The "Contract of Overtime" signed by migrant workers in a nursing home - for $400 per month, 11 hours work per day, all OT salaries is deduct for food & accomodation, and 1 rest-day per month. This company works on 12 shiftwork [daily 11 hours actual work - with breaks ]. Workers clock around 70 hours of work per week.
No Singaporean would want to work under such terms of employment. Cutting CPF, reducing retrenchment benefits and increasing GST is not going to save jobs or create jobs for Singaporeans if the above conditions of employment continues! No Singaporean will take this job under this working conditions. If the working conditions are improved and with a fair wage then Singaporeans will line-up for the job. A 40 hours workweek and minimum wage is key to creating jobs that will become attractive to most Singaporeans. _________________________________________________________________________
Addition to the Terms of Employment
CONTRACT OF OVERTIME
In addition to the Terms of Employment, we hereby list below the schedule of overtime which you have request for:
1. WORKING HOURS
Morning shift: The Overtime shall start from 1600 hours and ends at 1900 hours. This will include a tea break of 15 minute daily.
Night Shift: The overtime shall start from 1900 to 2200 hours. This will include a supper time of 15 minutes daily.
2. Rest Day You will be having overtime on three (3) of the rest days per month during your first year of service and thereafter overtime on two (2) of the rest days per month for your subsequent years of service.
3. Public Holidays You will be scheduled to enjoy two (2) of the Public Holidays for the celebration of your New year and overtime for the rest of the Public Holidays.
All the above-mentioned overtime will be paid according to the rates stated in the terms of employment and accordingly will be used to pay for the cost of food and accomodation provided by the Company.
Please confirm your acceptance of the above terms and conditions by signing below.
Yours faithfully,
Personnel Executive
I fully accept and agree to the above terms
Employee /IC or Work Permit No.
__________________________________________________________________
TERMS OF EMPLOYMENT
We are pleased to offer you employment with our company on the terms and conditions as follows:
1. POSITION: Nursing Aid
2. STARTING DATE: [first working day]
3. BASE SALARY S$400 [with effect from .till end of current 2-years term contract]
4. WORKING HOURS The number of working hours shall be 44 hours per week and overtime is guaranteed as per your request. There shall be two (2) rotating shifits scheduled daily in the morning and night.
Morning Shift: The working hours shall start from 0800 hours and ends at 1600 hours. The lunch time shall be 40 minutes daily. Night shift: The working hours start from 2200 hours and ends at 0800 hours in the next morning. The breakfast time shall be 20 minutes daily plus 2 hurs and 20 minutes of rest time.
5. REST DAY You are entitled to one rest day per week. Such rest days should not be scheduled during weekend owning to the nature of our service, as vistors to the . are at its peak. Employee working on such rest day (s) will be paid at two (2) times the ordinary rate of pay for that day.
6. PUBLIC HOLIDAYS You are entitled to all the eleven (11) public holidays per year in Singapore. Employee working on such holiday(s) will be paid an extra day's salary in addition to the ordinary rate of pay for that day.
7. OVERTIME You are entitled to overtime claim at 1.5 times the hourly rate of pay.
8. PROBATION Your period of probation will be six (6) months from the date of appointment, after which time, you will be considered for confirmation in your post.
9. ANNUAL LEAVE You are entitled to 7 working days of annual leave for the first year of service or pro-rated annual leave provided you have completed 3 months' service with the Company. You shall be entitled to one extra day of annual leave for every subsequent 12 months' of continuous service.
10. SICK LEAVE You are entitled to 14 days' sick leave per calendar year and 60 days' hospitalization leave, including the 14 days outpatient sick leave provided you have worked for at least 6 months with the Company. Such sick leave will only be recognized and granted with certification from a Government's medical officer or our Company's doctors. In case of emegence (outside office hours or during public holidays) a certificate issued by any registered medical practitioner shall be recognized. However The Company reserves the right to refer the employee to the Company's doctor for second opinion
11. MEDICAL BENEFITS If you have worked for the Company for at least 6 months, the Company shall pay for your medical examination such as consultation fees. Such medical expenses will only recognized with certification from Government's medical officer or our own company's doctors. Other medical expenses such as medicine may be paid at the discretion of the Company.
