Workplace Compliance and Employment Law Advisory Services

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Stay Compliant with Singapore’s Employment Laws

Workplace Compliance Solutions for Employers

Workplace compliance refers to an employer’s obligation to comply with the established employment laws in Singapore. The main purpose of employment law is to protect individuals during their course of employment, such that their rights are respected, their skills are not unfairly exploited, and they are incentivised to contribute and innovate at the workplace. Hence, workplace compliance is crucial to achieve this objective.

Given the complexity and extent of employment laws, it may be difficult to manoeuvre the legal landscape and ensure workplace compliance. Our lawyers at Jacque Law can provide advice and solutions to maintain a work environment that is compliant with the various employment laws in force.

The main employment legislation in Singapore is the Employment Act. In addition, there are various statutes governing employment, such as the Workplace Safety and Health Act (“WSH Act”), the Trade Unions Act, the Employment of Foreign Manpower Act, and the Work Injury Compensation Act. Additionally, the Tripartite Alliance for Fair and Progressive Employment Practices has published the Tripartite Guidelines on Fair Employment Practices (“Tripartite Guidelines”), which all employers are expected to comply with.

The following are some areas that are regulated by employment laws:

Recruitment

The Tripartite Guidelines state that individuals should be recruited solely on merit rather than other factors such as age, race, gender, religion, disability, marital status or family responsibilities. The Ministry of Manpower has the authority to deal with employers who are found to have discriminatory recruitment practices.

The WSH Act is designed to facilitate safe work environments, reduce work-related injuries and protect employees’ health and wellbeing. Under the WSH Act, employers are responsible for ensuring the safety and health of their employees.

Employers’ duties include the following:

  • Providing and maintaining a safe work environment that does not pose a risk to employees’ health and that contains facilities to ensure their wellbeing at work;
  • Having procedures in place to deal with work-related emergencies that may occur;
  • Providing sufficient instructions, information, training and supervision to employees so that they are able to perform at work;
  • Ensuring that there are adequate safety measures in place in relation to machinery and equipment; and
  • Ensuring that employees are not exposed to hazards at the workplace.

Most employment contracts contain all applicable key employment terms and essential clauses, including the following:

  • The employer and employee’s full names;
  • The job title, duties and responsibilities;
  • The commencement date of employment;
  • The duration of employment;
  • Working hours and reporting arrangements;
  • Salary period and rate;
  • Fixed allowances;
  • Fixed deductions;
  • Overtime payment period and rate;
  • Bonuses, incentives, commission and/or participation in any employee stock option plan;
  • Types of leave and quantum, such as maternity leave, sick leave and annual leave;
  • Other medical benefits, such as health insurance;
  • Probation period;
  • Notice period; and
  • Grounds for termination.

It is a requirement that employers provide a written document of the key employment terms to their employees within 14 days of the start date of their employment.

There are certain rules under the Employment Act that must be followed in relation to payment of salary. Failure to pay salary is an offence and is punishable by a fine or imprisonment or both. The frequency of salary payment can vary as per the terms of the employment contract, but the Employment Act provides that payment must be done at least once a month and within 7 days of the end of the salary period. Moreover, salary must be paid on a working day.

Additionally, only authorised deductions can be made from the salary, and only up to 50% of the salary amount can be deducted in one salary period.

Some authorised deductions include:

  • Deductions for absence from work outside paid leave;
  • Deductions for damage or loss to goods caused by the employee’s neglect; and
  • Deductions for the recovery of any loan or overpaid salary.

If an employer wishes to dismiss an employee based on the employee’s poor performance, adequate notice must be given. The required notice period will generally be provided for in the employment contract. If there is no such clause in the contract, the required notice period will depend on the employee’s length of service under the employer.

Employers should be mindful not to dismiss employees on grounds that may be considered wrongful dismissal.

Examples of wrongful dismissal include:

  • Dismissal on discriminatory grounds such as religion, gender, age or disability;
  • Dismissal to punish the employee for exercising an employment right, such as refusing to work overtime;
  • Dismissal based on false or incorrect reasons; and
  • Dismissal to avoid providing the employee with certain benefits that he/she would have otherwise been entitled to, such as sick leave.

We're Ready To Help

Navigating the complexities of workplace compliance can be challenging, but Jacque Law LLC is here to provide expert guidance and support. Our team of experienced lawyers specialises in helping employers understand and adhere to Singapore’s employment laws, from the Employment Act to the Workplace Safety and Health Act. We work with you to ensure a compliant and fair workplace, safeguarding your rights and responsibilities every step of the way.

Commonly Asked Questions

What is workplace compliance, and why is it important?

Workplace compliance refers to an employer’s obligation to follow employment laws and regulations. Ensuring compliance helps create a safe, fair, and legally compliant work environment, protecting both employee rights and the employer’s business from potential legal issues.

The primary employment laws in Singapore include the Employment Act, Workplace Safety and Health Act, Employment of Foreign Manpower Act, and the Work Injury Compensation Act. Additionally, the Tripartite Guidelines on Fair Employment Practices outline expected standards for fair employment practices.

To comply with workplace safety standards under the Workplace Safety and Health Act, employers should implement safety protocols, conduct regular training, provide necessary safety equipment, and perform routine safety audits. Ensuring adherence to these standards protects employees and reduces risks of non-compliance.

If your company is found non-compliant, it’s essential to address the issue promptly. Seek legal advice to understand the necessary corrective actions, which may include updating policies, conducting training, or making compensation adjustments to align with legal requirements.

While the Tripartite Guidelines on Fair Employment Practices are not legally binding, employers are strongly encouraged to follow them. Non-compliance may still impact an employer’s reputation and could influence decisions by regulatory bodies, especially in cases involving work pass applications.