Employment (Part-Time Employees ) Regulations and its Practical Applications ( to be read with part 6A of Employment Act )

Introduction : Employment (Part-Time Employees ) Regulations and its Practical Applications

The Employment (Amendment) Bill was passed in Parliament on 20 November 2018, with changes to the Employment Act (EA) and Employment Claims Act to take effect from 1 April 2019. However, whether HR practitioners know exactly how the amendments would affect the different stakeholders remains to be seen. Stakeholders in this instance refer to the employers, the trade unions, the HR practitioners and the employees. There is also the further question of how the amendment to the EA would affect other statutes such as the Employment of (Part-Time Employees) Regulations, etc.

It is crucial for HR practitioners to know how to apply the amendments to the EA and its bearing on stakeholders. To do so, one has to be extremely familiar with the EA and for employers who engage part-time employees, the  Employment of (Part-Time Employees) Regulations. The question arises is what are the governing statutory laws in the engagement of part-timers. Should the part-timer be engaged under a contract of service or contract for service? Also, what is the difference between engaging a part-timer and a casual labour; and must they be under a regular or fixed employment contract.

What about engaging part-timers who are statutory employees and common law employees ( Professionals, Managers and Executives )? What are the applicable laws and how should the employment contract be drafted? Would the amendments to the Employment Act with effect on 1 April 2019 have any bearing on part-timers who are statutory employees and common law employees earning a basic salary of not more than $4500 and below? Do note that come 1 April 2019, all employees will be covered under the Employment Act. Therefore, there will not be any more common law employees moving forward. 

Failing to adhere to the Employment (Part-time Employees ) Regulations and without proper administration can put an employer in a vulnerable position and subject to the risk of unlawful practices, lawsuits and litigations which may cause a great deal of stress, lowered productivity and higher turnover. The maximum composition amount that may be imposed for any offence under the Employment Act has also been increased from $1,000 to $5,000.

At the end of this workshop, delegates can be assured that they will be more competent in their understanding of the Part-time Employment and its practical applications.

Learning Objectives :

  1. Know the differences between statutory law part-time employee and common law employee (Professionals, Managers and Executives) part-time employee.
  2. Know the terms and conditions of employment governing part-time employees.
  3. Comprehensive understanding of the Employment ( Part-Time Employee ) Regulations which are a must know for all HR practitioners in-charge of part-time and casual labours.
  4. Know the entitlement for part-time employees under the Child Development Co-Savings Act.
  5. Understand the cost impact of engaging part-time employees versus full-time employees.
  6. Know the amendments to the Employment Act which took effect on 1 April 2014 and its applications on part-time employees.
  7. Know the application to day-to-day dealings at the workplace and in particular to HR policies and procedures, employment contracts, Collective Agreement etc.
  8. The case study on flexible work arrangement involving part-time employees.

Course Outline:

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

1. Coverage of Employment ( Part-time Employees ) Regulations

  • Definition of statutory employee
  • Definition of common law employee (Professional, Managers and Executives)
  • Definition of part-time employee
  • Definition of casual labour
  • Definition of temporary, casual labour and fixed-term, on-loan employees and independent contractor
  • Definition of workman
  • Definition of employer
  • Contract of service versus contract for service
  • Course of employment
  • Continuous and non-continuous employment

2. Contract of employment

  • Essential clauses in a part-time versus casual labour employment contract
  • Legal requirements of part-time and casual labour employment contract
  • Terms and conditions of the part-time and casual labour employment contract
  • Conditions versus warranties

3. Part-time work

  • Job-share-where a full-time job is divided into two part jobs
  • Evening or weekend work
  • Half day work versus full day work but with same working hours
  • Continuous of service versus non-continuous of service ( length of service of employment )

 4. Termination of part-time employment contract

  • Contractual termination of the statutory part-time employee
  • Contractual termination of common law part-time employee
  • Differences between dismissal with notice and without notice.
  • When is a contract deemed to be broken between employer and part-time employee?
  • Misconduct of statutory part-time employee versus common law part-time employee
  • Suspension and Inquiry to the dismissal of part-time employees
  • Misconduct, negligence and breach of company rules and regulations of part-time employees
  • Compensation/Reinstatement for wrongful and unfair dismissal

4. Payment of Salary

  • 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 for Part-time employment

  • Pro-ration of statutory and non-statutory benefits
  • What kind of leave can be encahsed and encashment calculation
  • 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
  • Entitlement for public holidays for statutory and common law part-time employees
  • The rate of pay for a public holiday
  • The public holiday falling on a working day, rest day and off day for shift and non-shift work
  • Recognition of medical certificate 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
  • Public Holidays Act
  • Retrenchment and retirement benefits
  • Annual leave, no pay leave, etc
  • AWS, bonuses, commission and incentive schemes
  • Scope and coverage under collective agreement ie if the company is unionised.

6. Maternity, Paternity and Childcare leave for Part-Time employees

  • 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

7. 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

8. The case study on flexible work arrangement

  • Types of work week arrangement for part-time employees
  • Impact on manpower headcount on part-time employees
  • Achievable headcount for part-time employees
  • Cost impact on part-time employees
  • Restructuring and variation of the employment contract to accommodate changes from full-time to part-time employment.
  • Salary and compensation equalisation to accommodate the change from full-time to part-time employment.

9. 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

Methodologies

Lecture and case studies.

Who should attend?

Human Resource practitioner, business owners, line managers and executives who are in-charge of part-time employees and casual labours.

Workshop Registration: Employment (Part-Time Employees ) Regulations and its Practical Applications

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