Unclear situation on CPF contribution

This is a shocking state of affairs. It reflects a low quality of the people in charge, up to the manpower minister.

Read the finding of this court of appeal.

https://www.straitstimes.com/singapore/courts-crime/high-court-rejects-cpf-boards-bid-for-417k-in-alleged-arrears-acquits-country

The instructor worked for the club for many years. He did
not complain about non contribution of CPF. On termination of service, he complained to CPF Board about the non-contribution and the CPF Board asked the employer to contribute $417,000 in arrears of CPF.

Here are some issues:
a) Why is the arrears in CPF contribution so high – $417,000?
b) How can the CPF board take the position that CPF is payable when both the club and gym instructor have accepted that he was not an employee?
c) Who pays for the legal expenses for the case and the appeal?
d) Why is our law on CPF so unclear that the CPF Board does not even know how to apply it?

This is an example of an unsatisfactory state of affairs that has not been rectified for several decades.

How can our businesses be competitiveness if they are subject to this kind of uncertainty and uncontrollable costs?



Tan Kin Lian

 

 

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22 Responses to “Unclear situation on CPF contribution”

  • oxygen:

    WE WERE TOLD IN PARLY THAT CPF IS NOT OUR MONEY and that is NOT DENIED OR REFUTED INSIDE the Parly.

    It is now apparent that it is in a rotten shamble.

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  • oxygen:

    IN COMMON LAW CONCEPTS, CPF neither meets the qualifying ownership definition of

    - animus possidendi (who has the power to take possession)
    nor
    - animus domini (who has the final decision outcome proving sovereignty and ownership)

    CPF member has neither even beyond 55 retirement age except in limited circumstances of end mortality or relinguishment of citizenship.

    As for animus domini, it is worst – if you take out “your” CPF money to pay for property, upon sales, the money must be returned to CPFB WITH ACCUMULATED INTEREST. That is to say, property buyers “borrow” money from a lender (who is implicitly the owner and sovereignty) just like one borrow from banker, must pay back principal plus interest.

    SO SINCE WHEN IS CPF IS OUR MONEY?

    NO WONDER PARLIAMENTARIANS ALL DIAM DIAM DIAM when someone asserted INSIDE PARLY that CPF is NOT our money!!

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  • oxygen:

    SO IS IT NOT TRUE THAT CPF scheme in its present legal construct is a CRAP OF FICTION in pretension of a means of retirement savings??

    We can’t even sue for return of “our” money unlike creditors to borrowers. Or is this “fake” news from the social media?

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  • Veg Gainah:

    Millions of well-educated, well-travelles china citizens also unquestioningly accepted everything by the cccp.

    Its called brainwashing.

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  • Oldtimer:

    Why the surprise?
    This “unsatisfactory state of affairs” is now
    the Normal state of affairs in Spore!
    It has been for some time….
    It will likely continue, as the same people are
    in charge.

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  • patriot of TUMASIK:

    Employers are open to employee dishonesty in CPF CONtribution… a verbal agreement is made between them BUT when things don’t work the employee can and normally will complain of NON-payment by Employer…

    A case of Exploiter-Exploited and the Cheats…

    For every NON-compliant complain towards the employer maybe 1,000 will NOT COMPLAIN…

    For every complaint towards the employer, the winner is the employee since he has or had docs to prove that he was employed…

    and… Lastly, the Cheats who will collect the Payments and Invest on Losers like Temesak

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  • Asd:

    Where is the $ ? In whose pocket ? Truth ? Trust ? Silent is truth and to be trusted ?

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  • Call a spade, a spade.:

    TKL: Good on ya! Finally, you are prepared to take the bull by the horns and call a spade, a spade! Write more like this – full frontal and you may just gradually restore your credibility.

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  • rukidding:

    I thought Mr Tan himself was one of the same group as Pap ???

    Has he finally “woken up” himself ?