12. 13TH MONTH'S PAY AND LONG SERVICE INCENTIVE AWARD The December Long Service incentive Award is in appreciation of staff's loyalty and good performance. If the staff meets with the above criteria, for each additional year of service, you will enjoy an extra 5 days incentive pay an this will be accumulated as the years goes on. The table below shows the calculation of the 13th month's pay plus the December Long Service Award.
i) On completion of one (1) calender year - one (1) Month
ii) On completion of two (2) calender year - one (1) Month + 5 days
iii) On completion of three (3) calender year - one (1) Month + 10 days
iv) On completion of four (4) calender year - one (1) Month + 15 days And so on up to a maximum of two (2) months in total.
13. FOOD AND ACCOMODATION The cost of food and accomodation provided by the company shall be offset by the overtime, public holidays and rest days pay as per your request.
14. PROVISION OF UNIFORMS Three (3) sets of uniforms will be provided to employee who continue their employment with the ..after 3 months of service.
15. NOTICE OF TERMINATION Either party may terminate this agreement by the serving of one month notice in writing or pay one month salary in lieu of notice of termination. However, the Company retains the right to terminate an employee without notice for cause which may included, but not limited to negligence, misconduct, breach of employment agreement, or such other circumstances necessitating immediate dismissal.
16. LIQUIDATED DAMAGE The employment contract shall be for a period of two (2) years from the date of commencement of work.
In the event you leave the Company on your own accord before completing of the two (2) years, you are required to pay the Company a liquidated damage amount of S$1,000.00 {Singapore Dollars: One Thousand Only).
17. AIR-TICKET AND MISCELLANEOUS EXPENSES Under the circumstances of leaving on your own accord or upon termination for cause before completing the tqo (2) year's contract, the air ticket and cancellation costs for repatriation back from Singapore to your country of origin will be borne by you.
18. SCOPE OF DUTIES AND RESPONSIBILITIES Please refer to the attached Schedule.
Please confirm your acceptance of the above terms and conditions by signing below.
We hope you can contribute your best towards the .., and we look forward to a fruitful and happy working relationship together.
Yours faithfully I fully accept and agree to the above terms of Employment
Personnel Executive Name: Employee/ IC/ Work Permit No.
_______________________________________________________________________
In summary what the TERMS OF EMPLOYMENT/ CONTRACT OF OVERTIME means:
- Basic salary $400 per month
- 44 hours per week plus 27 hours overtime [ 3 hours OT daily] = 71 hours per week
- [weekly normal 44 hour of work + 27 h OT = 71 hours]
- morning shift 0800 to 1600 hours; - night shift 2200 to 0800 hours
- 1 rest day per week - rest day OT at employee's request is paid the normal rate for a days work 8h
- Work on 3 rest days a month and 1 rest-day off per month.
FOOD AND ACCOMODATION: The cost of food and accomodation provided by the Company shall be offset by the Overtime, public holidays and rest days as per your resquest.** [$250 - $350] no amount mention by company.
DAILY HOUR OF WORK [INCLUDES ADDITIONAL CONTRACT OF OVERTIME]
** Operating 2 work shift 12 hours [8 hours workday plus 3 hours OT daily] and 7 days a week [weekly normal 44 hour + 27 h OT = 71 hours]
**one rest day per month for the first year!
Morning shift: 0800 TO 1600 h Overtime 1600 - 1900 hours [less 15 mins break]
Night shift: overtime 1900 - 2200 hours [less 15 mina break] Work hours 2200 -0800 h
Per week 6 working days total OT : 16 hours 45 mins [Daily 2 h 45 m] Per week 1 rest day total OT:7 hours 20 mins + 2 hours 45 mins = 10 hours 05 mins
Total overtime per week:26 hours 50 mins
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HOURLY RATE OF PAY
12 x $400 [ Monthly basic pay]$4800 divide by 52 X 44 [weekly hours of work] 2288 H = $2.0979
OT Payment weekday* rate is only 1.5 times
PER WEEK 6 workdays: 16 h 45 m x $2. 0979 x 1. 5 = $35. 926
Rest day OT at employee's request: 10 h 05 M
8 h x 2.0979 x 1 =$16.783
2 h 05 m x 1. 5 = $ 4. 370
Total = $ 21. 153
Total amount of OT earn per week is $ 57.079
The estimate OT per month $57. 079 x 4 weeks = $228.316
The total amount of $228.316 deducted for the cost of food and accomodation provided by the Company.
Liquidated damage: If the worker leaves the company on his/her accord before completing the two years contract, the worker is required to pay the company $1000 in liquidated damages. Moreover, has to pay for his/her own airfare to return to country of origin.
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