The big news in the world of local eat outs is that
the home-grown chain, “Twelve Cupcakes” has been placed under liquidation.
The former staff have now taken social media to talk
about their situation and its frankly heartbreaking to read about how people
gave their blood, sweat and tears and then didn’t get paid. Wages unpaid means
that people can’t pay bills, which means their financial situation gets screwed
up.
So, with Singapore undoubtedly going to face harsher economic
headwinds and more companies expected to go under, what does it mean for people
looking facing possible job loss?
For a start, you got accept that “job-security” is
something of a misnomer. However much employers will talk about “looking after
you,” you have to accept that allot of the “promise” depends on the employer’s
ability to actually pay. Even the most well meaning of bosses cannot pay wages
if the business is simply not making money. When I waited tables at the
Bistrot, I was clear that the business belonged to the boss who owed me a wage
for work but I had a sense of responsibility to ensure that the boss’s business
did well enough to be able to pay me. If you notice that the business is not
selling stuff, you better start your job hunt.
Secondly, the “rules” between employee and employer
change in a liquidation scenario. Whilst its nice to see the Ministry of
Manpower (MOM) galvanized into “investigating” for any breaches of the “Employment
Act,” there’s actually very little if anything that will happen. The fact of
the matter is, the company is in liquidation, which means that there is no
money. When it comes to getting money out of the what’s left of the Company,
MOM will call up the liquidator for an update on the liquidation and ask if
there’s any money to be paid out and if possible, when will the money be paid
out. In this scenario, MOM’s powers are more symbolic in as much as the
liquidator may feel obliged to work a bit faster knowing there’s a government
agency watching.
Having said that, the case of pursuing wages is not
all lost. Liquidators are obliged to try and claw back money. The laws on
insolvency state that employee’s salary claims are a priority, right after the
expenses of the liquidation. So, once the liquidator pays off his or her
expenses, they will then turn to settling salary claims. One should take note
that this specifically pertains to salary claims. Things like leave pay, notice
pay, medical claims and so on come later. If you get say 80 percent of your
pay, you’re considered very lucky.
How do you go about making your claim? The answer is
in filling out that is called a POD or Proof of Debt. This form is where you
outline what you claiming the company owes you. Since the onus is on the debtor
to prove their debt, you need to attach things like your pay slips, employment
contract and anything else that shows you were an employee and didn’t get paid.
The POD for a creditors’ voluntary winding up (case where the company is
digging a bigger hole by continuing business) looks something like this:
The second aspect of a liquidation is a creditors’
meeting. In the case of a creditors winding up, the provisional liquidator is
obliged to get his or her appointment approved by creditors at a creditors
meeting. This meeting should take place after a month of being in provisional
liquidation and in the post-Covid world, chances are this meeting will take
place over Zoom.
The meeting will not give you money. However, its worth
attending in as much as it will give you an idea of what happened and you can
assess the likilood of getting paid or when you’re likely to get paid. In that
respect, the most important document is the Statement of Affairs or SOA, which
in the case of a voluntary winding up looks something like this:
https://io.mlaw.gov.sg/files/Forms%20-%20IRD%20(Voluntary%20Winding%20Up)%20Reg%202020.pdf
The forms should also be provided to you by the
liquidator when they send out the notice of the creditors’ meeting. You should
also check the Government Gazette and the Business Times section for notices of
creditor meetings and if there’s a dividend to be paid out.
Liquidation for an employee is a distressing
experience. However, whilst things may look bleak, its still worth putting in a
claim to improve your chances of getting something out of a bleak situation.
This is also the time when most employees fall a part (a case of every man for
him or herself). However, this is when employees actually need to be most
united, sharing knowledge of the liquidation scenario.



