    How many of his “same kind” have also “woken up” to realised that the Pap of past and now is totally two different “faces”

    Working for you ???…sure ?

    Working with You ????…wah ???…Heng ah !

    Sounds like same “story” with our “Nasi Lomak Pachik” ( mdm milo )…With You for you’ slogan ?????

    No wonder they say “birds of same feather, flocke together” !!!

    Lies ! Lies ! Lies !

    Indian can also become a Malay ????

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  • Actually, hoh,:

    Life is more complicated than two parties agreeing what their relationship is.

    If An Cong and Sigi Na say they are in a servant/master relationship, it doesn’t necessarily mean that is the truth. An Cong may really be the master and not the servant that he say he is.

    If boss and worker can anyhow declare they are not employer/employee, then many can avoid paying CPF. The truth is the govt and judges have to look at the details of the work/payment arrangement to decide whether there is or not an employer/employee relationship.

    In this case, one judge says yes, another judge says no, and it’s time to get more judges in. Appeal, go, go.

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  • this is even more shocking:

    The compulsory minimum sum in RA set up age 55 attracts interest but the interests earned vest with CPF pool and not with RA account holder family.

    Imagine a CPF RA account member dying at age 64 years & 11 months.

    1st, compulsory at age 55 is already illegal.

    2nd, interests earned from age 55 to age 64.11 does not go to RA account estate is nothing but theft.

    Because without the compulsory minimum sum, the same amount in a local bank at paltry 0.5% amounts to quite a number of S$ which rightly belongs to bank account holder estate.

    CPF RA compulsory is wrong. Interests earned in CPF RA not going to account holder family is doubly wrong.

    Why is 70% sheep so quiet about this theft?

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  • Wise Up b4 2 Late !!!:

    Great insights Mr Tan!

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  • TruBlu:

    All ministers n perm secs should declare their personal net worth.

    Our CPF savings is our money.
    It is wrong for the gahmen to withhold our savings while forcing sgs out of their jobs and pushing up COL especially housing n medical.

    Time to CHANGE THINGS around the neighbourhood n make life better for sgs.
    VOTE WISELY N VOTE TO CHANGE THE STATUS QUO.

    SGS DO DESERVE MUCH BETTER.
    Afterall, this is OUR COUNTRY we built for ourselves n for our children.

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  • Its Too Late PAP:

    Heng working For You becomes Working with You. Indranee together we can form a strong front to move Singapore ahead and same message from Josephine.

    All trying their best last minute to convince Singaporeans. Its a bit too late.

    But it can be solved if they

    1. Release our CPF at 55 as promised by LKY.
    2. Shipped out all white collar foreigners back home.
    3. Reinstate Elected President instead of Selected President.
    4. Reduce all salaries of Ministers and top civil servants by 70 per cent.
    5. Reveal Ho Ching salary.
    6. Get rid of GST.
    7. Abolished the Fake News Law.
    8. Reemploy all PMETS who becomes Grab Drivers.
    9. Give money to all above 65 years old and sick people for their medical treatment.
    10. Retrenched useless LHL from his job.

    Then we will all carry our rifles and and fight for Singapore. Otherwise we will all give our support to the Opposition parties. Sooner or later the PAP will be kicked out.

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  • David Neo - King Kong Ass:

    I once worked for a boss who’s notorious in the industry for not paying CPF. The previous team walked out on her for this reason.

    She also did not pay freelancers their fees due. So after a few times, the freelancers would not accept our jobs. I would have to spend time adjusting to new colleagues very often.

    Once a few fresh grads joined our sales team. After the first day orientation, they were absent the next day. I happened to run into one of them and asked them why they left. He said the woman boss threw temper at them. I know because she once sacked the only graphic designer in the firm and made the sales manager do the design work. Mind you, sales people aren’t trained to use design software. I witnessed her berating the sales manager for not being able to do a “perfect” job. She’s so cheapskate, it makes me laugh even now.

