Unfairly penalised employees should not be afraid to seek help: TADM on pump attendant incident

SINGAPORE: Both local and migrant workers are protected under the Employment Act against unauthorised salary deductions, and should not be afraid to seek help if they feel they've been "unfairly penalised", said the Tripartite Alliance for Dispute Management (TADM).

TADM, which manages employment disputes between workers and employers, was responding to a CNA story where a petrol station's pump attendant was told he had to compensate a customer for a mistake.  

At the end of January, CNA received a tip-off about the incident that happened at a Caltex petrol station.  

The pump attendant, who had accidentally pumped petrol into a diesel car, was initially informed that the total repair cost was around S$400. But after a week, he was told that he had to pay the customer more than S$1,500. 

This sum included the cost of a rental car, parking fees and all transport-related costs that the customer had spent while his Kia car was in the workshop. 

The pump attendant was also told that the S$1,500 would be deducted from his salary if he failed to pay.

TADM noted that Chevron Singapore, which oversees the Caltex brand, has assured the pump attendant that he would not have to compensate the customer.

Chevron earlier told CNA that they take a "firm view on fair employment practices".

"As soon as we became aware of this incident, we reached out to the service provider and clarified that imposing financial penalties on their employee is not aligned with Chevron's values on fair employment practices," the company said. 

TADM said it will also contact the tip-off caller, who is the employee's former boss, to provide the employee with further assistance if required. 

FEAR OF LOSING JOBS STILL KEY

"If employees feel that they have been unfairly penalised, they can contact TADM for assistance. TADM will provide advice and mediation to help employees and employers resolve the dispute," it said.  

"Employees who exercise their employment rights, such as by filing a mediation request with TADM, are protected against wrongful dismissal. The Tripartite Guidelines on Wrongful Dismissal prohibits employers from dismissing employees as punishment for exercising their employment rights."

If the employees are union members, TADM added that they can approach their unions for assistance.

Local charity Humanitarian Organization for Migration Economics (HOME) said that when migrant workers encounter unfair employment practices, it would advise these workers to "seek redress through the available channels", such as through the Ministry of Manpower (MOM), and "how they may go about doing so".

Despite available channels, however, the risk of whistle-blowers losing their jobs is a key reason why migrant workers may "continue to tolerate unsafe, exploitative and abusive working conditions", HOME added. 

It also stated that migrant workers are not able to join unions. 

TYPE OF SALARY DEDUCTIONS ALLOWED

Since the incident, CNA was informed by the tip-off caller that the pump attendant indeed initially had S$1,500 deducted from his salary pending investigations – but the amount was eventually returned to him. 

According to the Manpower Ministry's website, an employer "can deduct your salary only for specific reasons". If you are a work permit holder, your employer must also inform MOM before increasing or making new deductions to your salary.

One such reason for salary deduction is for damage or loss of money or goods including work gear, tools, equipment and vehicles that the worker is responsible for, according to the ministry. 

However, before deducting the salary, the employer should hold an inquiry to determine if the employee is "directly at fault", not make deductions until the employee has had the opportunity to explain the cause of the damage or loss.

The company is also not allowed to deduct more than 25 per cent of the employee's monthly salary and the deduction should be made as a "one-time lump sum payment". 

ExxonMobil and FairPrice, which are partners for the Esso Singapore petrol stations, told CNA that staff mistakes are evaluated on a "case by case basis".

"Our general philosophy is one of shared responsibility which may include co-payment and insurance coverage. There are also open channels for station staff to provide anonymous feedback on issues of concern," said a spokesperson for the companies. 

"We seek to ensure the welfare and safety of our station staff, as we also strive to maintain high service standards."