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 (EA) 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.

About 430,000 more professionals, managers and executives (PMEs) will be covered under the EA when it is amended to remove the $4,500 salary cap, said Manpower Minister Lim Swee Say in Parliament on 5 March 2018. More specifically, the amendments to the EA which will likely take place on 1 April 2019 will increase the salary for non-workman from $2,500 to $2,600. In terms of overtime pay, the basic salary cap will be revised upwards from $2,250 to $2,600. Additionally, the Employment Claims Tribuanl will start hearing claims related to wrongul dismissal which was previously heard by the Minister of Manpower.

Therefore, can employers simply adopt contractual simplicitor for PMEs? Does it matter that employers give bogus managerial or executive designations to non-executive to circumvent EA? Importantly, is your organisation prepared for the amendments to the Employment Act changes when it takes effect on 1 April 2019? Would HR HR practitioners need to prepare for the classification of employees and to strategise how the employment contracts are aligned to the amendments of the EA?

It is, therefore, necessary for HR practitioners to have an in-depth understanding of the interpretation and application of  The Employment Act Singapore.  This EA workshop will provide you with an overview of the key sections of the Employment Act Singapore and give you a good understanding and confidence to ensure that your company policies comply and congruent with the forthcoming amendments to the EA.

 

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 is 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. 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 

• 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 

• 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 

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

5. Terms and conditions 

• Freedom of contract ie fair versus unfair
• Statutory terms of employment
• What is stipulated working hours
• Workweek/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 

• 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 

• 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 

• 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  

• 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 

  • 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
  • Tripartite Alliance of Dispute Management
  • Employment Claims Tribunal

11. 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