Legal methods to claim from exboss

[Soyammmilk]

i quitted my previous company In july. In my last paycheque i have received,(not the one with pro-rated salary,its the previous month) my boss has failed to issue me with transport allowence of 500, stating poor work performance.(he owes sub-con money amounting to 60k and i get the blame for their attitude and not turning up for work)

 

I am contemplating going to MOM or Small Claims Tribunal to claim for my transport allowence as i did use my truck for work purposes(send tools and materials to/from supplier etc.)

 

Before i proceed, anyone knows whether MOM or SCT will entertain my claims? i also want to ask of you guy"s opinion before i decide to proceed or not.

 

Thanks.

[Little_prince]

is the 500 bucks allowance stated in your contract?

[Joseph22]

i quitted my previous company In july. In my last paycheque i have received,(not the one with pro-rated salary,its the previous month) my boss has failed to issue me with transport allowence of 500, stating poor work performance.(he owes sub-con money amounting to 60k and i get the blame for their attitude and not turning up for work)

 

I am contemplating going to MOM or Small Claims Tribunal to claim for my transport allowence as i did use my truck for work purposes(send tools and materials to/from supplier etc.)

 

Before i proceed, anyone knows whether MOM or SCT will entertain my claims? i also want to ask of you guy"s opinion before i decide to proceed or not.

 

Thanks.

 

7 years back my friend get MOM to fight and she did win. not sure about it now.

[Silver_blade]

No harm talking to MOM and you will know straight way if you have a case.

[Albeniz]

IIRC, MOM only steps in to act for employees with salary lower than a certain amount ($2k or $2.5k, can't remember the exact).

 

But they could give you some advice and help to recommend a free consultation with a legal advisor.

[Koko]

under labour law act, any workman with salary below S$1600 or class below executive level in company, are not cover under employment act.

If too bad, you are not cover the act, any legal action is taken at your own cost and risk. Meaning MOM will not entertain you and you have to find a lawyer to fight.

 

There are many way if you want to fight.

See if the transport allowance is under implied clause or express claused.

Also, if your contract stated basic salary xxx and transport allowance xxx...... upon resign or termination,... with one month notice or salary-in-lieu... then most likely you will not get the transport allowance

 

If your contract stated; ABC is employed by... with salary xxx (inclusive transport allowance of xxx)... upon resign or termination,... with one month notice or salary-in-lieu... then most likely you are entitle get the transport allowance back....

 

[Soyammmilk]

there isnt a contract. The 2 bosses was busy playing taichi with me when i asked them. That is part of the reason why i left. If not for the fact that i needed a job at that time i wouldnt have joined.

 

the arrangement goes like this:

 

1st 2mths- 2k per mth, no CPF deduction, $500 transport allowence

 

3rd mth onwards- 2.5k per month, with CPF deduction, $500 transport allowence, truck will be provided, otherwise will reinburse my truck(installments/insurance/roadtax)

 

However during the 3rd mth, kena deducted, received an email at end of the work month saying my salary has been 'adjusted' to 2k per month.

 

When i got the salary statement, only state 2k of salary(which seems correct coz adjusted already mah) and nothing under transport allowence.

 

So all in all, i already lugi 3 months of installments/insurance/roadtax and $500 of transport(fuel) allowence.