Singapore Employment Law is governed primarily by the Employment Act 1968, which sets out the minimum standards for employment agreements and the employer-employee relationship.
At KGP Legal LLC, we understand the complexities and nuances of Singapore employment law and are committed to providing comprehensive legal services to both the employers and employees. Our goal is to help clients navigate the intricacies of Singapore employment law to prevent disputes and ensure compliance with all legal requirements. Our lawyers offer a spectrum of services to navigate the intricacies of Singapore employment law, from advisory, negotiating and drafting employment contracts, to managing disputes and beyond, catering to a range of employees including the expatriate community, senior management, c-suites, executives, professionals and more.
The Employment Act aims to protect both parties by ensuring fair treatment, safe working conditions, and clear guidelines for employment practices. In order for an organisation to flourish, it is essential for leadership and shareholders to recognise and adhere to these regulatory frameworks.
Singapore’s Employment Act sets a range of guidelines for organisations to follow to ensure fair employment and treatment practices. Notable provisions include minimum employment terms and conditions, regulations for salary, working hours, annual leave and overtime pay, employee entitlements (i.e. paid sick leaves, paid maternity leaves, paid extended childcare leave, paid hospitalisation leave etc.) and other key employment terms. Navigating these key employment terms in a contract of service can be a challenge for both the employer and the employee. Reach out to us to provide tailored legal solutions and guidance in this process.
KGP Legal LLC will ensure legal and regulatory compliance with relevant statutes such as the Employment Act 1968, Central Provident Fund Act 1953 and Ministry of Manpower’s regulations.
Our employment lawyers are highly skilled and prioritise working closely with our clients to provide legally sound and practical advice, regardless of the role of our client (employers and employees), to avoid future disputes that may arise from the matter.
Employment law matters that we commonly handle includes opinions on any matters regarding employment law in Singapore and:
Advising clients on issues related to workplace discrimination and harassment.
Providing legal support for cases of unjust dismissal.
Reviewing and providing written employment contracts, handbooks setting out company’s policies and practices including payroll, code of conduct, disciplinary matters, and grievance procedures.
Advising on legal termination procedures, structuring severance packages and drafting letters of termination.
Helping clients with the application and renewal process for employment passes, dependent passes and letters of consent.
Provide assistance in negotiating terms, including employee share option plans. and staff-incentive plans.
Bridging overseas employment contracts with domestic ones for seamless alignment.
Email: enquiry@kgplegal.com.sg
Phone: (+65) 6916-1298
Fax: (+65) 6916-1290
KGP Legal LLC is a leading corporate and commercial law firm based in Singapore, with a strong international focus. As a member of the InterAsia Law Alliance, we provide seamless legal assistance in Singapore, Hong Kong, China, and Japan. Our integration within this network enables us to leverage extensive expertise and resources, ensuring comprehensive legal support across multiple jurisdictions.
At KGP Legal LLC, our employment law team plays a crucial role in providing tailored legal solutions for both employers and employees.
We offer strategic advice and practical guidance to prevent disputes and ensure legal compliance. We also assist with the legal aspects of employment pass applications and provide support in negotiating and harmonising employment contracts.
The Employment Act covers all employees under a contract of service with an employer, including both local and foreign employees. Exceptions include seafarers, domestic workers, and statutory board employees or civil servants. Part IV of the Act, which covers rest days and hours of work, applies specifically to workmen earning a basic monthly salary of not more than $4,500 and employees earning a monthly basic salary of not more than $2,600.
The categorisation of the above would affect the way the employment agreement is to be drafted. Feel free to contact us for more information in reviewing and drafting of employment agreements and handbooks.
Employment can be terminated without notice in situations such as gross misconduct or breach of contract. However, for reasons like poor performance or redundancy, employers are required to provide due notice or pay salary in lieu of notice.
Feel free to contact us for more information regarding unfair dismissal/termination.
An employment agreement should include working hours, job scope, salary, leave, benefits, and other conditions of employment. Additionally, we recommend including terms for non-disclosure and non-competition to protect your business interests.
We would ensure that employment agreements are robust and comprehensive, encapsulating all the key employment terms necessary.
Itemised Pay Slips:
As of 1 April 2016, all employers are required to issue itemised pay slips to employees covered by the Employment Act. The itemised pay slip must be issued at the same time as when payment is given to the employee or within three working days. In the case of termination or dismissal, the itemised pay slip must be given together with the outstanding salary. There are guidelines detailed by the Ministry of Manpower (MOM) on what the pay slip should include. However, if it is not applicable, it can be omitted. The following is a list of the items that need to be included:
Additionally, employers must keep record of all payslips issued in hard or soft copy, for 2 years for current employees. For ex-employees, the last 2 years of their pay slips should be kept for at least 1 year after the employee leaves employment.
