Essential Employment Laws for Line Managers / Supervisors and HR Business Partners

Introduction : Essential Employment Laws for Line Managers / Supervisors and HR Business Partners

It is no doubt that in many companies, there is already a culture of line managers working closely with HR in order to address people management responsibilities. However, it is also clear that line managers felt vulnerable about taking on more of what they saw as traditional aspects of the HR-role- such as dealing with poor staff performance-without direct access to HR support and undertaking additional training, for example conflict and grievance management, manpower management and budgeting, etc. This is not withstanding that line managers when conducting selection interviews may inadvertently ask certain questions that may discriminate job prospects which can be detrimental to the company.

Line managers/supervisors play a crucial role in managing employee relations and performance, but can be described as the ‘weakest link’, as some managers may be promoted for their technical expertise, rather than their specific people-management skills and experience.

In view of the above, this two-day workshop will endeavour to train line managers/supervisors on how to engage employees without contravening employment laws. Also, by having an understanding of the employment legislations such as Employment Act, Employment of Foreign Manpower Act, Work Injury Compensation Act, Workplace Safety Health Act, Industrial Relations Act may actually assist the management in unnecessary legal suits by employees or being called up by Ministry of Manpower.

At the end of this workshop, delegates can be assured that they will acquire a working knowledge of the basic contours of employment law to avoid elementary errors that might impair their credibility or harm the business.

Learning Objectives:

1. Understand why employment law has bearing on line managers/supervisors.

2. Know the different types of employees in a company.

3. Know the difference between contract of service and contract for service.

4. Know the purpose and coverage of employees under the different legislation ie Employment Act, Employment of Foreign Manpower Act, Work Injury Compensation Act, Workplace Safety and Health Act, etc.

5. Know the requirements and obligations of managing foreign employees under work permit, Spass and Employment Pass.

6. Know the selection process of job prospects and avoiding raising discriminative questions.

7. Understand the fair employment consideration framework and handling of diversity issues so as to  avert discriminative practices at the workplace.

8. Understand the principles in manpower planning/budgeting and achievable mandays.

9. Understand the contents of the employment contract and the obligations to employees.

10. Know the statutory rights of the employees in the various legislations.

11. Know the employment rights of the employees in relation to express and implied terms of n employment contract.

12. Understand the approach in disciplining employees and if not dismissing employees without running infringing the employment law.

13. Know how to manage poor performers.

14. Know how to manage employees with frequent absenteeism, lateness, sick leave.

15. Managing employees who are union members.

Course Outline:

A competent Line Manager / Supervisor and HR Business Partner must have the skills and knowledge in the following:

1.       Introduction and the nature of employment law .

  • Scope and influence of employment law in managing employees.
  • Know the law – constraints and opportunities.

2.       Who are your employees – Is someone an employee or not?

  • Contract of service versus contract for service.
  • Statutory versus Common law ( Professionals, Managers and Executives ) employees.
  • Local versus foreign employee
  • Full-time / Regular employee
  • Part-time employee
  • Temporary employee
  • Fixed-term contract employee
  • Casual labour employee
  • Outsourced employee
  • Agency employee
  • Employees on loan/secondment

3.       Manpower planning/budgeting

  • Difference between manpower planning for operation and non-operation.
  • Work arrangement for operation : 4 days or 5 days or  6 days work week.
  • Work arrangement for non-operation : 5 days or 5.5 days or 5.5 days ( alternate Saturday-off ).
  • Working hours per day/week.
  • Calculation of achievable mandays to take into consideration for manpower budgeting.
  • Flexible work arrangement.

4.       Selection interview of job prospects ( diversity and non-discrimination )

  • Are there laws promoting diversity.
  • What is fair consideration framework.
  • What is tripartite alliance of fair employment practices.
  • Discrimination against job prospects.
  • Questions that are posed to job prospects that are attract discrimination.

5.       The employment contract of employees

  • Obligations on the contract in which to be abided by the parties.
  • Express and implied terms in a contract.
  • Consequences of breaching an employment contract.

6.       Statutory employment rights –pays, hours and holidays

  • Interpreting the payslips ie pay statement.
  • Rate of pay ( gross or basic ) for recalling employee back to work.
  • Payment for work on rest day.
  • Payment for work on off day.
  • Payment for work on public holiday for shift and non-shift.
  • Payment for training.
  • Payment on sick/hospitalisation leave ( Medical ).
  • Payment on sick/hospitalisation leave ( Work injury ).
  • Stipulated working hours for shift / non-shift work.
  • Payment for overtime ( by wages or time off )
  • Leave is based on working day or calendar day:-
  • Annual leave
  • Maternity leave
  • Reservist leave
  • Childcare leave
  • Paternity leave

7.       Contractual employment rights

  • Leave is based on working day or calendar day  and whether gross or basic rate of pay:
  • Examination leave
  • Union leave
  • Birthday leave
  • Compassionate lave
  • Paternity leave
  • Medical benefits ( outpatient/in-patient )
  • Term life insurance
  • Personal accident insurance

8.       Discipline of employees

  • Differentiation between disciplining statutory employee and common law employee. misconduct.
  • Definition of misconduct.
  • Code of conduct.
  • Disciplinary warning letters- who issue to employee?
  • Who can dismiss employee ( line manager or HR manager )?
  • Disciplinary/grievance procedure.
  • Suspension of employee.
  • Summarily dismissal of employee.

9.       Handling poor performers

  • Differentiation between poor performers of statutory employee and common law employee
  • Definition of poor performance ( key performance indicators ).
  • Progressive training for poor performers
  • Unsatisfactory work performance letters- who issue to employee?
  • Summarily dismissal of employee.

10.     Handling of employees who are on frequent sick leave (Malingerers ? ), refusal to do overtime, refusal to work on rest day, etc 

  • Recognition of medical leave ie private clinic, government clinic, in-house clinic.
  • Managing absence.
  • Compulsory for employees to work overtime.
  • Compulsory for employees to work on rest day.
  • Maximising use of sick leave.
  • Incentive of non usage of sick leave, overtime, work on off/ rest days.

11.     Statutory employment legislation ( know the purpose and coverage of employees

  • Purpose and coverage of employees under the different legislation
  • Offences/ Liabilities under the different legislation.
  • Penalties impose on the director/employer and employee infringing the legislation.
  • Type of work passes for foreign employees/ foreign students.
  • What is the quota allocation for foreign employees.
  • Legislation includes :
    • Employment Act,
    • Industrial Relations Act,
    • Employment of Foreign Manpower Act,
    • Work Injury Compensation Act,
    • Workplace Safety Health Act; and
    • Retirement and Re-employment Act.

12.     Trade union membership, duties and activities

  • Time off ( must it be trade union activities ).
  • Victimisation.
  • Handing union members and non-members.
  • Ordinary branch versus General branch member.

Methodologies

Lecture and case studies.

Who should attend?

Line Managers, Supervisors, HR Business Partners.

Workshop Registration: Essential Employment Laws for Line Managers / Supervisors and HR Business Partners

Please click here to register