How to Claim Unpaid Salary in Singapore — MOM Employment Act Guide 2026
How to Claim Unpaid Salary in Singapore — MOM Employment Act Guide 2026
Plain-English Summary: If your employer hasn't paid your salary on time in Singapore, you can take action under the Employment Act. First, check if you are covered by the Act (most employees are). Then, try to resolve the issue directly with your employer. If that fails, you can file a claim with the Ministry of Manpower (MOM) through the Tripartite Alliance for Dispute Management (TADM) or the Employment Claims Tribunals (ECT). This guide walks you through the steps, from checking your rights to getting your unpaid salary back.
Understanding Your Rights Under the Employment Act
The Employment Act (Chapter 91) is Singapore's main labour law. It sets out basic employment terms, including salary payment rules. Under the Act, your employer must pay your salary at least once a month, within 7 days after the end of the salary period. For example, if your salary period ends on the last day of the month, payment is due by the 7th of the next month. If your employer fails to do this, they are in breach of the law.
Most employees in Singapore are covered by the Employment Act, including foreign workers (except domestic workers and seafarers, who have separate rules). Managers and executives earning a basic monthly salary of more than S$4,500 are not covered for certain parts of the Act, such as hours of work and overtime, but they are still covered for salary-related claims. For a full list of who is covered, check MOM's Employment Act coverage page at mom.gov.sg.
Your salary must be paid in Singapore dollars, and deductions are only allowed in specific situations (e.g., CPF contributions, income tax, or with your written consent for things like loans or advances). If your employer makes unauthorised deductions, you can also claim those back.
Step-by-Step Guide to Claiming Unpaid Salary
Step 1: Check Your Employment Contract and Payslips
Start by reviewing your employment contract and recent payslips. Look for the agreed salary amount, payment date, and any deductions. Make sure you have a clear record of what you are owed. If you don't have payslips, ask your employer for them — under the Employment Act, employers must issue itemised payslips at least once a month.
Keep copies of all relevant documents, including your contract, payslips, emails, and text messages about salary issues. This evidence will be crucial if you need to file a claim.
Step 2: Communicate with Your Employer
Before escalating the matter, try to resolve it informally. Speak to your employer or HR department directly. Explain the situation clearly — for example, "My salary for March 2026 was due on 7 April 2026 but I have not received it. Can you confirm when it will be paid?" Sometimes, it's a genuine administrative error, and a friendly reminder is enough.
If the employer acknowledges the issue but delays payment, ask for a written commitment on a new payment date. This helps if you need to prove later that you tried to resolve the matter amicably.
Step 3: Seek Help from the Tripartite Alliance for Dispute Management (TADM)
If talking to your employer doesn't work, the next step is to approach the Tripartite Alliance for Dispute Management (TADM). TADM is part of MOM and provides mediation services for salary disputes. You can visit their office at 1500 Bendemeer Road (near Lavender MRT) or file a claim online via the MOM website at mom.gov.sg.
To use TADM, you need to make an appointment. You'll bring your documents (contract, payslips, correspondence) and explain your case. A mediator will then facilitate a discussion between you and your employer. The goal is to reach a settlement without going to court. Mediation is free and usually takes a few weeks.
If mediation fails, TADM will issue a "claim referral certificate" or "mediation outcome report". This certificate is necessary to proceed to the next step — the Employment Claims Tribunals.
Step 4: File a Claim at the Employment Claims Tribunals (ECT)
The Employment Claims Tribunals (ECT) is a court that handles salary-related disputes. You must have a claim referral certificate from TADM before you can file a claim at the ECT. The ECT is located at the State Courts at 1 Havelock Square. You can file your claim online through the Community Justice and Tribunals System (CJTS) at sgcourts.gov.sg.
At the ECT, a tribunal magistrate will hear your case. You'll present your evidence, and your employer will have a chance to respond. The process is designed to be simple and informal — you don't need a lawyer, though you can engage one if you prefer. The ECT can order your employer to pay the unpaid salary, plus interest in some cases. The claim limit is S$20,000 (or S$30,000 if you went through TADM mediation first).
If you win, the employer must comply. If they don't, you can take enforcement action, such as applying to the court to seize their assets. But this is rare — most employers pay once a court order is made.
