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MOM and TADM's Clarification on Transient Workers Count Too (TWC2) Article on Migrant Worker's Non-Issuance of Itemised Pay Slips

Employment practices Foreign manpower

On 4 Jan 2024, Transient Workers Count Too (TWC2) published an article, “How the law on payslips slips away into irrelevance”, with inaccuracies and misinformation on the Ministry of Manpower (MOM) and the Tripartite Alliance of Dispute Management (TADM).  TWC2 did not seek to verify the accuracy of information with MOM and TADM before publishing the misleading article.

Please see below for MOM and TADM’s clarification of the facts in TWC2’s article:

Allegation #1

TWC2 alleged that MOM embarked on the Workright campaign because there was a widespread problem of employees not getting itemised pay slips.    

This is not true.

MOM's inspections have showed that almost all the companies inspected have provided itemised pay slips to their workers.

Furthermore, MOM’s Workright campaigns have been conducted annually since 2013 (except in 2020 due to the COVID-19 situation). Each year there are different focus areas to educate employees and employers about their employment rights and obligations.

Allegation #2

According to TWC2, Kajal had to forgo pursuing claims for the months before October 2023 as it was a challenge to substantiate his claims for those months without access to his payslips.

This is not true. Kajal could have filed salary claims for months prior to October 2023, and TADM would have mediated the claims accordingly. During mediation, he confirmed that he had no salary issues before October 2023. We note that TWC2, who was assisting Kajal with his salary claims computation, did not include claims for months prior to October 2023 as well.

Allegation #3

TWC2 alleged that Kajal’s request for payslips from his employer was futile even after going through TADM and MOM. There were no visible consequences for the employer’s non-compliance. 

It is inaccurate for TWC2 to state that there will be no consequences in the event of non-compliance. MOM is currently investigating the employer on the non-issuance of itemised pay slips under the Employment Act. MOM will assess and take appropriate actions, including getting the employers to make the necessary rectifications, or imposing penalties for more serious breaches.

Allegation #4

TWC2 alleged that the lack of enforcement of itemised pay slips by MOM compromises the ability of workers to recover the full amount of salaries they are owed.

This is not true. Workers’ ability to recover salaries is not compromised if employers do not give itemised pay slips. The onus is always on the employer to prove that salaries have been paid, which was the case for Kajal as well. During mediation, the employer was unable to produce the worker’s pay slips.  Hence, he fully settled Kajal’s salary claims from October to December 2023.

MOM also conducts around 5,000 Workright inspections yearly to check on compliance with the employment laws including provision of itemised pay slips. These workplace inspections help to educate employers to comply with our labour laws, and employees are aware of their employment rights. If employers have lapses, MOM will take a range of actions ranging from education, training and penalties to help employers comply with our laws.