LETTER OF APPOINTMENTWITH TERMS AND CONDITIONS OF EMPLOYMENT
The following agreement constitutes the commitment on the part of
Hong Ye Group Pte Ltd
60 Paya Lebar Road, Paya Lebar Square #05-43
Singapore 409051
And,
The user enrolled in this platform
Being the respective parties to this employment agreement
Dear,
We are pleased to offer you the position of Cleaner, commencing on 2nd May 2019. Your employment shall be subject to the terms and conditions contained herein. Please indicate your agreement to the terms and conditions by signing the acknowledgement at the end of this letter of appointment.
TERMS AND CONDITIONS
1. PROBATION
i. You shall serve a probation period of three months from the date of commencement before the confirmation of your appointment. The Company reserves the right at its discretion to extend the probation period for any reason whatsoever. During the probation period, you shall not be entitled to any Annual Leave or other benefits such as bonuses and appropriate deduction will be made on your salary in the event of any absence from work during the probation period. For the avoidance of doubt, the terms contained herein shall continue to be applicable upon the confirmation of your employment.
2. VARIATION OF TERMS
ii. The Company reserves the right to transfer you from one company to another within the Group at any time at the sole and absolute discretion of the Company.
iii. The Company reserves the right to vry any of the terms and conditions of your employment at any time in its reasonable discretion.
3. REMUNERATION
a) Your gross remuneration shall be based on your own LOA from the date of commencement of your employment. The Company may at its discretion conduct periodic reviews of this remuneration package commensurate with your performance and contribution to the Company, upon the completion of your probation.
b) All/any adjustments of salary, whether annually or at such other time or intervals, shall be at the sole and absolute discretion of the Company.
c) The Company will pay all your salary/ salary adjustments into your designated bank account that you have provided to the Company monthly (every 21st and 6th of the month – 21st being the advance salary in which the cut-off date would be 15th of every month; the Company will take into account on your attendance and performance before paying you. As for the 6th, it will be the remaining salary that you will receive which has not been paid out to you on the 21st).
d) If the 6th and 21st falls on a public holiday, you will receive your salary within the next 2 to 3 working days.
e) Overtime payment which is based on your basic salary will be paid to your designated bank account on every 6th of the month together with your monthly salary.
f) All/any declarations of annual bonus or any other bonuses shall be made at the sole and absolute discretion of the Company and shall take into account, amongst other factors, your work performance. Any such bonuses, if declared, shall be strictly computed on the basis of the basic remuneration as set out above.
g) All/any allowances shall be variable allowances and shall be paid at the sole and absolute discretion of the Company and shall depend on the nature of your appointment in the Company.
h) For the avoidance of doubt, the aforesaid allowances, whether fixed or otherwise, shall not be considered as part of your basic remuneration.
i) The Company may deduct or offset any sum or sums of money from time to time owing to it by you from any payment which may be due to you from the Company.
j) The Company shall deduct from your gross remuneration and bonus (if any) all such sums which it is entitled to deduct under the laws of Singapore, whether for your share of Central Provident Fund contributions or for withholding tax or otherwise.
4. WORKING HOURS
a) The Company's current working days are 44 hours per week. You are entitled to 60 minutes of break. However, you may be required to work beyond the current working hours in fulfilment of your duties at the absolute discretion of the Company.
b) The Company reserves the right, at its sole discretion and without prior notice to you, to revise, amend or extend the working hours should the need arise, and you shall be informed in writing accordingly of such revision, amendment or extension.
c) Shift work is required.
d) The Company reserves the right, at its sole discretion and without prior notice to you, to revise, amend or extend the working hours should the need arise, and you shall be informed in either verbally or writing accordingly of such revision, amendment or extension.
5. ANNUAL LEAVE
You are subject to Singapore Income Tax, and you shall take full responsibility for your annual tax return and its settlement directly with the relevant authorities.
6. ANNUAL LEAVE
Besides the gazetted (Singapore) public holidays, you are entitled to seven (7) days of paid annual leave upon your completion of three continuous months of service from the date of commencement of your employment. There shall be no leave entitlement during the period of probation. An addition of one day will be added to your annual Leave entitlement for each additional year of service until a maximum of fourteen (14) days. The Company may, in its absolute discretion, grant prorated annual leave in advance prior to the completion of one year's service on a case to case basis.
a) You may carry forward a maximum of two (2) days of your earned annual leave to the next calendar year. /p>
b) Your statutory annual leave entitlement will be forfeited if you:
c) You are not to undertake on your own account or with any person(s), trade, business or profession; or to accept any form of paid employment during your leave of absence unless you have obtained the prior written consent of the Company's management.
d) All leave applications must be made in writing and at least three days in advanced and shall be approved at the absolute discretion of the Company.
7. COMPASSIONATE LEAVE
Upon one year of your employment, you are entitled to compassionate leave of up to two (2) days per year may be granted for death of your parent, spouse or children and up to one (1) day per year for the death of your grandparents and parent-in-law.
