LETTER OF OFFER & TERMS AND CONDITIONS OF EMPLOYMENT (THE “AGREEMENT”)
We are pleased to offer you employment with Hong Ye Group Pte Ltd (YY) (the “Company”) as Banquet Server/ Retail Service/ Service Staff subject to and in accordance with the terms and conditions set out below.
For the avoidance of doubt, your acceptance of our offer is contingent on your signing of the “Statement of Acceptance” below.
1. TERMS OF ENGAGEMENT
1.1 You shall provide your services to the Company from the date you signed this contract unless and until this agreement is terminated by either party giving to the other not less than  day prior written notice or as otherwise provided in this Agreement.
1.2 During your engagement with the Company, the Company shall where necessary inform you of opportunities either by way of email, phone or otherwise where your services (as defined in clause 2.1 below) may be required and/or deemed necessary.
1.3 In the event that you are willing to perform such services at the stipulated date, time and venue, you will be remunerated in accordance with clause 3 below.
2.1 You shall use your best endeavours to carry out the following services:
(a)[DETAILS OF SERVICES]
2.2 If you are unable to provide the Services at the agreed date, time and venue, due to illness or injury, you shall notify and forward to the Company your medical certificate from a registered medical practitioner in Singapore as soon as reasonably practicable, and in any event no later than three (3) days prior to the date that your Services are required. Failure to notify and forward to the Company your medical certificate within the stipulated time period will result in the Company levying a sum of S$ 25 on you, which the Company may at its sole discretion set off against any monies that may be due and owing to you. In the event, that the Company levies a sum of S$ 25, you agree that the said sum is a reasonable estimate of the actual loss that the Company would suffer.
2.3 Without prejudice to clause 2.2 above, if in the event that you are found to be unsuitable to perform the Services for reasons including but not limited to being sent home for reporting late at the agreed time, date and venue, improperly groomed or dressed at the agreed date, time and venue, the Company shall levy a sum of S$ 25 on you, which the Company may at its sole discretion set off against any monies that may be due and owing to you. In the event, that the Company levies a sum of S$ 25, you agree that the said sum is a reasonable estimate of the actual loss that the Company would suffer.
2.4 Without prejudice to clause 2.3 above, if in the event that you are late for more than 15 minutes from the agreed time of your agreed shift the Company shall levy a sum of S$ 5 on you, which the Company may at its sole discretion set off against any monies that may be due and owing to you. In the event, that the Company levies a sum of S$ 5, you agree that the said sum is a reasonable estimate of the actual loss that the Company would suffer.
2.5 Upon your first salary collection, a deposit of S$ 25 will be deducted and placed into your Deposit. If you fail to provide the Services at the agreed date, time and venue; cancel the confirmed work with less than 3 days advance notification; unable to produce identification card (IC); or behavioural misconduct, the Company shall levy a sum of S$ 25 from your Deposit, which the Company may at its sole discretion set off against any monies that may be due and owing to you. In the event, that the Company levies a sum of S$ 25, you agree that the said sum is a reasonable estimate of the actual loss that the Company would suffer. Once this Deposit depletes, the next salary collection will replenish another S$ 25 from your salary card, into your Deposit.
2.6 If you are unable to provide the Services at the agreed date, time and venue for any reason whatsoever, and with the Company’s prior written approval, you may appoint a suitably qualified substitute to perform the Services on your behalf, provided that the substitute shall be required to enter into a direct undertaking with the Company, including with regard to confidentiality. In the event that a substitute is appointed, the Company will continue to pay you your fee as provided in clause 3.1 below and you shall be responsible for the remuneration of (and any expenses incurred by) the substitute. You will not be paid for any period during which neither you nor any substitute provides the Services. For the avoidance of doubt, you will continue to be subject to all duties and obligations under this Agreement for the duration of the appointment of the substitute. Any appointment of a substitute will have to be agreed with the Company no later than three (3) days prior to the date that your Services are required.
2.7 You have no authority (and shall not hold yourself out as having authority) to bind the Company, unless we have specifically permitted this in writing.
3. TERMS OF PAYMENT OF FEES
3.1 The Company will pay you a basic SGD 8.50 per hour including GST (if applicable), no overtime pay and no Public Holidays pay included. In computing the monies owed to you for your Services, you hereby agree that shall not be entitled to remuneration for your meal breaks.
