HRSINGAPORE Community Discussions

Overtime Exemption

Question

Dear HR Professionals,

I would like to seek for advise with regard to overtime pay. As there is a capped of 72 hours overtime per month. And for time being, we do not have have/apply for OT Exemption.Therefore, I would like to ask:

1)  If employee had worked exceeded the 72 hours for that month. Can I bring forward the extra OT to next month?

2)  If so, will there be any breach with MOM?

3)  Do I need to issue any letter to employee to inform them about the changes?

Thank you

Ho


Reply 1

The company would have breached the compliance:

1. OT paid out beyond the 14 days from last salary period

2. OT exceeded 72 hours per month. However, it may be accepted if this is only case and an exception.

3. Under CPF Act, if applicable, the delayed OT payment must be computed as , ‘Additional Wages’. Or else, the risk of administrative infringement.

Henri


Reply 2

Cannot that’s illegal. You ccannot “bring forward” the overtime.

If really need to exceed, then do seek exemption.

Chris


Reply 3

Without OT exemption, it is a regulatory breach for an employee to work more than 72 hours of OT a month. Employer is not allowed to carry forward the extra OT hours to the following month.

KS


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