8. WEDDING LEAVE
You are entitled to two (2) days of wedding leave if you have served the Company for at least one year commencing from the date of confirmation of your employment.
9. UNPAID LEAVE/ABSENT FROM WORK
a) Unpaid leave shall be granted at the absolute discretion of the Company.
b) The Company reserves the right to terminate your employment if you were absent from work for more than two working days continuously without approval. The Company has the right to demand salary in-lieu of notice for this termination.
10. CHILD-CARE LEAVE
a) If your child is a Singapore Citizen below seven years of age and you are lawfully married or were previously lawfully married, you are entitled to six days of paid childcare leave for women, three days for men upon completion of one year of service from the date of commencement of your employment.
b) If your child is a non-Singapore Citizen below seven years of age and you are lawfully married or were previously lawfully married, you are entitled to two days of paid childcare leave upon completion of one year of service from the date of commencement of your employment.
c) If your child is below seven years of age and you are lawfully single and were not lawfully married previously, you are entitled to two days of paid childcare leave upon completion of one year of service from the date of commencement of your employment.
d) The number of paid child-care leave you are entitled to may not be utilised until you have completed at least three month's services from the date of commencement of your employment and will be prorated accordingly to your duration of employment, subject to a minimum of two days.
e) Any unused paid childcare leave within each calendar year will be forfeited and may not be carried forward to the next calendar year. You will also not be allowed to exchange the unused days for cash payment. The paid childcare leaves you are entitled to is the same regardless of the number of qualifying children you have.
11. UNPAID INFANT CARE LEAVE
a) If your child is a Singapore Citizen below two years of age and you are lawfully married or were previously lawfully married, you are entitled to six days of unpaid infant care leave upon completion of three months of service from the date of commencement of your employment.
b) Your unpaid infant care leave entitlement may not be utilised until you have completed at least three month's services from the date of commencement of your employment.
c) Any unused unpaid infant care leave within each calendar year will be forfeited and may not be carried forward to the next calendar year.
12. MATERNITY LEAVE (only for female employees)
a) If your child is not a Singapore citizen and/or you are not lawfully married at the time of confinement, you are entitled to twelve weeks of maternity leave upon completion of three months of service from the date of commencement of your employment. These twelve weeks of maternity leave shall consist of eight weeks of paid maternity leave and four weeks of unpaid maternity leave.
b) If your child is a Singapore citizen and you are lawfully married at the time of confinement, you shall be entitled to sixteen weeks of paid maternity leave.
c) If your child is not a Singapore citizen and/or you are not lawfully married at the time of confinement but your child becomes a Singapore citizen and you are lawfully married within twelve months of your child's birth, you shall be eligible for the remaining balance of the sixteen weeks of maternity leave from the date you meet both criteria. This balance maternity leave will be paid and must be taken before your child is twelve months old or it will be forfeited.
13. GOVERNMENT-PAID PATERNITY LEAVE (GPPL) (only for male employees)
a) If your child is a Singapore Citizen, are or had been lawfully married to the child's mother between conception and birth (Not applicable for adoptive fathers whose formal intent to adopt is on or after 1 January 2017); you are entitled to two (2) weeks of Government-Paid Paternity Leave (GPPL), if you have complete three months of service from the date of commencement of your employment.
14. MEDICAL LEAVE
a) Upon confirmation of three months of your employment, you are entitled to a maximum of fourteen days of paid medical leave in one calendar year. Should there be any medical leave taken during your period of probation shall be treated as unpaid medical leave.
b) Upon confirmation, you will be eligible to paid sick leave* not exceeding in the aggregate: -
i.14 days in each calendar year if hospitalization is not necessary;
ii.60 days in each calendar year if hospitalization is necessary (inclusive of the 14 days outpatient sick leave)
c) You shall notify the Company and/or your immediate superior not later than 2 hours from your shift working timing. On the first day of absence from work or as soon as is practicable thereafter and give reasons for your absence and the expected duration of your absence failing which you shall be deemed to have been absent from work without leave.
d) You are required to produce, without demand by the Company, a medical certificate in all cases where you are absent from work for medical reasons, which shall be forwarded to the Company as soon as possible. All medical certificates presented by you for the purposes of medical and/or hospitalisation leave must be issued by the Company's panel clinics, government polyclinics or restructured hospitals, failing which you shall be deemed to have been absent from work without leave. Any absence on grounds other than medical shall be subject to the approval of the Company, and where such approval is granted, may be further subject to such terms and conditions as the Company may stipulate.
e) You are required to produce, without demand by the Company, a medical certificate in all cases where you are absent from work for medical reasons, which shall be forwarded to the Company as soon as possible. All medical certificates presented by you for the purposes of medical and/or hospitalisation leave must be issued by any of the Singapore-registered clinics, Company's appointed clinics, Singapore’s polyclinics or Singapore’s private /restructured hospitals, failing which you shall be deemed to have been absent from work without leave.
f) The Company reserves the right to terminate your employment forthwith and without notice and compensation if you are absent from work on medical grounds for more than sixty days in one calendar year.