3.2 The Company shall pay you a basic hourly salary by way of a cash or by depositing your salary in your bank account.
3.3 In determining whether to increase your salary, the Company will take into consideration the Company’s performance during the preceding year as well as your conduct and performance.
3.4 You shall submit invoice to the Company on a monthly basis setting out the hours that you have worked during the preceding month including GST (where applicable). All invoices shall contain sufficient detail of the date, time, venue and the number of hours you have performed the Services. Alternatively, you may present to the Company the duly endorsed casual labour voucher along with your invoice.
3.5 The Company expressly reserves its right to withhold any monies that may otherwise be due and owing to you if you fail to adduce proper documentary evidence showing that you are entitled to the monies being sought for in your invoices.
3.6 The Company will pay such invoices [within  days of receipt OR in accordance with its usual payment terms].
3.7 The Company shall be entitled to deduct from any monies payable to you any monies that you may owe the Company at any time including but not limited to any fines that are payable to the Company.
3.8 The Company is entitled at any time during your employment, or in any event on termination of your employment, to deduct from your salary any monies due from you to the Company including, but not limited to, any outstanding loans, advances, excess annual leave, overpaid wages or expenses as well as deductions for contributions to, income tax, insurance premiums and any other deductions duly authorised by the Company.
3.9 There will be no Public Holiday and Overtime rates.
4. CPF CONTRIBUTION
4.1 No contribution will be made by both employer and employee if the monthly earning is $50 or less.
4.2 Any earnings from $51 and above, there will be contribution made by the employer in accordance to the employee’s age and amount as to CPF Board Regulations.
4.3 You do not need to make any contribution to your CPF account if your earnings are $500.
4.4 Any earnings from $501 and above, there will be deductions from your basic salary in accordance to your age and amount as to the CPF Board Regulations.
5. OTHER ACTIVITIES
5.1 You may be engaged, employed or concerned in any other business, trade, profession or other activity which does not place you in a conflict of interest with the Company.
5.2 Without prejudice to the foregoing, you shall not for a period of six (6) months after you have performed your Services, compete with the business of the Company including but not limited to seeking direct employment from the Company’s clientele. A breach of this provision will result in you being liable to the Company for the sum of S$ 500, which you agree is a reasonable estimate of the actual loss that the Company would suffer.
6.1 You shall be employed as Banquet Server/ Retail Service/ Service Staff but may be required to carry out any other duties as may be assigned by the Company (and without further remuneration or overtime pay.
a. You shall:
(i) respect and help the other employees of the Company in their efforts to promote the Company’s business;
(ii) work in or for the Company in accordance with the directions of the Company from time to time;
(iii) faithfully and diligently perform the duties required of you and act at all times in accordance with the lawful instructions of the Company;
(iv) comply with the Company’s current instructions and specifications regarding the handling of the Company’s property, cash and accounts records. If you fail to do so, you shall be responsible for the loss or damage occasioned to the Company;
(v) act at all times in a civil manner and shall be punctual, sober, conscientious and loyal in carrying out your duties;
(vi) devote the whole of your time and attention during normal working hours exclusively in the discharge of your duties that are assigned to you by the Company and shall not during the continuance of the employment with the Company, without the prior written consent of the Company, be engaged, concerned or interested in any way in any trade, business or occupation whatsoever other than the business of the Company.
b. You shall not:
(i) participate in acts or utterances, which would disgrace or damage the reputation of the Company; and
(ii) in connection to your employment by the Company, accept any gift, commission, rebate or other benefit from any person except with the Company’s prior consent in writing.
7. WORKING HOURS
7.1 You are required to fulfil a minimum of 5 working hours for the day you worked (excluding breaktime hours) with every 8 hours of clocked in time you are entitled to 30-45 minutes no pay break.
7.2 Notwithstanding the normal working hours, you may be required from time to time to work additional hours to fulfill the demands of your role (without further remuneration or overtime pay)
8. CONFIDENTIAL INFORMATION AND COMPANY PROPERTY
8.1 You shall not use or disclose to any person either during or at any time after your engagement by the Company any confidential information about the business or affairs of the Company or any of its business contacts, or about any other confidential matters which may come to your knowledge in the course of providing the Services. For the purposes of this clause 8, confidential information means any information or matter which is not in the public domain and which relates to the affairs of the Company or any of the Company’s business contacts.
