FAQ about the Employment Act

In this section, we share some frequently asked questions (FAQs) about The Employment Act and related resources which HR practitioners and business owners will find useful, especially in light of the amendments to the Employment Act effective 1 April 2014.

The  answers to the FAQ are provided by our Principal Consultant, Mr Arthur Khong (Click here to read his bio)

Q : Under the Employment Act, how many days of annual leave is an employee entitled to?

A : An employee is entitled to 7 working days of leave for the first year of service and subsequently an extra day of annual leave for every subsequent 12 months of continuous service, subject to a maximum of 14 days.

Q: With the amendments to the Employment Act on 1 April 2014, how do you define managerial and 
executive category of employees?

A: There is no specific definition provided in the Employment Act. From the purposive interpretation of the Employment Act, managerial and executive category of employees should fulfil the following:

• given direct authority or has substantive influence on hiring, firing, promotion, transfer, reward or
discipline of other employees; or

• main duties are the formulating of strategies and policies of the enterprise, and the management
and running of the business; or

• given access to classified information relating to terms of employment of other employees, or
financial positions, business operations/ trade secrets of employer.

Q : What is the definition of part-time employees under the Employment Act?

A : Under part section 66A of the Employment Act, part-time employee means an employee who is
required under his contract of service with an employer to work for less than 35 hours a week.

Q: What is the rate of payment for overtime work done beyond the normal working hours on a public 
holiday? 

A: At least 1.5 times the hourly basic rate of pay.

Q: Can an employee take half-day sick leave if he obtains the sick leave after the second-half of the 
working day?

A: Sick leave is taken as full day under the Employment Act. This is unless the employment contract states otherwise i.e. offering better terms than what is stated under the Employment Act.

Q: I am currently on probation and my employer has been asking me to do work beyond my contractual working hours. Does my employer have to pay me for overtime? 

A: Yes, your employer has to pay overtime. Since your employer has asked you to work beyond your contractual working hours,
you are entitled to overtime pay at the rate of at least 1.5 times your basic hourly pay. This is regardless of your
status of employment – whether you are on probation, or working on a part-time, casual or temporary basis.

Related:

(1) 10 Key amendments to The Employment Act Singapore effective 1 April 2014 
(2) Who is covered under the Employment Act Singapore
(3) Statute – Employment Act Singapore