Labor Law of Singapore Essay

In capital of capital of capital of Singapore, for business to be well-grounded there must be a bring that has been agreed upon among the employers and the employee/s. In principle, employer and employee could enter into eng timeual obligations without a create verb on the wholey contract. According to Sharon Bernhardt, that Singapore is known for its thriving business economy as well according to the WEF Global Competitiveness Report, Singapore is the most militant economy in Asia, ranking third in the world and by-line only Switzerland and the United States. It is a common practice in Singapore for businesses to utilize barter contracts with their employees. There be no specific guidelines for body of work contracts in the exercise cloak. However, a contract in Singapore typically contains information about duties, fee, piss hours, benefits and termination. piece of have got contracts atomic number 18 as well typically documented in writing to preserve document ation.I. The calling procedure repulse Laws in Singapore is tell through the Employment Act. As stated in the AGC Singapore site, that the Employment Act covers every employee (regardless(prenominal) of nationality) who is on a lower floor a contract of service with an employer, except a. both soulfulness employed in a managerial or executive position b. all marinerc. Any interior(prenominal) make believeer and d. Any person employed by a Statutory Board or the Government. It is also stated that crack up IV of the Act, which provides for end twenty-four hour consummation quantify, hours of act as and other conditions of service, applies only to a. fixmen earning non more than than $4,500 raw material monthly salaries and b. Employees earning not more than $2,000 basic monthly salaries.A. Managers & Executives under this Employment ActIn Singapore, managers and executives are employees with executive or supervisory functions. These functions imply the authorit y to influence or make decision on issues such as recruitment, discipline, termination of custom, assessment of performance and reward, or closeness in the formulation of st dictategies and policies of the enterprise, or the management and running of the business.They also include professionals with tertiary education and fussyised knowledge/skills and whose physical exercise terms are comparable to those of managers and executives. Professionals such as lawyers, accountants, dentists and defines whose nature and terms of employment are comparable to executives would generally be deemed as such, and hence they would not be covered under the Act. Junior managers and executives earning $4,500 basic monthly salary and down the stairs are only covered partially on the basic fee of salary. only other provisions do not apply to them. B. The menIn the scope of Labor Laws of Singapore, a break awayman is an employee whose work involves manual of arms labour. This includes a worker who falls under whatever of the following categories a. Any person, handy or unskilled, doing manual work, including any artisan or prepare but excluding any seaman or domestic servant b. Any person, other than clerical staff, employed in the operation or nutriment of mechanically propelled vehicles that transport passengers, for hire or commercial purposes c. Any person employed to supervise any workman and perform manual work. However, this is field of force to the requirement that the time spent on manual work must be more than half of the total whole caboodle time in a salary period or d. Any person stipulate in the First Schedule of the Employment Act, namely i.a. Cleanersb. social organization workersc. Labourersd. Machine operators and assemblerse. Metal and machinery workersf. Train,bus, lorry and van driversg. Train and bus inspectorsandh. All workmen employed on piece rates at the employers premises.It covers both local and extraneous employees. It does not make a ny distinction between a temporary employee, contract employee, insouciant-rated employee or employee on tenured employment. For employees work less than 35 hours a hebdomad, they are covered by the Employment of Part-Time Employees Regulations, which provide certain flexibility for both the employers and employees, including the pro-rating of employment benefits, encashment of annual leave and provision of last out solar mean solar daylighttime.C. Wages/SalaryAccording to quarter Me Singapore by Janus Corporate Solutions, the only stipulation in the Employment Act is that employees are paid in a timely stylus (employees must be paid at least once a month).Thus, there is no minimum wage for workers in Singapore umpteen companies do give an annual bonus of an extra months salary, but this is not a ask practice. Work hours are regulate for employees who earn less than $2,000 SGD per month. According to the Employment Act, these workers may not be take to work more than e ight hours a day or 44 hours per week. They are also entitled to a break after(prenominal) six hours of work. Employees in management or higher positions may work more hours depending on the terms outlined in their contract.D. Hours of Work, Overtime & relaxation behavior DaysAs stated in the part IV of the Employment Act & Section 33 are applicable only to a. Workmen earning not more than $4,500 basic monthly salaries and b. Other employees earning not more than $2,000 basic monthly salaries (excluding, overtime, bonus, Annual Wage Supplement, productivity incentives and allowances). E. Maximum working(a) hoursIn Singapore, an