In Singapore. for employment to be valid there must be a contract that has been agreed upon between the employers and the employee/s. In rule. employer and employee could come in into contractual duties without a written contract. Harmonizing to Sharon Bernhardt. that Singapore is known for its thriving concern economic system every bit good harmonizing to the WEF Global Competitiveness Report. Singapore is the most competitory economic system in Asia. ranking 3rd in the universe and following merely Switzerland and the United States. It is a common pattern in Singapore for concerns to use employment contracts with their employees. There are no specific guidelines for employment contracts in the Employment Act. However. a contract in Singapore typically contains information about responsibilities. wage. work hours. benefits and expiration. Employment contracts are besides typically documented in composing to continue certification.
I. The Employment Act
Labour Laws in Singapore is stated through the Employment Act. As stated in the AGC Singapore site. that “the Employment Act covers every employee ( regardless of nationality ) who is under a contract of service with an employer” . except: a. Any individual employed in a managerial or executive place B. Any mariner ;
c. Any domestic worker ; and d. Any individual employed by a Statutory Board or the Government. It is besides stated that portion IV of the Act. which provides for remainder yearss. hours of work and other conditions of service. applies merely to: a. Workmen gaining non more than $ 4. 500 basic monthly wages and B. Employees gaining non more than $ 2. 000 basic monthly wages.
A. Managers & A ; Executives under this Employment Act
In Singapore. directors and executives are employees with executive or supervisory maps. These maps include the authorization to act upon or do determination on issues such as enlisting. subject. expiration of employment. appraisal of public presentation and wages. or engagement in the preparation of schemes and policies of the endeavor. or the direction and running of the concern.
They besides include professionals with third instruction and specialised knowledge/skills and whose employment footings are comparable to those of directors and executives. Professionals such as attorneies. comptrollers. tooth doctors and physicians whose nature and footings of employment are comparable to executives would by and large be deemed as such. and hence they would non be covered under the Act. Junior directors and executives gaining $ 4. 500 basic monthly wage and below are merely covered partly on the basic payment of salary. All other commissariats do non use to them. B. The Work force
In the range of Labor Laws of Singapore. a workingman is an employee whose work involves manual labor. This includes a worker who falls under any of the undermentioned classs: a. Any individual. skilled or unskilled. making manual work. including any artisan or learner but excepting any mariner or domestic retainer ; B. Any individual. other than clerical staff. employed in the operation or care of automatically propelled vehicles that transport riders. for hire or commercial intents ; c. Any individual employed to oversee any workingman and execute manual work. However. this is capable to the demand that the clip spent on manual work must be more than half of the entire on the job clip in a salary period ; or d. Any individual specified in the First Schedule of the Employment Act. viz. : I.
a. Cleanerss ;
B. Construction workers ;
c. Laborers ;
d. Machine operators and assembly programs ;
e. Metal and machinery workers ;
f. Train. coach. lorry and new wave drivers ;
g. Train and coach inspectors ; and
h. All workingmans employed on piece rates at the employer’s premises.
It covers both local and foreign employees. It does non do any differentiation between a impermanent employee. contract employee. daily-rated employee or employee on tenured employment. For employees working less than 35 hours a hebdomad. they are covered by the Employment of Part-Time Employees Regulations. which provide certain flexibleness for both the employers and employees. including the pro-rating of employment benefits. encashment of one-year leave and proviso of remainder twenty-four hours.
Harmonizing to “Guide Me Singapore” by Janus Corporate Solutions. the lone judicial admission in the Employment Act is that employees are paid in a timely mode ( employees must be paid at least one time a month ) . Therefore. there is no minimal pay for workers in Singapore Many companies do give an one-year fillip of an excess month’s wage. but this is non a needed pattern. Work hours are regulated for employees who earn less than $ 2. 000 SGD per month. Harmonizing to the Employment Act. these workers may non be required to work more than eight hours a twenty-four hours or 44 hours per hebdomad. They are besides entitled to a interruption after six hours of work. Employees in direction or higher places may work more hours depending on the footings outlined in their contract.
