Professional Documents
Culture Documents
Key Points:
1.Who are covered under the Employment Act:
- Any person regardless of nationality, who works under a contract of
service except:
Seafarer
Domestic Worker [NOTE: NOT FDWs]
Statutory board employee or civil servant
Manager or executive with monthly basic salaries of > $4500
(not covered under any law/act but can use common law)
- For employees working < 35 hrs/week, they are covered by the
Employment of Part-Time Employees Regulations
2.Determining whether employee is employed in managerial/executive
position: [LOOK AT SCOPE]
- Given direct authority or has substantive influence on hiring, firing,
promotion, transfer, reward or discipline of other employees, or
- Main duties are the formulation of strategies & policies of the
enterprise, and the management and running of the business
- Includes professionals with tertiary education and specialized
knowledge/skills and whose employment terms are comparable to
those of managers and executives (e.g. lawyers, doctors)
3.Workman:
- An employee (local or foreign) whose work involves mainly manual
labour
- Includes:
Any skilled/unskilled person engaged in manual work
Any person employed in the operation or maintenance of
mechanically propelled vehicles
Any person supervising manual workers, but also performs
manual work > their working time
Any person whom Minister declares to be workman in a gazette
Any person who has a job specified in the First Schedule of the
Employment Act (cleaners, construction workers, factory
production workers, drivers, all workmen employed on piece
rates in the premises of employer, metal and machinery
workers)
4.Contract of Service:
6.Important Point about EA: From 1 April 2016, employers are required to
issue Key Employment Terms (KETs) + itemized pay slips in writing to their
employees covered under the Employment Act
6.1 Key Employment Terms (KETs):
- Employers must issue KETs in writing to all employees who:
Enter into a contract of service on or after 1 April 2016
Are covered by the EA
Are employed for 14 days or more (refer to length of contract,
not the no. of days of work)
- Employers must issue KETs within 14 days from start of employment
(recall: foreigners need both IPA & KETs)
- Format can be soft or hard copy, including handwritten
- Must include the following 17 items:
o Full Name of Employer
o Full Name of Employee
o Job title, main duties & responsibilities
o Start date of employment
7.Transfer of Employment:
- Employers have the right to transfer an employee to another employer
if organization is being restructured. (i.e. merger, take-over, sale of
parts of company or setting up a subsidiary company)
- Employee may be transferred to a related company such as a
subsidiary or a totally unrelated company
- Employees terms & conditions remain the same unless he/she agrees
to change them
- Terms & Conditions CANNOT be less favorable to employee than the
Act!
- Cannot restrict an employees right to join trade unions; participate in
union activities and organize trade unions.
- Employees have the right to:
Be notified of the transfer & of matters relating to the transfer
Be given the opportunity to consult employer
Preserve the original terms & conditions of employment under
new employer
- Employees have the obligation to serve new employer in same way as
with their original employer
- Employers obligations:
Notify affected employees or their union of impending transfer
within a reasonable timeframe
Inform affected employees about terms of transfer, so that they
or the union can hold consultations with company
Ensure there is no break in employment during transfer
Ensure terms of employment are NOT less favorable after the
transfer
- New Employers obligations:
Inform the previous employer of matters that will affect
employees, so that they can inform employees within a
reasonable period
Take over previous employers rights, powers, duties, liabilities
Keep unchanged any terms & conditions of employment for
transferred employees unless transferred employees agree to a
change
8.Termination of Contract:
- May arise from expiry of contractual period (NO NEED serve notice)
Completion of specific project (I.e. piece-rated contract)
Completion of specific time period (I.e. specified time contract)
NOTE: for permit holders, expiry date of permit is NOT considered
as a time specified employment!
- Decision of either party to end contract with appropriate notice in
accordance with:
Contractual agreement, OR
Section 10 under EA
< 26 weeks
26 weeks to < 2 years
2 years to < 5 years
5 years and over
1 day
1 week
2 weeks
4 weeks
WITH notice:
Notice must be in writing
Notice period includes the day the notice is given
Notice given in accordance with contract of service; if contract is
silent (did not express), Section 10 applies
By mutual consent, notice can be waived
WITHOUT notice:
The party who breaks the contract is liable to pay salary in lieu
of notice period
Willful breach of contract:
o By employer: failure to pay salary within 7 days after
salary is due
o By employee: absent continuously for > 2 days w/o prior
permission or reasonable excuse or w/o informing or
attempting to inform the employer of the excuse
9.Dismissal: [IMMEDIATE]
- An employer may after due inquiry into the misconduct, dismiss without
notice an employee on grounds of misconduct (NOTE: poor
performance is NOT misconduct!)
- Misconduct (breach of duty or discipline inconsistent with the implied or
express conditions of an employees contract of service):
Dishonesty
Insubordination
Violence
Blackmail
Harassment
Discrimination
Conflict of interest
Crimes
Confidentially breach of trust
-
NOTE: e.g. if company give $15 for a to and fro trip to worksite whenever you
travel to site, this is a VARIABLE allowance because it says whenever!
