On sacked, sick and unpaid workers
by Wan Ting Koh
IT’S all about workers’ rights early this year, with a few prominent cases making headlines and even into Parliament. The issues all revolve around what is fair for an employee – whether it concerns his or her termination, taking sick leave, or even whether he or she is getting paid.
In Parliament this afternoon (Feb 7), MP Tan Wu Meng asked for updates on the Surbana Jurong terminations, with NCMP Daniel Goh following up on what constitutes due and fair process in dismissing employees due to poor performance, and how employees can seek redress.
Surbana Jurong, a Temasek Holdings-owned infrastructure consultancy, came under the spotlight last month for terminating 54 of its employees, a practice which it said was part of a performance review. The lay-offs raised concerns that the company was retrenching workers under the banner of poor performance so that it wouldn’t have to pay additional compensation to its employees.
Surbana has insisted that the terminations were not a retrenchment exercise. Its chief executive Wong Heang Fine sent an email to staff following news of the terminations, informing them that the company “cannot allow a small proportion of poor performers to be a drag on the rest of the organisation”.
“We cannot allow our 1 per cent of poor performers to continue to affect the rest of the 99 per cent of staff who are performing,” he said in the email.
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After their dismissal, terminated employees took the issue to two unions, the Singapore Industrial and Services Employees’ Union and the Building Construction and Timber Industries Employees’ Union, and the Ministry of Manpower (MOM).
Surbana later acknowledged in a joint statement with the unions that the process “could have been better managed”. It added that it would work closely with the unions to provide an “equitable and mutually agreeable arrangement” for the affected workers and to help them find new jobs.
When asked for an update on the Surbana case, Minister for Manpower Lim Swee Say said that the company and unions have reached a “fair settlement” of ex gratia payments. This means that Surbana will pay a sum of money to affected workers even though there is no obligation for it. Mr Lim added that Surbana’s mass termination and then public labelling of the employees as poor performers were “unacceptable”.
There may be other factors such as working environment and HR practices, said Mr Lim, adding that a poor performance in one company doesn’t mean it will be the same for the next company.
Mr Lim said that companies dismissing employees over poor performance have to substantiate their claim with documented evidence. “If the employer cannot substantiate, he may be ordered to reinstate the employee or pay compensation,” said Mr Lim. He added that employees who feel that they’ve been unfairly terminated may approach MOM, which will ask the companies for proof.
Being prematurely dismissed is one matter. What if you’re not being paid your salary?
Some 6,000 salary non-payment and short payment cases were lodged by employees last year and in 2015. Mr Lim gave the breakdown of cases in a written answer to NMP Kok Heng Leun’s parliamentary question last month about how many such cases had been referred to the Labour Court.
Of the 3,000 cases referred, 1,400 cases had the Labour Court issuing court orders in favour of employees. Out of these, 800 cases saw employees being paid within 14 days while 250 cases had employees who were paid after 14 days. A total of 350 cases were defaulted as the 200 companies involved were in financial straits or had ceased operations.
Some 25 employers were charged in court for more egregious offences each year for the past two years, Mr Lim added. These charges may include failure to pay salaries on time, or not paying a dismissed employee within three days of termination, and each charge carries a fine of not more than $15,000, or a jail term not exceeding six months, or both.
Sick leave entitlement
Employers are expected to excuse employees with sick leave or hospitalisation leave from work too. MOM called these “basic protections” after several Singapore Airlines (SIA) employees claimed that taking sick leave would affect their chances of promotion. Their allegations came after SIA stewardess, Ms Vanessa Yeap, 38, was found dead in a San Francisco hotel room on Jan 31 (United States time). She was reportedly ill two days before her death.
According to crew members interviewed by ST, every employee has 10 incentive points each year and these are docked when the employee submit medical certificates for common illnesses. All points are lost when the member of the staff accumulates 12 medical certificates.
Points are considered in the staff’s annual appraisals, though they account for less than 5 per cent of the weightage.
When contacted by ST, SIA said that operating with a medical certificate is a disciplinary lapse. It declined to say how it measured performance of its staff, but said that it takes into account many other factors apart from crew attendance.
It said: “As with all other businesses, employee productivity and attendance at work are important for a successful airline operation. Although crew attendance is a component in the performance management process, we would like to emphasise that crew performance is measured across many other factors.”
In response to concerns, MOM issued a statement yesterday saying it expects all employers to excuse their employees from work if they have a medical certificate.
It added: “Paid sick and hospitalisation leave is a basic protection under the Employment Act and is also a core benefit in collective agreements… employers should avoid penalising an employee solely based on his consumption of sick leave.”
According to ST, MOM is in touch with the SIA Staff Union and SIA’s management over the issue.
Under the law, employees with three months of service get five days of sick leave and 15 days of hospitalisation leave.
Featured image from TMG file.
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