15. MEDICAL BENEFITS
After successfully passing your probation, you are eligible for the company’s medical benefits with total claimable medical fees of SGD200.
If you leave the service of the Company or terminated due to your poor performance during your probationary period, you must reimburse the Company all medical fees (including Typhoid vaccination & pre-employment check-up) incurred by you and especially all expenses incurred for processing your work permit in Singapore.
16. TRAINING/FURTHER EDUCATION
a) Upon the confirmation of your employment, you may apply for a subsidy on fees for courses that are directly related to your appointment in the Company and which will enhance the execution of your duties and responsibilities. An application for a subsidy must be made in writing to the Company. The Company reserves the right at its sole discretion to accept or reject the application, without advancing any reason whatsoever.
b) In the first 365 days of your employment, if you choose to terminate your employment on your own accord, you will bear the course fees of all the training courses you have attended or sign up for, up to your last day of service or the end date of the latest course signed up for, whichever is later, regardless of your actual attendance. Courses signed up for are not transferable or refundable.
17. TERMINATION
a) During the probationary period, your employment with the Company may be terminated in writing by either party giving to one day’s notice or the equivalent of one day’s salary in lieu of such notice.
b) Upon confirmation, your employment with the Company may be terminated in writing by either party giving to the other one week’s notice or the equivalent of one week’s salary in lieu of such notice. The Company reserves the right not to give any reason in the event of termination of employment by the Company.
c) Notwithstanding the period of notice required for termination of service, the Company shall have the right to terminate this agreement forthwith and/or your employment immediately and without liability for any compensation, loss or damage whatsoever and howsoever arising, in the event you:
i. Fail to comply with any terms and/or conditions of your employment as expressed herein or implied by law;
ii. become of unsound mind or a patient within the meaning of the Mental Disorders and Treatment Act;
iii. are convicted of a criminal offence other than a minor road traffic offence or an offence which in the opinion of the Company is a minor offence which will not adversely affect the reputation and standing of the Company;
iv. are discovered to be a drug dependent whilst in the employment of the Company;
v. are adjudged a bankrupt or make any arrangement or composition with your creditors;
vi. commit any breach of the terms and/or conditions relating to your employment or are guilty of any misconduct or neglect in the discharge of your duties and responsibilities;
vii. are absent from work without reasonable cause or notice or without prior approval from the Company;
viii. take more than one day’s sick leave without the medical certificate of a doctor;
ix. wilfully disobey a reasonable order or misconduct yourself in such a manner as would be detrimental to the smooth functioning of the Company, your work in this company or other members of the staff.
18. RESPONSIBILITIES
a) You are required to furnish, without demand, regular reports on your duties and activities to the Company either verbally or in writing.
b) The Company reserves the right to revise or modify the scope of your responsibilities and/or the scope of work and you are expected to comply so long as these are within the scope of your appointment and/or your area of competence and are in the best interests of the Company.
19. EMPLOYEE'S UNDERTAKINGS
You agree and undertake that you shall always diligently and faithfully serve the Company and promote its interests to the best of your ability.
With the same effect, you further undertake that for the duration of your employment (unless otherwise stated) you shall:
i. devote the whole of your time, attention and abilities to your employment;
ii. not solicit or transact any business in competition with the Company;
iii. not make any misrepresentation or unfavourable remark in relation to the Company, its officers, employees, clients' business, whether during or after your employment with the Company;
iv. not use any officer, employee or director of the Company or any associated company as a guarantor for any loan or hire purchase agreement and you shall not act as a guarantor for any officer, employee or director of the Company or any associated company without the prior written approval of the Company;
v. not at any time after the termination of your employment represent yourself as being interested in or employed by or in any way connected with the Company or its businesses, and if so required, the Company may place a notice to such effect in the English and/or Chinese newspapers and/or any other newspapers, the costs of which shall be borne by you in the event of breach of any of the provisions herein.
vi. In any case of missing or damage of Company’s property, compensation will be deducted off your salary.
20. CONFIDENTIALITY
a) Except as is expressly authorised by the Company in writing, you shall not disclose to any third party whatsoever, whether directly or indirectly, any information and/or confidential information as defined hereunder.
b) "Information or Confidential Information" for the purposes of this Agreement shall mean and include, without any limitation whatsoever, all business information, strategic and development plans, any matter concerning the Company, its affairs, business, shareholders, directors, officers, business associates, clients or any other person or entity having dealings with the Company.
21. SECURITY DEPOSITS OF UNIFORMS
a) There will be a security deposit of $50 from you for 2 set of uniform and a nametag given to you. This deposit will be refunded to you upon return of the uniforms in good order.
b) The deposits will be offset on your 1st salary received.