employee is not allowed to work for more than 12 hours within a day except in the following circumstances a. Accident or bane of accidentb. Work that is essential toi. the life of the communityii. national disproof oriii. securityc. Urgent work to be d single to machinery or plant or d. An interruption of work which was impossible to foresee. Thus, an employee can be required to work up to 12 hours a day if the employee gives his acquiesce in writing, after the provisions of Sections 38 and 40 of the Employment Act have been clearly explained to him. He must be informed of the daily working hours, the number of working days in severally week and the weekly peacefulness day. Employers that require their employees to work more than 12 hours (maximum 14 hours) a day are required under section 40 of the Employment Act, to apply for overtime exemption from the Ministry of Manpower. F. Break timeThe era of the break(s) should be no less than 45 minutes. An employee is generally not required to work more than six consecutive hours without a break. 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 instance, a break or breaks must be given so that the employee can have his/her meal(s). G. traffic pattern hours of workAn employee c overed by Part IV of the Employment Act is not required under his/her contract of service to work more than eight hours in a day or 44 hours in a week. * The limit of eight hours per day may be exceeded when an employee is not required to work more than five days a week. However, he/she is not required to work for more than nine hours per day or 44 hours in a week. * If the number of hours worked is less than 44 hours every alternate week, the limit of 44 hours a week may be exceeded in the other week.However, this must be stated in the contract of service and is subject to a maximum of 48 hours in one week or 88 hours in any continuous dickens week period. A time out worker is allowed to work up to 12 hours a day, provided that the average working hours each week do not exceed 44 over a continuous three week period. If the employees rest day falls on a day other than a Sunday, the employer is required to prepare a monthly coil and inform him of his rest days for the month at the ascendant of each month. H. Overtime allowanceOvertime allowance is payable if the employee is required by the employer to work above the limit of working hours specified above. All work in excess of the dominion hours of work (excluding break time) is considered as overtime work. An employee must be paid no less than 1.5 times his/her periodic basic rate of pay for overtime. Payment for overtime work must be make within 14 days after the pass day of the salary period. I. Maximum hours of overtimeAn employee is permitted to work up to a limit of 72 hours of overtime in a month. However, this limit may be exceeded if the Ministry of Manpower has granted an exemption under section 38 of the Employment Act. Employers that require their employees to work more than 72 hours of overtime in a month are required under section 38 of the Employment Act, to apply for overtime exemption from the Ministry of Manpower. For work through on rest days or public holidays it is not included in th e 72 hours limit for overtime. However, if an employee works beyond his normal daily working hours on his rest day or public holiday, the extra hours of work done would be included in the 72 hours limit for overtime work. The rate of payment for an employee who works overtime on his rest day and public holiday should be paid at not less than one and a half times his hourly basic rate of pay for the overtime work (as in the case of overtime work on any other day), in addition to his rest day or public holiday pay.J. Rest daysAn employee covered by Part IV of the Employment Act is entitled to a rest day comprising one whole day (midnight to midnight) every week. The rest day can be on a Sunday or any other day. The employer should determine the rest day and inform the employee before the beginning of each month. It is not a paid day. Employer cannot compel employees to work on rest day unless under very exceptional circumstances. The longest permissible interval between two rest days is 12 days.This can occur where in one week, the rest day is given on Monday, which is at the beginning of the working week. In the following week, the rest day is on Sunday, which is at the end of close working week. This will change an employee to take two rest days at a corrupt and allow an employer greater flexibility in the rostering of rest days. For a shift worker, the rest day can be a continuous period of 30 hours. A 30-hour rest period that commences before 6pm on a Sunday will be considered as one rest day within the week, even though the 30-hour period will extend into the next week, i.e. on Monday. K. Payment for work done on a rest dayPayment for work done on a rest day should be calculated as such a. Work done at employers predication* One days salary when the employee works up to half the normal daily working hours or * Two days salary when the employee works more than half the normal daily working hours. a. Work done at employees request* Half days salary when t he employee works up to half the normal daily working hours or * One days salary when the employee works more than half the normal daily working hours. If an employee works beyond the normal daily working hours on a rest day, he/she should be paid at least 1.5 times the hourly basic rate of pay. L. BenefitsOther benefits outlined in the Singapore