D. Hours of Work. Overtime & A ; Rest Days
As stated in the portion IV of the Employment Act & A ; Section 33 are applicable merely to: a. Workmen gaining non more than $ 4. 500 basic monthly wages ; and B. Other employees gaining non more than $ 2. 000 basic monthly wages ( excepting. overtime. fillip. Annual Wage Supplement. productiveness inducements and allowances ) . E. Maximum working hours
In Singapore. an employee is non allowed to work for more than 12 hours within a twenty-four hours except in the undermentioned fortunes: a. Accident or menace of accident ;
B. Work that is indispensable to:
i. the life of the community ;
two. national defense mechanism ; or
three. security ;
c. Urgent work to be done to machinery or works ; or d. An break of work which was impossible to anticipate. Thus. an employee can be required to work up to 12 hours a twenty-four hours if the employee gives his consent in authorship. after the commissariats of Sections 38 and 40 of the Employment Act have been clearly explained to him. He must be informed of the day-to-day working hours. the figure of working yearss in each hebdomad and the hebdomadal remainder twenty-four hours. Employers that require their employees to work more than 12 hours ( maximal 14 hours ) a twenty-four hours are required under subdivision 40 of the Employment Act. to use for overtime freedom from the Ministry of Manpower. F. Break clip
The continuance of the interruption ( s ) should be no less than 45 proceedingss. An employee is by and large non required to work more than six back-to-back hours without a interruption. However. if the nature of work is such that it must be carried on continuously. an employee may be required to work eight hours continuously. In such an case. a interruption or interruptions must be given so that the employee can hold his/her repast ( s ) . G. Normal hours of work
An employee covered by Part IV of the Employment Act is non required under his/her contract of service to work more than eight hours in a twenty-four hours or 44 hours in a hebdomad. * The bound of eight hours per twenty-four hours may be exceeded when an employee is non required to work more than five yearss a hebdomad. However. he/she is non required to work for more than nine hours per twenty-four hours or 44 hours in a hebdomad. * If the figure of hours worked is less than 44 hours every surrogate hebdomad. the bound of 44 hours a hebdomad may be exceeded in the other hebdomad.
However. this must be stated in the contract of service and is capable to a upper limit of 48 hours in one hebdomad or 88 hours in any uninterrupted two hebdomad period. A displacement worker is allowed to work up to 12 hours a twenty-four hours. provided that the mean on the job hours each hebdomad do non transcend 44 over a uninterrupted three hebdomad period. If the employee’s remainder twenty-four hours falls on a twenty-four hours other than a Sunday. the employer is required to fix a monthly roll and inform him of his remainder yearss for the month at the beginning of each month. H. Overtime allowance
Overtime allowance is collectible if the employee is required by the employer to work above the bound of working hours specified above. All work in surplus of the normal hours of work ( excepting interruption clip ) is considered as overtime work. An employee must be paid no less than 1. 5 times his/her hourly basic rate of wage for overtime. Payment for overtime work must be made within 14 yearss after the last twenty-four hours of the salary period. I. Maximal hours of overtime
An employee is permitted to work up to a bound of 72 hours of overtime in a month. However. this bound may be exceeded if the Ministry of Manpower has granted an freedom under subdivision 38 of the Employment Act. Employers that require their employees to work more than 72 hours of overtime in a month are required under subdivision 38 of the Employment Act. to use for overtime freedom from the Ministry of Manpower. For work done on remainder yearss or public vacations it is non included in the 72 hours’ bound for overtime. However. if an employee works beyond his normal day-to-day working hours on his remainder twenty-four hours or public vacation. the excess hours of work done would be included in the 72 hours’ bound for overtime work. The rate of payment for an employee who works overtime on his remainder twenty-four hours and public vacation should be paid at non less than one and a half times his hourly basic rate of wage for the overtime work ( as in the instance of overtime work on any other twenty-four hours ) . in add-on to his remainder twenty-four hours or public vacation wage.
J. Rest yearss
An employee covered by Part IV of the Employment Act is entitled to a remainder twenty-four hours consisting one whole twenty-four hours ( midnight to midnight ) every hebdomad. The remainder twenty-four hours can be on a Sunday or any other twenty-four hours. The employer should find the remainder twenty-four hours and inform the employee before the beginning of each month. It is non a paid twenty-four hours. Employer can non oblige employees to work on rest twenty-four hours unless under really exceeding fortunes. The longest allowable interval between two remainder yearss is 12 yearss.
This can happen where in one hebdomad. the remainder twenty-four hours is given on Monday. which is at the beginning of the working hebdomad. In the undermentioned hebdomad. the remainder twenty-four hours is on Sunday. which is at the terminal of following working hebdomad. This will enable an employee to take two rest yearss at a stretch and let an employer greater flexibleness in the rostering of remainder yearss. For a displacement worker. the remainder twenty-four hours can be a uninterrupted period of 30 hours. A 30-hour remainder period that commences earlier 6pm on a Sunday will be considered as one remainder twenty-four hours within the hebdomad. even though the 30-hour period will widen into the following hebdomad. i. e. on Monday. K. Payment for work done on a remainder twenty-four hours
Payment for work done on a remainder twenty-four hours should be calculated as such: a. Work done at employer’s petition:
* One day’s wage when the employee works up to half the normal day-to-day working hours ; or * Two days’ salary when the employee works more than half the normal day-to-day working hours. a. Work done at employee’s petition:
* Half day’s wage when the employee works up to half the normal day-to-day working hours ; or * One day’s wage when the employee works more than half the normal day-to-day working hours. If an employee works beyond the normal day-to-day working hours on a remainder twenty-four hours. he/she should be paid at least 1. 5 times the hourly basic rate of wage. L. Benefits
Other benefits outlined in the Singapore Employment Act include the followers:
a. ill leave.
b. one-year leave.
c. pregnancy leave and vacations.
