The Act states that an employee is entitled to retrenchment benefits only if the employee has been in continuous service with the employer for a period of minimum 2 years. The Act, however, does not specify any concrete retrenchment benefits. The employer and the employee can mutually agree on these benefits at the time of signing the contract. The employment contract must state the way in which either party can terminate the contract.
A contract is terminated either by the employer or the employee. If there is no clause in the contract explaining the termination process, the termination provisions of the employment act are applicable. The parties can terminate the contract on the basis of a written notice. However, both the employer and employee must follow the notice period in the contract.
In case the contract does not specify any notice period the notice period of the Act is to be followed. Where either of the parties commits a material breach of any of the contractual terms, the contract can be terminated without any written notice. Lastly, if any employee is guilty of misconduct such as theft, dishonesty, or negligence an inquiry should be held on the matter, pursuant to which the employee can be dismissed.
The Act does not prescribe any procedure for an inquiry. However, as a general guideline, the employer must:. The Act states that during the inquiry procedure, the employer can suspend the employee from work for a maximum period of one week. In case the employee feels that he or she has been unfairly dismissed, the employee can appeal to the Ministry of Manpower within one month of the dismissal.
Singapore has long been recognised as one of the best cities for business thanks in part to its non-bureaucratic, business-friendly labour laws. Entrepreneurs appreciate the high degree of transparency and reliability in business, economic and regulatory affairs in Singapore. A stable political structure with parliamentary democracy, a well-established judicial system, and the presence of strong domestic institutions with good corporate governance practices, have made the Singapore business environment very attractive to global investors.
Ready to setup your company? Specifically, employers must be compliant with the following provisions of the Act:. The work hours do not include break-time for any meals, tea-time or rest. The Act states that: An employer cannot make an employee work for more than 12 hours a day.
The total overtime work in a month cannot exceed 72 hours. Employers who require their employees to work in excess of the maximum daily hours will have to send an application to the Ministry of Manpower for overtime exemption. If a conflict should occur, the first step would be to talk to your employee.
This should be done with sensitivity: give the employee an opportunity to express themselves, ask any questions calmly and listen to what is being said. It could be that there has been a simple misunderstanding or mistake that can be resolved quickly.
Disputes and conflicts within the workplace will happen, but steps can be taken to ensure they are kept to a minimum:. UK that sets out all the things you need to know and do if you are being taken to a tribunal. Therefore, key things the tribunal might instruct you to do are:. However, there is a large amount of freely available guidance and information around different work place situations. Trusted guidance comes from the government websites at www. A law centre or Citizens Advice Bureau will be able to put you in touch with a local legal adviser who offers a free or mixed-fee interview.
Many law firms undertake pro-bono work, which means they provide advice for free. What legislation covers the employment relationship? Jump to: 1. What is employment legislation? When do I need to think about employment law? What are the primary pieces of legislation? How can I resolve a dispute with my employee? What happens if I get taken to a tribunal? If you work less than 35 hours a week , you are a part-time employee covered by the Employment of Part-Time Employees Regulations.
If you are not covered by the Employment Act, your terms and conditions of employment will be according to your employment contract. Part IV of the Employment Act, which provides for rest days, hours of work and other conditions of service , only applies to:.
Basic salary excludes payment of overtime, bonus, annual wage supplement, productivity incentive payment, reimbursement for special expenses and all allowances. The Employment Act also deems that employees cannot work for more than 6 hours without a break. Inclusive of overtime work, employees cannot work more than 12 hours per day except under certain circumstances, including but not limited to an actual or threatened accident, work that is essential to national defence or security, or unforeseeable circumstances which leads to work being interrupted.
Shift workers, on the other hand, are not allowed to work more than 12 hours daily under any circumstances. Employees are entitled to 1 rest day deemed as a non-working day from midnight to midnight per week, and is not considered a paid day. The longest possible interval between 2 rest days is 12 days.
As a general rule in Singapore, office employees work from Monday through Friday, from 9am to 6pm or 7pm, depending on the industry and company policies. It is not uncommon for Singapore employees to work hours during the weekdays and half-day on Saturdays. The employee is entitled to paid holiday on public holidays, although the specific dates may be substituted by any other day, if this is mutually agreed by the employer and employee. In the event that there is a public holiday that falls on a Sunday, or rest day, the following Monday shall be considered the paid holiday.
However, as a common practice in Singapore, all employees are given the same public holidays benefit as above. To qualify for annual leave, the employee must have served at least 3 months with the employer. The amount of annual leave is dependent on the contractual agreement between the employee and your employer, but is subject to a minimum of 7 days during the first year, and 1 extra day for each additional year of service.
Common Practice: As a common practice in Singapore, all employees are given an annual leave around 14 days per year, well above the minimum required under the Singapore Employment Act.
The employee must produce a medical certificate from the company doctor if one is appointed , government doctor, or doctor from an approved hospital. Common Practice: Sick leave benefits for all company employees in Singapore generally correspond to the minimum requirements of the Employment Act as above. Statutory Requirement: There is no statutory requirement to provide private health insurance benefits to employees in Singapore under the Employment Act. Working professionals who are Singapore Citizens or Permanent Residents are automatically provided with a low-cost medical insurance called Medishield — a basic tier of insurance protection for all Singaporeans.
Medishield insurance scheme helps Medisave account holders and their dependents meet the cost of treatment during old-age or serious illnesses. Medishield premiums are deducted from the Medisave accounts. Common Practice: When it comes to healthcare insurance benefits, it really depends on the employer. In Singapore, most large companies offer additional private medical insurance benefits to their employees; and conversely, the smaller companies do not offer such benefits.
To provide a higher level of healthcare benefits than what is provided under the basic Medshield scheme, as well as to provide medical insurance benefits to Employment Pass holders i. Statutory Requirement: In simplified terms, female employees that have been employed for more than 3 months may be eligible for paid maternity leave benefits.
Eligible female employees are entitled to a total of 16 weeks leave. Employers are prohibited from dismissing any employees on maternity leave. Besides maternity leave, the eligible female employees are entitled to 6 days childcare leave per year, if they have worked for the employer longer than 3 months, and are the parent of a child below 7 years of age.
Common Practice: Maternity and Childcare leave benefits for company employees in Singapore generally correspond to the minimum requirements of the Employment Act as above. Statutory Requirement: The Employment Act does not have any clauses pertaining to the probation period for employees.
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