Step 5: Consider Other Options
If your employer is insolvent (e.g., they have gone bankrupt or are winding up), you may need to file a claim with the Insolvency Office (part of the Ministry of Law) as a creditor. This is more complex, and you may want to seek legal advice from a lawyer or the Consumers Association of Singapore (CASE) at case.org.sg.
Also, if the unpaid salary involves a large amount or the employer is uncooperative, consider reporting the matter to MOM for investigation. MOM can take enforcement action against employers who violate the Employment Act, including imposing fines or banning them from employing foreign workers.
Important Deadlines and Time Limits
You must act quickly. Under the Employment Act, you have one year from the date the salary was due to file a claim with TADM or the ECT. For example, if your salary for January 2026 was due on 7 February 2026, you must file your claim by 6 February 2027. Missing this deadline means you lose your right to claim that salary.
For salary arrears that span multiple months, the one-year period applies to each individual payment. So, if you have unpaid salary from December 2025 and March 2026, you can still claim the March 2026 amount even if the December 2025 deadline has passed. But it's best to file as soon as possible.
What to Do If You Are a Foreign Worker
Foreign workers in Singapore (on Work Permits, S Passes, or Employment Passes) have the same rights under the Employment Act for salary claims. However, there are additional protections. For example, your employer must provide you with a salary statement and cannot make you pay for your work permit application fees. If your employer threatens to cancel your work permit if you complain, that is illegal — you can report this to MOM.
If you are a foreign domestic worker (FDW), the Employment Act does not apply to salary claims. Instead, you should contact the Ministry of Manpower's Foreign Domestic Worker Association (FDWA) or the Centre for Domestic Employees (CDE) at cde.org.sg for help.
Costs and Legal Assistance
Filing a claim at TADM or the ECT is generally low-cost. TADM mediation is free. At the ECT, there is a small filing fee (typically S$10 to S$20, depending on the claim amount). You don't need a lawyer, but if you feel overwhelmed, you can get free legal advice from the Legal Aid Bureau (if you qualify) or from community legal clinics run by the Law Society of Pro Bono Services. For a small fee, you can also consult a private lawyer who specialises in employment law.
If you are a member of a union (e.g., the Singapore Manual and Mercantile Workers' Union or the National Trades Union Congress), your union may provide free representation and advice for salary disputes.
FAQ
1. What counts as "unpaid salary" under the Employment Act?
"Unpaid salary" includes your basic wages, allowances, commissions, and overtime pay that your employer has not paid on time. It does not include bonuses or annual wage supplements (AWS) unless they are contractually guaranteed. If your employer withholds your salary without a valid reason (e.g., for poor performance or because you resigned), that is also considered unpaid salary.
2. Can my employer deduct money from my salary without my permission?
Generally, no. Under the Employment Act, your employer can only deduct your salary for specific reasons, such as CPF contributions, income tax, or court orders. Other deductions require your written consent, and the total deductions cannot exceed 50% of your salary in a month (except for housing loans or similar). If your employer makes unauthorised deductions, you can claim them back as part of your unpaid salary claim.
3. How long does the TADM mediation process take?
TADM mediation typically takes about 2 to 4 weeks from the date you file your claim, depending on the complexity of the case and the employer's responsiveness. If both parties agree to a settlement, it can be resolved in a single session. If not, the mediator may schedule a follow-up. If mediation fails, you will get a claim referral certificate to proceed to the ECT, which can take another 4 to 8 weeks for a hearing.
4. What if my employer has no money to pay me?
If your employer is insolvent (e.g., they have gone bankrupt or are winding up), you can still file a claim with the ECT, but enforcing the judgment may be difficult. You can also file a claim as a creditor with the Insolvency Office (part of the Ministry of Law) to try to recover your salary from the company's remaining assets. In some cases, you may be eligible for the MOM's Salary Arrears Protection Scheme (SAPS), which provides a one-time payout of up to S$8,000 for eligible employees of insolvent companies. Check MOM's website for details.
5. Do I need a lawyer to file a claim at the Employment Claims Tribunals?
No, you do not need a lawyer. The ECT is designed to be a simple, informal process where you can represent yourself. The tribunal magistrate will guide you through the hearing. However, if your case is complex (e.g., involving multiple claims or legal arguments), you may benefit from legal advice. You can get free or low-cost help from the Legal Aid Bureau, community legal clinics, or your union if you are a member.
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