Hello people,
I helped start up a company a while ago with some people I know but due to disagreements I feel it is time to part ways. When the company started no contract was issued as we were all friends, all equal, and agreed verbally on the can's and can not's. I now, like the other's take a wage from the company via PAYE, and as a sign of respect will give the other members a month's notice when I decide to go. What I am worried about is that if I work that month, and then the other's decide not to pay me (as my move away could potentially damage them, and they may be bitter), is there any law that can protect me and see I get my last wage?
Thanks so much in advance.
2007-11-14 22:37:46 · 9 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
As it is becoming more formal, I suggest you get a contract as it protects you as well as them.
Without a contract, they will still legally owe you the money which you can sue for, but without a contract, you may not get any holiday pay/sick pay or they may give you no notice irrespective of your verbal agreement.
Don;t worry about asking for the contract as it does show that you are committed to them, but just making sure everybody knows where they stand. It is very unprofessional to operate a business without having staff contracts
2007-11-14 22:44:20 · answer #1 · answered by Marky 6 · 2⤊ 0⤋
A verbal or written employment agreement is a contract by law in Singapore.
In the absence of written agreement, MOM laws stays esp for termination clause. If you have juz started your new job, your notice to resign is only 1 day.
So there should not be any hard and fuss about this problem.
By right, if you leave, your wages should be paid to you on your last day or politely mail to you or call you to pick up.
If you still do not receive your payment, you can log in to MOM website and file a complaint online.
Hope this helps!
2007-11-14 22:50:36 · answer #2 · answered by Powergirl 2 · 0⤊ 0⤋
You sound as though you may have moved from a partnership basis to an employer/employee basis. In which case, you all need to stipulate this in an employment contract. However if you are now treated as an employee, a contract exists between you whether it is in writing or not. As an employee you have certain rights including payment, holidays, etc.
I would get legal advice if I were you. Call the CAB and ask to make an appointment with an Employment Advisor
2007-11-14 22:53:31 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Under Uk employment law, a contract exists if you are offered work, turn up and do it and are paid. Written terms and conditions, which I think is what you are talking about, have to be issued within 8 weeks of the employee starting. In the absence of written terms and conditions, the statutory rules apply and these are at www.acas.gov.uk in full. If you have been there under a year you only have to give a weeks notice - the other notice periods are on the website.
So, basically, if you work your notice, they are obliged to pay you. If they fail to do so, you can take them to the Small Claims Court.
2007-11-14 22:49:55 · answer #4 · answered by fengirl2 7 · 1⤊ 0⤋
Yes, if you give a months notice and work that month out, they are legally obliged to pay you for that month, Contract of Employment or not.
It seems that you may be jumping the gun a little unless you have been told that you are expected to give your notice and work it out, and they have told you that they will not pay you for that final month.
If they have said this, you are well within your rights to say that if you are not going to be paid for that final month, you are not obliged to work it.
If you leave then they are likely to be left even more in the lurch.
I suggest you contact your local Citizens Advice Bureau (CAB). They are a free and highly confidential service which should be able to advice you.
You can also contact the Advisory Conciliation & Arbitration Service (ACAS). This is another free and independent service set up by the Government to advise people of their rights in the work place.
The web address for ACAS is:
http://www.acas.org.uk/
Poseidon
2007-11-14 22:55:48 · answer #5 · answered by Poseidon 7 · 1⤊ 0⤋
Your situation could be quite confusing. If you are a partner in the company, meaning you are an owner, you may not be considered an employee, which would make things altogether different.
If you are an employee, the company must pay you for all time worked.
2007-11-15 02:20:34 · answer #6 · answered by coolrockboy380 4 · 0⤊ 0⤋
I'd agree with Markymark, the time has come to sort out proper contracts - it's not a sign of distrust or weakness, it's a sign of professionalism. If it really hits the fan, you can sue for unpaid wages.
2007-11-14 22:47:35 · answer #7 · answered by champer 7 · 1⤊ 0⤋
you are entitled to the pay for the hours you have worked no matter what your status in the company is! not having a written contract might be a bit funny though?
contact your local citizens advice bureau / office of fair trading and they will tell you all of the ins and outs of your situation.
hope this is of help to you and good luck!
2007-11-14 22:51:54 · answer #8 · answered by ANDY M 3 · 0⤊ 0⤋
yes. be cleared and get paid. talk to all concern. k?
2007-11-14 22:53:54 · answer #9 · answered by red blue 2 · 0⤊ 0⤋