    She would rather spend money putting want ads in papers for new staff than pay existing ones. She would also not confirm staff on probation to save money. That’s why I’m wary of companies who always put out ads for staff. Something must be wrong with those companies.

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  • True facts:

    True lhl mismgt the country.

    Useless pm in spore history.

    Time to vto.

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  • David Neo - King Kong Ass:

    con’t horror boss story

    My lady boss once hired a clerical assistant and paid her a miserly sum of S$600 per month during the late 1990s.

    She made the clerk pay first for an office cupboard costing nearly $600 with her first month salary. The clerk quit shortly.

    Other companies sales managers made their junior staff pay first for parking and coffee. So after a while when these people ask for money, the junior staff just avoided. So cheapskate. As far as I know, some companies compensate staff for entertainment. I had a manager who likes to have lunch with us and put it on the company’s tab. Haha!

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  • Rabble-rouser:

    For those who wish to understand & be enlightened about the future of the CPF, please read this link:
    https://www.zerohedge.com/news/2019-06-14/meanwhile-over-planet-japan

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  • Dear TKL:

    When citizens keep saying Boh Bian,
    You know they live in a One Party dominant nanny state.

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  • patriot of TUMASIK:

    Rabble-rouser:
    For those who wish to understand & be enlightened about the future of the CPF, please read this link:
    https://www.zerohedge.com/news/2019-06-14/meanwhile-over-planet-japan

    Rr…enlightening Link with a wonderful Plan B…Good for Millenials, not the Pioneers lah bro!!!…and the TANKING will be sooner than later when the world economy takes a tailspin and the ILLUSION becomes a Reality!!!

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  • Rabble-rouser:

    @ patriot of TUMASIK:
    Bro, FYI retirees got more options than millennials especially if they have some capital & extra cash, LOL! Go across the causeway &/or 2nd link; already your cost of living is slashed 3x-5x lower than in S’pore. Across the causeway (1st link) & 2nd link, you can rent a landed property (RM2k/mth for a link house), afford to drive a car around, get medical attention – all at a fraction of the cost involved in S’pore. You can get to live a life that the PAP promised us but never delivered!
    In M’sia, Indonesia & Thailand, there are silver hair residential visa schemes (for retirees) which you can take advantage of. The further you get away from S’pore, the cost of living becomes cheaper & cheaper. And your SG$ exchange value becomes very big overseas! Rent out the HDB flat entirely; take the CPF payout – you can live like a king overseas whilst remaining in S’pore, you’re just a powerless pauper. And having to listen to useless S’pore Ministers telling via the hopeless MSM to continue working well into your 70s! The key is being able to accept mental changes & adjustments needed to relocate to another & different environment.

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  • Very well said, bro, Agree:

    Rabble-rouser:
    @ patriot of TUMASIK:
    Bro, FYI retirees got more options than millennials especially if they have some capital & extra cash, LOL! Go across the causeway &/or 2nd link; already your cost of living is slashed 3x-5x lower than in S’pore. Across the causeway (1st link) & 2nd link, you can rent a landed property (RM2k/mth for a link house), afford to drive a car around, get medical attention – all at a fraction of the cost involved in S’pore. You can get to live a life that the PAP promised us but never delivered!
    In M’sia, Indonesia & Thailand, there are silver hair residential visa schemes (for retirees) which you can take advantage of. The further you get away from S’pore, the cost of living becomes cheaper & cheaper. And your SG$ exchange value becomes very big overseas! Rent out the HDB flat entirely; take the CPF payout – you can live like a king overseas whilst remaining in S’pore, you’re just a powerless pauper. And having to listen to useless S’pore Ministers telling via the hopeless MSM to continue working well into your 70s! The key is being able to accept mental changes & adjustments needed to relocate to another & different environment.

    Very well said, bro.

    Agree.

    But continue to hold that pink passport while in Msia Indosia Thaisia to vote OPPO every time there is GE.

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