Many companies really offer better benefits than what is required by the Employment Act. though employers are non required to offer employees private wellness insurance. All Singaporean citizens pay into a authorities wellness program through their employer.
II. Fair Employment
Singapore is a meritocratic society and implementing just and merit-based employment patterns is the right thing to make. Singapore besides has a diverse work force in footings of its cultural. spiritual. age and gender make-up. It will be progressively so in footings of age and gender. as our population ages and as we encourage more adult females to come in the work force. Implementing just and merit-based employment patterns widens the pool of campaigners that employers can enroll from. increasing their opportunities of happening the best individual for the occupation. Treating employees reasonably and with regard besides helps employers to retain valued employees to prolong and turn their concerns.
Employees will besides be more motivated to set in their best for the administration. The Tripartite Alliance for Fair Employment Practices ( TAFEP ) works with employer administrations. brotherhoods and the Government to make consciousness and ease the acceptance of just employment patterns. TAFEP was formed in pursuant to the recommendation of the Tripartite Committee on Employability of Older Workers to advance employment patterns that are just and just to all workers. The Alliance is co-chaired by Mr Heng Chee How. Deputy Secretary-General. National Trades Union Congress ( NTUC ) and Mr Bob Tan. Vice President. Singapore National Employers Federation ( SNEF ) . The Alliance besides includes members stand foring the employers. workers/unions. and the Government.
III. Singapore Labour Laws for foreign workers
In Singapore. minimum monthly wage of employment base on balls ( EP ) holders is S $ 2. 500 ( P77. 500 ) . The “S” base on balls took consequence July 1. 2004. providing to skilled workers at in-between degree with minimal wage of S $ 1. 800 ( P55. 800 ) . “S” base on balls holders who earn basic monthly wage of at least S $ 2. 500 ( P77. 500 ) can take their partner and kids to Singapore. Professional licenses issued in the Philippines are non recognized. Filipino applied scientists and designers can non subscribe on their undertaking paperss.
WP ( work license ) class includes domestic assistant. nursing adjutant. health care helper. technician and other places that do non necessitate particular accomplishments and college grade. Wages for work licenses are below S $ 1. 800 ( P55. 800 ) monthly. Work licenses are valid for two old ages and possibly renewed with the Ministry of Manpower. Conditionss of work license holders as follows:
a. Must possess high school sheepskin for continued employment in the City State ; B. Can merely work for employer/company and in business stated in his/her work permit card ; c. Shall non acquire involved in any illegal. immoral or unwanted activities in Singapore –e. g. drugs. offense. harlotry. interrupting up households ; d. Shall non cohabit or have any kids with a Singapore Citizen or Permanent President ; e. Shall abide by conditions associating to marriage to a Singapore Citizen or Permanent Resident. as stated in conditions of work license ; f. Shall present ego for medical scrutiny by a registered Singapore physician when requested by Controller of WP ; g. WP card must be surrendered to the Work Permit Department upon completion. surrender or expiration of employment ; and h. Shall transport his/her work permit card at all times.
Singapore’s Employment Act does non cover domestic assistants. Hence. most debatable of OFWs there are the DHs. Common jobs DHs brush are: being made to work in more than one family. extortionate arrangement fees. non-payment of wages. deficiency of valid employment contract as footing for colony of claims/complaints. rare or even no yearss away. being made to make unsafe work ( e. g. window cleansing in high-rise abode ) . and refusal of employer to go to to medical demands of ill domestic assistants. Singapore observes “open market” policy for domestic workers. Filipino adult females enter into contractual relationships without counsel from the Filipino authorities or its representative. They are subjected to inordinate tax write-offs from wages by recruiters both in the Philippines and Singapore. In many instances. the footings and conditions of these employment contracts are below. or are non-compliant with the criterions set by the POEA.
Employers of DHs must inform the Ministry of Manpower ( MOM ) within 12 hours of their cognition of decease of their domestic workers. Employment bureaus are prohibited from exposing foreign domestic workers. Any show of amahs is considered a misdemeanor of Section 1. degree Celsius of Employment Agency Act and could take to withdrawal of agency’s licence. Since May 3. 2004. work licenses can be cancelled by merely directing a facsimile message to the MOM. Employers must subject to MOM the residential reference of their foreign workers for easy monitoring in instances of exigency. Effective April 2004. first-time employers and domestic workers must go to seminars at MOM before issue of work license.
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