Comprehensive Understanding of The Employment Act In Singapore And Its Practical Applications

Comprehensive Understanding of The Employment Act In Singapore And Its Practical Applications (to be read with Child Development Co-Savings Act)

The Employment Act is the key legislation that governs employer and employee relationship in Singapore. It forms the basis for employee and employer’s working terms and conditions and rights and obligations of employment.

The Ministry of Manpower (MOM) has announced changes to the Employment Act Singapore (EA) which will ensure better protection for Professionals, Managers and Executives (PMEs) while allowing flexibility for employers.  The changes in The Employment Act has taken effect in April 2014.

Therefore, can employers simply adopt contractual simplicitor for PMEs? Give bogus managerial or executive designations to non-executive to circumvent EA? Importantly, is your organisation prepared in view of the Employment Act changes?

It is therefore necessary for HR practitioners to have an in-depth understanding of the interpretation and application of  The Employment Act Singapore.

This Employment Act workshop will provide you with an overview of the key sections of the Employment Act Singapore and give you  the a good understanding and confidence to ensure that your company policies are in compliance and and congruent with the mandatory regulatory requirements.

Learning Objectives – Comprehensive Understanding of The Employment Act in Singapore 

1. Differences between statutory law employee and common law employee (Professionals, Managers and Executives).
2. Comprehensive understanding of the Employment Act Singapore and in particular Part 1, 2,3,4,6,9 and 10 of the Act which are a must know for all HR practitioners.
3. Entitlement under Children Development Co-Savings Act which must be read with the Employment Act in Singapore.
4. Understand the cost impact of PMEs who eligible for coverage under the Employment Act in Singapore.
5. Know the amendments to the Employment Act which took effect on 1 April 2014.
6. Application of Employment Act to day-to-day dealings at the workplace and in particular to HR policies and procedures, employment contracts, Collective Agreement etc.

Course Outline:

A competent HR practitioner must have the skills and knowledge in the following:

1. Coverage – The Employment Act in Singapore

• Definition of statutory employee
• Definition of common law employee (Professional, Managers and Executives)
• Definition of workman
• Definition of employer
• Contract of service versus contract for service
• Course of employment

2. Contract of employment (The Employment Act in Singapore)

• Essential clauses in an employment contract
• Legal requirements of an employment contract
• Terms and conditions of an employment contract
• Conditions versus warranties
• Prohibition/Restriction

3. Termination of employment contract (The Employment Act in Singapore)

• Contractual termination of statutory employee
• Contractual termination of common law employee
• Differences between dismissal with notice and without notice.
• Is contractual simplicitor applicable to Singapore employment laws?
• When is a contract deemed to be broken between employer and employee?
• Misconduct of statutory employee versus common law employee
• Representation for reinstatement
• Suspension and Inquiry to dismissal
• Difference between force resignation and constructive dismissal
• Misconduct, negligence and breach of company rules and regulations
• Compensation/Reinstatement for wrongful and unfair dismissal

4. Salary Payment (The Employment Act in Singapore)

• Definition of salary ie basic rate of pay and gross rate of pay
• Time of payment
• Payment on dismissal
• Authorised deduction of salary
• Recovery of advances and loans

5. Terms and conditions (The Employment Act in Singapore)

• Freedom of contract ie fair versus unfair
• Statutory terms of employment
• What is stipulated working hours
• Work week/shift patterns
• Definition of overtime/time-off
• Rates of pay for overtime, off day, rest day, training and public holiday
• Retrenchment and retirement benefits
• Annual leave, no pay leave, garden leave, medical leave
• AWS, bonuses, commission and incentive schemes

6. Part-time employment (The Employment Act in Singapore)

• Definition of part-time employee
• Definition of temporary, casual labour and fixed-term, on-loan employees and independent contractor
• Pro-ration of statutory and non-statutory benefits
• Encashment calculation

7. Maternity, Paternity and Childcare leave (The Employment Act in Singapore)

• Differences between entitlement under Employment Act and Children Co-Savings Development Act
• Coverage of employees
• Payment for maternity leave, paternity leave and childcare leave
• Differences between dismissal, termination and summary dismissal
• Prohibition of dismissal during maternity leave
• Expiry of fixed term contract whilst pregnant or during confinement

8. Holiday and sick leave entitlement (The Employment Act in Singapore)

• Public Holidays Act
• Entitlement for public holidays for statutory and common law employees
• Rate of pay for public holiday
• Public holiday falling on working day, rest day and off day for shift and non-shift work
• Recognition of medical certificate (sick leave) from private versus government clinic doctors in and outside Singapore
• Recognition of medical certificate for cosmetic purposed.
• Dismissal whilst on hospitalisation leave
• Eligibility of public holidays for General Election and Presidential Election

9. Claims, Complaints and Offences (The Employment Act in Singapore) 

• Time bar to complaints
• Back payment for claims
• Penalties for the offence of failure to pay salaries
• Maximum composition amount for that may be imposed for any offence
• Company commits an offence and presumption clause on Directors of companies

10. Others (The Employment Act Singapore )

• Definition of gross and basic pay
• Fixed allowances versus flexible allowances
• CPF contribution and personal taxation
• Treatment of foreigner, Singapore Permanent Resident and Singapore citizen

Methodologies

Lecture and case studies.

Who should attend?

 Human Resource practitioners, Industrial Relations practitioners, lawyers, in-house legal counsels, line managers, executives and any other persons keen to acquire a good and comprehensive understanding of The Employment Act in Singapore.

Please click here to register

To learn more about HR Law Academy and its workshops, please visit www.hrlawacademy.com.sg