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Legal Framework: Employment Act (Contract OF service (include terms &…
Legal Framework: Employment Act
Sg main labour legislation
sets out
BASIC terms & conditions of employment
Rights & responsibilities of employers & employees under contract OF service
cover:
every emp regardless of NATIONALITY who is under contract OF service
except:
managers/executive who earn > $4500 per month
emp with executive/supervisory functions
duties includes:
influencing & dec making on recruitment, discipline
formulating strategies & policies
manage & run biz
Professional with tertiary edu, specialised knowledge, skills
seafarers(sailors)
other emp act:
domestic workers
statutory board & govt emp
employment of foreign manpower act
foreign workers holding a work pass
Employee:
under contract OF service
employed: FULL/PART time, temporary, contract
paid : hourly/monthly/daily
working <35 hours per week : employment of part time employee regulations
Contract OF service
define employer-employee r/s
include terms & conditions of employment
title of job
salary
working hours
emp benefits
agreement where:
1 person agree to employ one as employee
other agree to serve employer as employee
can be in:
writing/verbal
form of letter of appointment or employment
emp does biz for employer
Some are covered by employment act
include statutory benefits
Contract FOR service
define client-contractor r/s
contractor do biz on OWN a/c
NOT covered by employment act
No statutory benefits
Termination
either party end employment r/s
resignation
notice period
waive off notice period by MUTUAL consent(should be in writing)
can use annual leave to OFFSET
according to employment contract
without notice: pay salary in lieu
dismissal(due to misconduct)
employer must hold INQUIRY before taking action
can appeal against UNFAIR dismissal by writing to MOM
end of contract terms
WITHOUT notice
employee
if employer nv pay salary WITHIN 7 days being due
employer
employee absent from work CONTINUOUSLY for >2 working days W/O APPROVAL/GOOD REASON/INFORMING employer
Payment of salary
pay at least ONCE a month, WITHIN 7 days after end of salary period
Fix salary period
OT payments made within 14 days after end of salary period
Priority of salary over other debts
payment on dismissal, termination
Payslip(hard/soft copy): must be issued to emp covered under employment act
given together with payment /within 3 working days of payment
termination/dismissal: must give WITH outstanding salary
eg of items: name of emper,empee & OT hours & basic salary...
Rest days, hours of work & other conditions of service
only apply to:
workman(manual labour) earning salary of NOT >$4500
emp not workman but covered by employment act & earn salary of NOT >$2500
Doesn't cover all managers/executive
common work arrangements, contractual hours of work
5 days/less: 9hr per day/ 44hr a week
5 days/more: 8hr a day/44hr a week
not allowed to work >12hr a day unless special circumstances
OT work : all work in EXCESS of normal work hours(exclude breaks)
can claim if:
non-workman: earning up to $2500
capped at hourly rate of $11.80
workman earning up to $4500
max 72 hours/month
at least 1.5X hourly rate of pay
Rest days: consist of 1 WHOLE day
NOT paid day
shift worker: can be continuous period of 30 hours
Annual leave: depends on years of service with employer
criteria: worked for employer for at least 3 months
Retrenchment: must give notice & retrenchment benefits to eligible employees
considerations:
before
inform MOM/TAFEP within 5 working days after telling affected emp before giving FORMAL notice of retrenchment
consult with union(if have)
during
consider alternatives
pay all salaries to emp on LAST day of work(notice pay, unconsumed annual leave)
benefits:
eligible if: serve company for AT LEAST 2 years
amt stated in contract OF service/collective agreement
if dont have: nego between employee & employer
Truck system
salary payment
paid in legal tender
through bank, cheque
recover salary not paid in legal tender
in addition to salary: provide food, allowance
set up canteen, shops to sell food
part time employees
work <35 hours a week
covered by employment act(except managers...)
entitled to pro-rated(distributed) benefits based on weekly working hours
except maternity leave, same benefits as full timers
employment of children & young persons
must be 13 years & above
13-15 years old should only carry out LIGHT duties in NON-INDUSTRIAL setting