Is It Fair for My Company to Withhold My Salary Without a Signed Contract? Seeking Advice in Singapore

Singapore

I have worked at company Z for a period of four months. During this period, the company did not ask me to sign any letter of contract/employment. I was verbally told that I was a confirmed staff. No letter was given.

On 25th February 2008, I submitted my resignation letter on the spot. I was told that I will have to give either one month's notice or a month's salary in lieu if I fail to do so.

I informed them that I will pay them. I need to go to the bank first.

Shortly, I received two SMS (Short Messaging Service) via mobile phone from the company stating that if I fail to pay them a month's salary by the next day, I will be hearing from their lawyer soon.

I paid them by cheque that very day. However, I was not paid that month's salary (February).

Hence, I would like to know, since I did not sign any official contract with them, is it in the company's right not to pay me for the month's salary but for me to pay them a month's salary in lieu. In this case, the company will have actually received nearly two months of salary.

Kindly advise me and who can I seek help from in Singapore?

Thanks.

Hi,

If you are working in an establishment (at least in Madras Shops and establishment, there are provisions, and I presume you have similar provisions in other states too), there are provisions in the Shops and Establishment act to address the payment of your salary to the Labour Officer. The procedure is simple, and you can do it yourself. You do not need an advocate.

Try it.

Siva

Once you have deposited one month's salary in lieu of resignation in the form of a cheque, the question does not arise as to whether you have been given an appointment letter or not, or if there is any contract between you. As per company requirements, you have provided a cheque for one month's salary. Now, it is the company's duty to release the salary for the last month you have served. If the payment of salary is delayed, you may submit an application on plain paper to the Labor Officer of your district for advice to be given to the company.

(GK Sharma)