Employment Law Tutorial

1. Sic Koh works for a pharmaceutical company. He has some dispute relating to medical benefits and he later resigns. Thereafter he wants to know how/where he can go about claiming the medical benefits (assume they are payable)?

2. Miss Aay Li Ann is a foreign national. Sure Prosper Pte Ltd is an employment agency operating in Singapore. X company based in Singapore, approaches Sure Prosper, asking for 10 programmers. Sure Prosper contacts various people including Miss Aay. Miss Aay signs a contract with Sure Proper. The contract provides that it is for a period of 1 year. It also provides that it may be terminated at any time by notice, by Sure Prosper, if Sure Prosper were to receive such instructions from X company. It also provides that Sure Prosper will pay Miss Aay her salary. Miss Aay starts working for X Company. X company tells her generally what is to be done. Her working hours are the same as employees of X company. Subsequently, Sure Prosper gets into financial difficulties and is placed under liquidation. 2 months salary has not been paid to Miss Aay. In the event of liquidation, the Companies Act accords special priority to the claims of unpaid employees (as opposed to non-employees) in certain circumstances. But is Miss Aay an employee of Sure Proper or X? What other relevant information would you need? Generally is the issue of whether a person is an employee or not, determined by statute law or case law or both?

3. NUS needs cleaners. It approaches X company which provides cleaning services. Gleninass is one of the cleaners hired by X company to work at NUS. X company makes sure that NUS gets 500 cleaners daily. If some one is sick, it supplies another person to replace him. NUS tells X company what is to be expected and does not directly deal with the employees such as Gleninass. X company sends in supervisors to supervise the work of the cleaners like Gleninass, though occasionally, NUS staff do tell the cleaners that certain premises (where the worker is supposed to be working) are dirty and need to be cleaned. Is Gleninass an employee of NUS?

4. Izmarti is a university student. To supplement his income, he works occasionally in DEBEST Hotel in the Food and Beverage Department. DEBEST Hotel calls him as and when there is a wedding banquet or big conference. It is usually only for a couple of hours on the days on which he is called and he is paid an hourly wage. If he is too busy (eg: studying for exams) he turns down the offer.But when he does report to the hotel, the F & B manager gives him directions as to what he is to do. He also has to wear the hotel's uniform. On one occasion, he slips on a piece of butter and injures his toe while serving some food.Can he claim Work Injury Compensation (he can do so if he is an employee) from DEBEST Hotel? Is he also entitled to paid annual leave (he certainly would be if he is an employee and has served for a continuous period of 3 months) assuming he has worked over a period of 1 year but each occasion not lasting more than 1 month?

5. Moore Kum Ee Son is a full time property agent with Dream On Pte Ltd. He is paid solely on commissions. He has to pay for the advertisements he puts in the newspapers. Is Moore Kum an employee of Dream On Pte Ltd (if so CPF would be payable) or an independent contractor? Is there any other relevant information you would need to determine the issue?

6.Soh Tra Ng works for "We Deliver the Works" Pte Ltd. He is a driver. On one occasion, while being totally drunk, Tra Ng drives the company truck to make a delivery and in the process knocks down Tham Luc Kee who is severely injured. Since Tra Ng is an employee of "We Deliver the Works" Pte Ltd - it will be vicariously liable (we'll be doing this later) to Tham Luc Kee for the ensuing damages.Would the facts above, result in civil or criminal proceedings or both?In which place/forum are the proceedings, likely to be held at? If Tra Ng is fined, who would the fine go to?