the company pays you $80 + ONLY another $100 (as incentive) with no day-off in lieu

Is the company in breach of the employment act set by MOM?
Is it compulsory for every company to follow this public holidays entitlement and pay guide lines?
Or the company can simply decide on their own rules and regulations for payment when asking the staff to work on a public holiday?

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chootchiew said:

A couple of points :

1. Yes it is a mom law that company has to pay ph salary to employee when they work on a ph unless it is compensated by off in lieu.

2. The rate is not controlled by mom if the employee is not covered under the employment act.

3. Basic salary above 2.5k is not covered under employment act. Eg if yr basic salary is 2.6k and yr employer does not want to pay u salary, u r on yr own I.e u have to hire yr own lawyer.

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Dark Knight said:

Does that mean if you are the middle income category (ie above $2,500 and below $4,500), you as an employee is not cover under Employment Act?
Hence the company (ie employer) can act on their own rules and regulations and rate of payment (be it 1.5x or 2x the daily salary) is at their discreet?
The company can don't even compensate you on monetary terms of even give you a day off-in lieu?

The scope of coverage of EA can be quite vague. Not really sure what does "Workman" implies.

Exclusions & Partial Coverage
However, professionals, managers and executives also known as PMEs earning basic monthly salaries of S$4,500 or less are now covered by the EA, except for Part IV.
Part IV of the Singapore Employment Act, which prescribes certain minimum requirements regarding rest days, hours of work, holidays, annual leave, payment of retrenchment benefits, retirement benefits and certain other conditions of service, are applicable only to:
• Workmen earning a basic monthly salary of S$4,500 or less, and
• Employees earning a basic monthly salary of S$2,500 or less.
It must be noted that the Employment of Part-Time Employees Regulation covers part-time employees who work for less than 35 hours a week.
Employees that do not fall within the Scope of the EA are referred to as common law employees. As the EA does not apply to common law employees, the terms
and conditions governing the relationship are to be mutually agreed to between the parties themselves. As discussed below, common law employees may
be entitled to benefits under the CDCA relating to maternity and paternity leave etc.

Public Holidays
If an employee is required to work on a public holiday, then the employer is required to pay an extra day’s salary at the basic rate of pay for working on the
public holiday, in addition to the gross rate of pay for that holiday.

Anyone here can provide more insights?

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chootchiew said:

I ever meetup a MOM officer regarding some disputes in salary. In summary the conclusion was..once I am not covered under EA, the contract is between me and the employer on mutual agreement. MOM will not even care if the company pays me salary. He said if I am confident that case is on my favour, I can hire a lawyer.
MOM lawyer is only there to protect the low income earner :(

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mojito said:

You are high income earner la. Don't sweat the small stuffs.

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