Timely Payment of Salary:
In accordance with Part 3 of the Singapore Employment Act 1968, salary earned by an employee, other than payment for overtime, must be paid within one week of the salary period ending, at least once a month. Additional payments for overtime work must be paid no later than 14 days after the last day of the salary period during which the overtime work was performed.
The total salary due to an employee on completion of his or her contract of service must be paid to him or her on completion of the contract. If the employee’s work involves commissions, how and when it is paid to them is dependent on the employment contract previously agreed upon by the employer and employee.
The salary should be paid during working hours, and on a working day, at the place of work or other pre-agreed upon place. A payment of salary into an account with a bank in Singapore, being an account in the name of the employee is also acceptable.
Specified Rest Days, Hours of Work and Paid Maternity/Childcare Leave:
According to Part 4 of the SIngapore Employment Act 1968, guidelines for rest days, hours of work and other conditions of service have been laid out
It is specified that every employee must be allowed in each week a rest day without pay which must be a Sunday or any other day that has been agreed upon by employee and employer. Employees must also not be compelled to work on a rest day unless he or she is engaged in work that requires a succession of shifts. If an employee wishes to work on their rest day, the employer must pay for that day of work. If the employee works on their rest day at the request of their employer, the rate of pay will increase as outlined in Section 3 of Part 4.
An employee must not be required under their contract to work more than six consecutive hours without a period of leisure and no more than 8 hours a day or 44 hours a week. There are some exceptions, the most common one being that if it has been agreed that the number of days the employee is required to work in a week is not more than five, the limit of 8 hours a day is increased to 9 hours a day. If an employee at the request of their employer works more than their specified hours of work, the employer must pay them at a rate not less than one and a half times the employee’s hourly basic rate. Employees must not work more than 72 hours of overtime a month, and not exceed 12 hours of work a day except in the circumstances described in subsection (2)(a), (b), (c), (d) and (e).
Female employees are entitled to either 16 weeks of Government-Paid Maternity Leave or 12 weeks of maternity leave, depending on whether the child is a Singapore citizen and other criteria. If the child is a Singapore citizen, the employee has been serving their employer for at least 3 months and the employer has been notified at least 1 week before maternity leave is taken. The employee will continue to be paid during the leave period, which the employer can claim reimbursement for from the Government in accordance with the Government-Paid Maternity Leave Scheme. Parents who are Singapore citizens and have a child under 7 years of age and have been working continuously for 3 months or more are entitled to 6 days of childcare leave per parent per year, capped at 42 days in total per parent.
Any employee who has served their employer for more than six months is entitled to 14 days of leave each year if hospitalisation is not required. If hospitalisation is required, the employee is entitled to 60 days of leave in a year or the aggregate of 14 days plus the number of days on which the employee is hospitalised, whichever is lesser. Depending on the amount of time spent working under their current employer, the number of sick leave days change. This is dictated by Subsection (2) (a),(b) and (c) of Part 10 of the Singapore Employment Act. Sick leave must be certified by a medical practitioner or else they are deemed to have absented themselves without the employer’s permission.
According to the Employment Act Part 10 Chapter 88A: Annual Leave, an employee who has served an employer for a period of not less than 3 months is, in addition to the rest days, holidays and sick leave is entitled to: 7-14 days of paid annual leave, for the first 12 months of continuous service with the same employer, an additional one day of paid annual leave, for every subsequent 12 months of continuous service with the same employer.
According to Part 2 Section 17 of the Singapore Employment Act 1968, nothing in any contract of service should restrict, in any way, the right of any employee to join a registered trade union; to participate in the activities of a registered trade union (like the National Trades Union Congress), whether as an officer of the trade union or otherwise; or to associate with any other persons for the purpose of organising a trade union in accordance with the provisions of the Trade Unions Act 1940.
If you are not covered by the Employment Act, your terms and conditions of employment will be according to your employment contract.
There were a few notable changes to employment law in 2024:
To qualify for a standard employment pass application, an individual must pass two stages.
Under the Personal Data Protection Act, individuals have the right to expect that their personal data will be collected, used, or disclosed only for legitimate and reasonable purposes, and in a manner consistent with protecting their privacy. Organisations cannot collect, use or disclose personal data, including employee records, without the employee’s consent. However, if the processing of such data is reasonable for managing or terminating employee relationships or for evaluative purposes, companies may process the data without consent. Companies should also cease retention of personal data and employee records or anonymize it when it is no longer necessary for business or legal purposes.