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19/04/2011 10:27:08
Re: Salary Calculate

Hi, I want to ask some advise on salary calculation.
Recently my company got 2 staff resign without giving any notice. In the offer letter, it stated the following:-

"During the probationary period, either party may terminate the contract of employment by giving seven (7) days written notice or pay in lieu of notice."

The problem is as follow:-

Staff A : His salary is calculate based on (basic / 26 * DW) + Commission
Question : If we minus the 7 days salary, it is include the commission on the 7 days or just based on the basic?

Staff B : This staff is a Part timer, her salary is fully based on commission.
Question : She only work here for 8 days, Can we minus the 7 days commission?

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KL Siew
19/04/2011 18:45:14
From the section of the Employment Act quoted below, it looks like not based only basic salary.

13. Termination of contract without notice.

(1) Either party to a contract of service may terminate such contract of service without notice or, if notice has already been given in accordance with section 12, without waiting for the expiry of that notice, by paying to the other party an indemnity of a sum equal to the amount of wages which would have accrued to the employee during the term of such notice or during the unexpired term of such notice,
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