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Zachary
Zachary, Lawyer
Category: Employment Law
Satisfied Customers: 3814
Experience:  Contracts, Wrongful termination and discrimination
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Dears, Im working as an assistant manager for a hotel in

Customer Question

Dears,
I'm working as an assistant manager for a hotel in Singapore. My contract states that my minimum working hours are 44. I work 9h a day (minus 45 minutes break which I'm supposed to take within the first 2h of work), 24 days a month, which already gives 16 hours overtime (unpaid as I'm not entitled to paid overtime)
My boss is trying to force me to work at least 11 hours a day and threatens to take an action against me if I dont do it.
In addition, I usually work from 4pm to 1am, in the heat, no aircon (obviously I was informed about those conditions while signing the contract).
Kindly advise whether the phrase "MINIMUM 44h" guarantee my boss to force me to work unlimited overtime and if I can just say no (Im already contributing 16h unpaid overtime). Thank you.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question. Because you are an assistant manager, the Singapore Employment Act does not cover you. Thus, because of your title and position, you may be required by your employer to work more than 44 hours per week at your regular rate of pay.

For more information on the Singapore Employment Act, please see:
http://www.mom.gov.sg/employment-practices/employment-rights-conditions/employment-act/Pages/default.aspx

Please let me know if you have any other questions on this issue. Please also remember to rate my answer positively so that I may be compensated for my work on this question.

Thanks,
ZDN
Zachary, Lawyer
Category: Employment Law
Satisfied Customers: 3814
Experience: Contracts, Wrongful termination and discrimination
Zachary and 5 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

I do understand that I am not covered by the act and that I am not entitled to paid overtime.


However, as from my working hours - I already work 16 more than minimum and I'm being asked for more.


I would just like to know whether my employer can degrade or fire me because Im contributing only 16 h overtime. After all, I am not breaking the contract and performing all my duties.


What is more, I have been given a letter from doctor that I should be on light duty as Im prearing for a heart surgery, which was ignored.

Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your response. Because the Employment Act does not cover you, you are not automatically entitled to any medical leave benefits unless it is specifically provided in your contract.

Does your contract provide you with the right to sick leave or any other benefit which might cover your condition?

-ZDN
Customer: replied 1 year ago.

Yes, I am entitled to the medical leave which I am going to use for the hospitalization. Now I was only advised to be on light duty and the doctor prepared the letter for my HR.


 


Can they fire me, even though Im following the contract?

Expert:  Zachary replied 1 year ago.
If your contact provides you with the right to medical leave, then arguably the restriction to light duty by your doctor should trigger the medical leave provision in your contract.

Accordingly, your employer is arguably breaching the contract by requiring you to work beyond the restrictions of your medical doctor. If you refuse to work more than what your doctor's limitations are and your employer terminates you, you arguably have a claim against your employer for breach of contract.

If your employer terminates you in breach of contract, you must file a claim against the employer in your local court.

So in short, the reality is that your employer may attempt to fire you, at which point you would have to go to the court to seek protection and reinstatement into your position.

Please let me know if there is anything further I can provide for you.

-ZDN

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