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 the 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.

Singapore’s Employment Act will undergo a major change as proposals are introduced to expand it to cover higher-paid professionals, managers and executives (PMEs), who form an increasingly significant portion of the workforce.

A key proposal is the removal of the salary cap of $4,500 a month, which means it can ensure these workers will be entitled to such employment terms as minimum days of annual leave, paid sick leave, hospitalisation leave, and compensation for wrongful dismissal.

Currently, the Act applies only to the 290,000 PMEs who earn up to $4,500 a month and non-PMEs. With the proposed changes, an additional 430,000 PMEs will benefit.

Therefore, can employers simply adopt contractual simplicitor for PMEs? 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 of 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 the 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. Fully grasp the forthcoming amendments to the Employment Act which will likely take effect on 1 April 2019.

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 

• 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 the 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, the 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 while pregnant or during confinement

8. Holiday and sick leave entitlement 

• Public Holidays Act
• Entitlement for public holidays for statutory and common law employees
• The rate of pay for a public holiday
• The 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 while 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

• The 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