BA0826 EL AY2020-21 S2 MST PDF

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BA0826 Official (Closed), Non-Sensitive

SINGAPORE POLYTECHNIC SCHOOL OF BUSINESS 2020/2021 Semester 2 Mid-Semester Test (25%)

Diploma in Human Resource Management with Psychology Stage 2B

Time Allowed: 1 Hr + 10 Mins (inclusive of 10 mins reading time)

EMPLOYMENT LAW

Instructions to candidates: 1.

Write your admission number and class on the answer booklet provided.

2.

Answer all questions in ink.

3.

Write your answers in the answer booklet provided. Please note that question paper will not be collected.

4.

This written test consists of the following: Question 1: Question 2: Question 3:

5.

23 marks 12 marks 15 marks -----------50 marks ------------

This continual assessment consists of 4 pages including the cover page.

AY2020/2021 S2

Page 1 of 4

BA0826 Official (Closed), Non-Sensitive 1.

In the weekly column of ‘Work & You’, the Employment Times, members of the public are invited to write in on their work-related issues to a panel of human resource experts. The following enquires were received by the panel:

a.

I understand from my friend that an employer can ‘fire’ an employee without any notice in Singapore. What are the various situations where an employer can legally terminate an employee’s contract without any notice? (8 marks)

b.

I have worked with Rejoice Employment Agency as a customer service assistant for six years. My last drawn basic salary was $2000 per month. I have resigned and I am required to serve two weeks’ notice in accordance with my contract of service. I would like to take annual leave during the notice period to clear my leave but my employer refused to approve my leave application. Am I covered under Part IV of the Employment Act? Can my employer disallow me from taking annual leave during the notice period? Under what circumstances will my annual leave be forfeited? (7 marks)

c.

My friend, who is one of the tyre technicians of the tyre workshop next to my workplace, works 10 hours a day and 8 hours on Saturday. He earns a monthly income of $3000. These working hours were the employment terms that were mutually agreed upon in his contract. But now, I heard that the Ministry of Manpower wants the tyre workshop to strictly adhere to the working hours under the Employment Act. Since there was a mutual agreement on the working hours in the contract, is the company obliged to change the terms? Recently, my friend was given a stretch of 10 days of hospitalisation leave by his doctor and there was a rest day and a public holiday within this period. In this case, is it correct if his company said that he has taken 10 days of hospitalisation leave? (4 marks)

d.

I would like to bring up my sister's case against the company she worked at for 30 years. Her services were terminated when she was 55 years old. The reason given to her was that the company had been suffering financial losses and needed to restructure and cut costs due to the Covid-19 pandemic. As a result, the company had to make two job positions redundant, including that of my sister’s. She was offered a part-time position but my sister declined the offer. In dismissing her, the company paid her notice pay and payment for outstanding unused annual leave. A few months before she was asked to leave, the company recruited one employee for a different portfolio and one employee to assist my sister but she left prior to my sister’s dismissal. Can you advise me if her dismissal is considered wrongful on grounds of age? (4 marks)

With reference to the Employment Act in Singapore, advise the writers on the above queries by citing the relevant provisions in the Act.

AY2020/2021 S2

Page 2 of 4

BA0826 Official (Closed), Non-Sensitive 2.

Cleaners in Housing and Development Board (HDB) estates have been clocking longer hours, working up to 14 hours a day since the start of the Covid-19 pandemic, but not all of them were getting overtime pay. With more people working from home and ordering in food instead of dining out, bin chutes in housing estates are filling up faster, resulting in more work for bin collectors. Three out of 10 conservancy workers TODAY spoke to - all of whom are Bangladeshi work permit holders said they were getting the same pay despite the longer hours. Some also said that they had to work even if they had ‘minor illnesses’ like flu and cough. Most said that they work weekends and get no days off per week. Based on findings by Humanitarian Organisation for Migration Economics (HOME), Bangladeshi conservancy workers earn around S$2 an hour even after adding payments for overtime and working on their rest day. “It is unclear, however, if these entitlements are calculated in full compliance with Singapore’s labour laws, as time cards and itemised payslips have not been issued,” HOME said. Most conservancy workers said they had no days off and worked every day throughout the year. When they work on weekends and public holidays, they are given overtime pay instead. Conservancy worker Sajib, 27, who works in an HDB estate in Aljunied Crescent, said he gets only half a day off on Saturdays. His employer, TLSS, said in response to TODAY’s queries that while it offers its workers days off, most of them take half-days off instead. TLSS’ workers are also given annual leave for them to return to their home country. Healthcare benefits for workers also varied. Some companies pay for their employees’ medical bills in full, but some workers like Ahmad and Sabbir said they have to pay for medicine costs because their company subsidises only the consultation fees. If they fall sick, they can get a medical certificate to rest, but that is only reserved for more serious illnesses like fever and not for ‘minor’ ones such as cough or flu. (Adapted from the article, “Longer hours for conservancy workers due to Covid-19, but some not getting more pay”, Today, 13 September 2020)

a.

From the scenario, identify the infringements of any four provisions/entitlements under the Employment Act which were committed by the employers of the conservancy workers. (8 marks)

b.

With reference to the employer’s obligation for medical reimbursement under the Employment Act, state the type of medical expenses that Ahmad’s employer is obliged to pay; and eligibility conditions that Ahmad must fulfil before his employer is legally obliged to reimburse him for his medical bill. (4 marks)

AY2020/2021 S2

Page 3 of 4

BA0826 Official (Closed), Non-Sensitive 3.

Anthony worked a 5-day week from Monday to Friday as a technician. He was not given an employment contract by his company. His monthly basic rate of pay was $1900. He was also paid a monthly $100 attendance allowance. He was into his 4th year of service with the company when he tendered his resignation on 4 May 2020. He was not able to serve the full notice period as his new employer required his services urgently. As he has consumed all his annual leave in 2019, he requested his current employer to allow him to use his pro-rated annual leave entitlement for 2020 to offset part of his notice period. After some consideration, his employer acceded to his request. May 2020 Mon

Tue

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Labour Day

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7 Vesak Day

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24 Hari Raya Puasa

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You are required to show workings for all computations. a.

State the required length of notice period that Anthony must serve to the company. When should his last day of work be if he is required to serve the full notice period? (2 marks)

b.

Compute Anthony’s pro-rated annual leave entitlement for 2020.

c.

As the company has acceded to his request to use his annual leave to offset part of his notice period, i. state his official last day of work; (1 mark) ii. compute the amount of salary due to Anthony for the month of May 2020. (3 marks)

d.

Assume that Anthony is requested to work 3 hours on Saturday, 2 May 2020; compute his payment for work on that day. (4 marks)

e.

Explain when the company has to pay Anthony for his final salary under the Employment Act. (2 marks)

(3 marks)

- End -

AY2020/2021 S2

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