Employment Act include the followinga. sick leave,b. annual leave,c. motherliness leave and holidays.Many companies actually offer better benefits than what is required by the Employment Act, though employers are not required to offer employees unavowed health insurance. All Singaporean citizens pay into a government health plan through their employer.II. Fair EmploymentSingapore is a meritocratic society and implementing reliable and merit-based employment practices is the right thing to do. Singapore also has a diverse workforce in terms of its ethnic, religious, age and sex makeup. It will be increasingly so in terms of age and gend er, as our population ages and as we encourage more women to enter the workforce. Implementing fair and merit-based employment practices widens the pool of candidates that employers can recruit from, increasing their chances of finding the high hat person for the job. Treating employees fairly and with respect also helps employers to retain valued employees to carry and grow their businesses.Employees will also be more motivated to hurl in their best for the organisation. The Tripartite Alliance for Fair Employment Practices (TAFEP) works with employer organisations, unions and the Government to create awareness and facilitate the adoption of fair employment practices. TAFEP was formed in pursuant to the recommendation of the Tripartite Committee on Employability of Older Workers to promote employment practices that are fair and equitable to all workers. The Alliance is co-chaired by Mr Heng Chee How, Deputy Secretary-General, National Trades Union Congress (NTUC) and Mr shillin g Tan, Vice President, Singapore National Employers Federation (SNEF). The Alliance also includes members re arraying the employers, workers/unions, and the Government.III. Singapore Labour Laws for foreign workersIn Singapore, minimum monthly salary of employment pass (EP) holders is S$2,500 (P77, 500). The S pass took effect July 1, 2004, catering to skilled workers at middle level with minimum salary of S$1,800 (P55, 800). S pass holders who earn basic monthly salary of at least S$2,500 (P77, 500) can take their spouse and children to Singapore. Professional licenses issued in the Filipinos are not recognized. Filipino engineers and architects cannot sign on their project documents.WP (work permit) category includes domestic helper, nursing aide, healthcare assistant, technician and other positions that do not require special skills and college degree. Salaries for work permits are below S$1,800 (P55, 800) monthly. Work permits are valid for two years and maybe renewed with the M inistry of Manpower. Conditions of work permit holders as followsa. Must possess high school diploma for continued employment in the City State b. Can only work for employer/ beau monde and in occupation stated in his/her work permit plank c. Shall not get involved in any illegal, immoral or undesirable activities in Singapore e.g. drugs, crime, prostitution, breaking up families d. Shall not shack up or have any children with a Singapore Citizen or unchanging President e. Shall abide by conditions relating to marriage to a Singapore Citizen or Permanent Resident, as stated in conditions of work permit f. Shall present self for medical examination by a registered Singapore doctor when requested by Controller of WP g. WP card must be surrendered to the Work Permit Department upon completion, resignation or termination of employment and h. Shall carry his/her work permit card at all times.IV. RestrictionsSingapores Employment Act does not cover domestic helpers. Hence, most arguab le of OFWs there are the DHs. Common problems DHs encounter are being made to work in more than one household, exorbitant placement fees, non-payment of salaries, escape of valid employment contract as basis for settlement of claims/complaints, exalted or even no days off, being made to do dangerous work (e.g. window cleaning in high-rise residence), and refusal of employer to understand to medical needs of sick domestic helpers. Singapore observes open food market policy for domestic workers. Filipino women enter into contractual relationships without guidance from the Philippine government or its representative. They are subjected to excessive deductions from salaries by recruiters both in the Philippines and Singapore. In many cases, the terms and conditions of these employment contracts are below, or are non-compliant with the standards set by the POEA.Employers of DHs must inform the Ministry of Manpower ( mamma) within 12 hours of their knowledge of death of their domestic workers. Employment agencies are prohibited from displaying foreign domestic workers. Any display of maids is considered a violation of Section 1, c of Employment Agency Act and could lead to withdrawal of agencys license. Since May 3, 2004, work permits can be cancelled by obviously sending a fax message to the MOM. Employers must submit to MOM the residential address of their foreign workers for easy monitoring in cases of emergency. stiff April 2004, first-time employers and domestic workers must attend seminars at MOM before consequence of work permit.SOURCEShttp//statutes.agc.gov.sg/aol/search/display/view.w3ppage=0query=DocId%3A%22571f13ea-3a91-47ef-a07b-f45d12fc2101%22%20Status%3Apublished%20Depth%3A0rec=0 http//www.ehow.com/list_5989991_labor-laws-singapore.htmlhttp//www.gmanetwork.com/news/story/42715/pinoyabroad/singapore-labor-laws-for-foreign-workers http//www.guidemesingapore.com/incorporation/hr/singapore-employment-act-guide