-
Reimbursements: [non-taxable]
Uniform (if its purchase of uniform)
Training (also can be benefit in kind)
Entertainment
Mobile (reimbursement if submit phone bill)
(ii)
17. Overtime:
- Overtime payable for work beyond contractual hours
Formulas:
1st year
2nd year
3rd year
4th year
5th year
6th year
7th year
8th year and above
-
7 days
8 days
9 days
10 days
11 days
12 days
13 days
14 days
No. of months of
Paid Outpatient Sick
Paid Hospitalization
service completed
Leave Entitlement
Leave Entitlement
3
5 days
15 days
4
5 + 3 = 8 days
15 + 15 = 30 days
5
8 + 3 = 11 days
30 + 15 = 45 days
6
11 + 3 = 14 days
45 + 15 = 60 days
NOTE: e.g. if 5.5 months of completed service, choose the 5 months
row!
NOT entitled to paid sick leave:
On rest days, PH, annual leave, non-working days or no pay
leave
For period covered by Workmens Compensation
Employer is legally obliged to bear medical consultation or examination
fees ONLY for employees with at least 3 months service
From 1 April 2014, employers will be exempted from having to grant
paid sick leave and bear medical examination expenses for treatment
which in the opinion of a medical practitioner performing the medical
examination is for cosmetic purposes.
CDCA
Child is a Singapore Citizen
Employed for at least 3 months
before the date of delivery
Childs parents are lawfully
married
Features:
EA (12 weeks)
4 weeks pre-natal leave + 8 weeks
post-natal leave
st
For 1 2 births, first 8 weeks (4 weeks
pre-natal and 1st 4 weeks of postnatal) paid by employer
23.2
Paternity Leave (under CDCA)
- From 1 May 2013, working fathers will be entitled to 1 week of
Government-paid Paternity Leave
- Eligibility Criteria (must meet all):
Child must be a SG citizen
Parents are lawfully married
Father must have worked with employer for a min. of 3 months
preceding the delivery of the child
-
Consumption Rules:
Default to be taken as a block leave (according to your working
days; e.g. father who works 3 days in a week will be entitled to 4
days of Paternity Leave) within 16 weeks after the birth of the
child
Can also be taken flexibly in days, within 12 months from the
birth of the child, subject to mutual agreement between
employer and employee
23.3
Shared Parental Leave (under CDCA)
- From 1 May 2013, working fathers will be allowed to share 1 week of
working mothers existing Government-paid maternity leave, subject to
their spouses agreement
- Eligibility Criteria (must meet all):
Consumption Rules:
Default to be taken as a continuous block of 1 week
Can also be taken flexibly in days, within 12 months from the
birth of the child, subject to mutual agreement between
employer and employee
23.4
Childcare Leave
Under CDCA
Working parents are entitled to 6
days of paid childcare leave per
parent per year with an overall cap
of 42 days, if they fulfill the
following conditions:
(i)
Child is < 7 years old
(ii)
Child is SG citizen
(iii)
Employee has served
employer at least 3
months
The first 3 days will be employerpaid and the last 3 days
government paid (capped at $500
per day)
Under EA
Entitlement:
- 2 days paid childcare
leave per year (minimum 2
days, no pro-ration)
- Total leave taken for any
child is subject to a
maximum of 14 days
Conditions:
(i) For employee with any child
(including legally adopted child or
stepchild) aged 7 or below
(ii) Employed for at least 3
months
23.5
Extended Childcare Leave (under CDCA)
- Working parents are entitled to 2 days of Government-paid Extended
Childcare Leave per parent per year, capped at 12 days, if they fulfill
the following conditions:
Child is aged 7 to 12 years old (inclusive)
Child is a SG citizen
Employee has served at least 3 months
For parents with > 1 child, the total childcare leave entitlement will be
based on the youngest child. Parents with children in both age groups,
i.e. those below 7 years old as well as those between 7 to 12 years old
(inclusive), will have total child care leave entitlement capped at 6 days
per year.
Government-paid portion is capped at $500/day, inclusive of CPF
contributions
23.6
Childcare Leave & Extended Childcare Leave
- Entitlement Year = 12-month period
- Unused leave lapses at the end of entitlement year
- No encashment
- Just like maternity leave, also CANNOT offset against notice period
- No. of paid childcare leave/extended childcare leave an employee is
entitled to under both EA or CDCA is based on a per parent basis &
capped at a maximum of 6 days per year
- NO pro-ration of childcare leave under EA (2 days, with minimum 3
months service to qualify)
- Pro-ration of childcare leave allowable under CDCA for employees with
< 1 year of service or termination of contract in the last year of
employment
23.7
Unpaid Infant Care Leave (under CDCA)
- Qualifying Conditions:
Child is a SG citizen
Childs parents are lawfully married
Parent has worked for employer for at least 3 months
Youngest child is aged below 2 years
-
Key Features:
6 days per year for each parent until child turns two
Capped at 6 days per year regardless of number of children
under two
Parents can take both paid childcare leave & unpaid infant care
leave (i.e. max of 12 days in total)
24. Penalties for Infringement of EA:
- Conviction of general offences in the EA:
1st offence: Fine of up to $5k &/or 6 months jail
Subsequent offences: penalty upon conviction of general
offences in the EA is a fine of up to $10k &/or 12 months jail
Maximum composition fine has also been raised from $1k to $5k
per charge
-
1st offence: Fine between $3k and $15k &/or a max of 6 months
jail
Subsequent offences: Fine between $6k and $30k &/or a max of
12 months jail