8.2 The restriction in clause 8.1 does not apply to:
(a) any use or disclosure authorised by the Company or as required by law; or
(b) any information which is already in, or comes into, the public domain otherwise than through your unauthorised disclosure.
8.3 All documents, manuals, hardware and software provided for your use by the Company, and any data or documents (including copies) produced, maintained or stored on the Company's computer systems or other electronic equipment, remain the property of the Company.
9. DATA PROTECTION
9.2 You consent to the Company making such information available to those who provide products or services to the Company (such as advisers), regulatory authorities, governmental or quasi-governmental organisations and potential purchasers of the Company or any part of its business.
10.1 Notwithstanding that you are independent contractor of the Company, the Company shall arrange, at no costs to you, workmen’s compensation insurance coverage for you during the provision of Services in accordance with the terms and conditions of this Agreement.
10.2 You shall have personal liability for and shall indemnify the Company for any loss, liability, costs (including reasonable legal costs), damages or expenses arising from any breach by you, or any substitute engaged under this agreement, of the terms of this agreement, including any negligent or reckless act, omission or default in the provision of the Services.
11. TERMINATION OF EMPLOYMENT
11.1 This Agreement may be terminated by either party at any time giving to the other party not less than one (1) day written notice. However, the Company may terminate employment immediately by giving payment in lieu of notice to you.
11.2 If this Agreement is terminated by the Company, the Company will pay you severance pay in accordance with the Company’s policies existing from time to time.
11.3 Notwithstanding anything in this Agreement, the Company may at any time terminate this Agreement without notice or payment in lieu (but without prejudice to the Company’s rights and remedies for any breach of this Agreement) if you:
(i) willfully disobey a lawful and reasonable order by the Company;
(ii) act in serious, willful or persistent breach of your responsibilities and duties assigned to you by the Company;
(iii) are guilty of fraud, dishonesty or any criminal acts;
(iv) are habitually late or absent without permission and unable to give a satisfactory explanation or overstay leave without permission;
(v) had made a false statement in your application for employment;
12. DISCIPLINARY MEASURES
12.1 In the event that you are in breach of any of the terms of this Agreement, the Company may after due inquiry, at its sole discretion take any of the following disciplinary actions against you and at the same time may suspend you from your duties without pay and other entitlements for a maximum period of [one (1) week or more depending on the situation], hereunder:
(i) reprimand in writing; and/or
12.2 Notwithstanding anything herein contained, the Company may in its sole and absolute discretion, refrain from exercising any of the disciplinary measures against you although the failure by the Company to exercise such right shall not be deemed to be waiver of such breach or any subsequent breach by you.
13. OBLIGATIONS ON TERMINATION
13.1 Any Company property in your possession and any original or copy documents obtained by you in the course of providing the Services shall be returned to the Company at any time on request and in any event on or before the termination of this Agreement. You also undertake to irretrievably delete any information relating to the business of the Company stored on any magnetic or optical disk or memory, and all matter derived from such sources which is in your possession or under your control outside the premises of the Company.
14.1 You will be an independent contractor and nothing in this Agreement shall render you an employee, worker, agent or partner of the Company and you shall not hold yourself out as such.
14.2 You shall be fully responsible for and indemnify the Company against any liability, assessment or claim for:
(a) taxation whatsoever arising from or made in connection with the performance of the Services, where such recovery is not prohibited by law; and
(b) any employment-related claim or any claim based on worker/employee status (including reasonable costs and expenses) brought by you or any substitute against the Company arising out of or in connection with the provision of the Services, except where such claim is as a result of any act or omission of the Company.
The Company may satisfy such indemnity (in whole or in part) by way of deduction from any payment due to you.
15.1 This Agreement may only be varied by a document signed by both you and the Company.
16. GOVERNING LAW & JURISDICTION
16.1 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of Singapore with the courts of the Republic of Singapore having sole and exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
We look forward to you accepting our offer of employment.Yours faithfully,
For and on behalf of
Hong Ye Group Pte Ltd (YY).