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How do we determine the date of conditional wages repayable?

The date of conditional wages repayable is the date on which the employee's obligation to repay the conditional wages arises due to non-fulfilment of the condition(s) tied to the payment, under the terms of employment or mutually agreed between the employer and employee.

Below are the guidelines that can be used in determining the date of wages repayable:

 

Conditional Wages

Condition

Guidelines - Date of Wages Repayable

Sign-on/Retention bonus

Fulfilment of minimum service period

Last date of service

Conditional performance bonus

Paid annual leave

(a) Last date of service (for resignation/termination) or

(b) Commencement date of no pay leave (for staff still in-service)

Commission

Meeting of performance/
sales target(s)

(a) Repayable date as provided in employment contract or any other relevant agreement

(b) Computation date* if (a) is not applicable

*The date which employer is able to establish the amount of conditional wages repayable by the employee to the employer

Conditional salary increments

Advance salary paid on sales of goods/services

Return of goods/services

Paid study leave

Completion of course

(a) Course discontinuation date or

(b) Repayable date as provided in employment contract or any other relevant agreement