A Brief Introduction of Labour Laws and Regulations
Employment law in Singapore is govemed by both statute and case law. The primary legislation governing the terms and conditions of employment in Singapore is the Employment Act, Chapter 91 of Singapore CEA"). The EA applies to all employees (including part-time employees)except persons employed in a managerial or an executive position who receive a salary exceeding S$4, 500 a month, seafarers, domestic workers and public servants. The Employment of Foreign Manpower Act, Chapter 91A of Singapore regulates the employment of foreign manpower.including issues such as work passes
B Requirements of Employing Foreign Employeea Work Passes
passes are set out below
in S ()Employment Pass: The Employment Pass allows foreign professionals, managers and executives to workCMOM) expects older and more experienced applicants to command higher salaries to qualify. Candidates must also have acceptable qualifications (usually a good university degree, professional q ratifications or specialist skills).An employer that wishes to hire Employment Pass holders must also first advertise that position in the Singapore Workforce Development Agency's Jobs Bank. The job position in the advertisement must be open tomonthly salary of at least $$2.200. The Mevel skilled staff to work in Singapore. Candidates need to have a fued () Pass: The S Pass allows mid
expects older and more experienced applicants to command higher salaries to qualify. Candidates must also have a degree or diploma, although technical certificates may also be considered by the MOM. The applicant must also have had relevant work experience. Employers are subject to a quota and levy for S Pass employees (in) Work Permit for foreign worker: The Work Permit enables semi-skilled foreign workers from selected
their industry and have to pay a monthly levy for each worker
(v)Other work passes: Other work passes include the EntrePass (which allows foreigners to start and operate a business in Singapore), the Personalised Employment Pass (a more flexible work pass for high-eaming Employment Pass holders and overseas foreign professionals), and work permits for foreign domestic workers and
b Application Procedure
Applications for work passes may be made online together with the relevant documents and paym prescribed fees. An application may take one day for a Work Permit or seven days for an Employment Pass or an S Pass to process, or longer if more information is required
If the application is approved, an in-principal approval letter will be issued by the MOM This allows the employer to bring the candidate to Singapore to get the pass issued
c. Social Insurance
Singapore Citizens and Singapore Permanent Residents working in Singapore. The scope and benefts of the CPF include retirement savings, healthcare benefits, home ownership, family protection and asset enhancement. Under the scheme, these employees and employers are required to make monthly contributions to the employee's CPF account, calculated as a percentage of the employee's salary The Work Injury Compensation Act, Chapter 354 of Singapore(WICA) applies to any person who has tered into or works under a contract of service or of apprenticeship with an employer, with certain exceptions. The WICA requires all employers to insure their WICA employees against injury or the contraction of a deCK in the course of employment. It provides for the payment of compensation by an employer to any of its Wo employees injured in the course of their employment or to their dependants where death results from injury regardless of fault Compensation is payable in accordance with a specified scale under the WICA Employers are also required to buy medical insurance for Work Permit and S Pass holders
C Exit and Entry
a Visa Types
Citizens of many of the worid's countries may travel to Singapore without a visa. Foreigners holding travel documents issued by certain countries will require a visa to enter Singapore b Restrictions for Exit and Entry
All visitors to Singapore must have: ( Valid travel document (minimum validity of six months at the time of departure) ()Confirmed onward or return tickets (f applicable)
(/v) Sufficient funds to maintain themselves during their stay in Singapore ()Visa for entry into Singapore(if applicable); and (vi) Yellow fever vaccinations (if applicable) Visitors who depart from Singapore should ensure that their passport is valid for at least six monthsD Trade Union and Labour Organisations
a Collective Bargaining The Industrial Relations Act, Chapter 136 of Singapore(IRA), the Trade Unions Act, Chapter 333 of Singapore and the Trade Disputes Act, Chapter 331 (Trade Disputes Act")of Singapore provide the legal framework for collective bargaining by trade unions on behalf of their members. The IRA sets out specific procedures for the negotiation of collective agreements by trade unions, and the conciliation and arbitration of trade disputes arising from the collective bargaining process Where an employee is represented by a recognised trade union, the trade union will initiate the collective bargai ning process by serving a notice in the prescribed form on the employer to negotiate a collective agreement in relation to any industrial matter. If this process fails, the Commissioner for Labour will intervene to assist parties to reach an agreement by conciliation. If still no agreement is reached, the matter will usually be referred to the Industrial Arbitration Court (IAC")which will settle the dispute by making rulings or awards that are final and binding Some of the matters which are not negotiable under the process of collective bargaining are promotions. internal transfers(without prejudice to terms of employment), filling of appointment vacancies, termination of an employees services by reason of redundancy or reorganisation of the employers profession, business, trade or work, the dismissal and reinstatement of an employee by an employer in circumstances in which the employeecompatible with the terms of his employment.
An employee who considers himself dismissed without just cause or excuse can, within one month of the dismissal, through his trade union, make a representation to the MOM to be reinstated
ecognised trade unions may also represent executive employees both individually and collectivelyb. Industrial Action
A registered trade union shall not commence. promote, organise ny stoke or any form of industrialaction affecting the whole or any section of its members without obt consent, by secret ballot, of themajority of the members so affected. The Trade Disputes Act conta s on when industrial actions andWorkmen employed in water, gas and electricity services are absolutely prohibited from going on strike, whilehose employed in other essential services must give at least 14 days notice before going on strike Strikes are rare in Singapore and most industrial disputes are resolved by conciliation under the auspices ofthe IAC
E Labour Disputes
Any dispute arising out of the terms of a contract of service or any provisions of the EA between an employer and an EA employee can be referred to the Commissioner for Labour within certain time limits. The Commissioner can investigate any such dispute and order either party to pay any sum of money to satisfy the claim or dismiss the claim. A party who is dissatisfied with a decision or order of the Commissioner may appeal to the High Court A new Employment Claims Tribunal (ECT") is expected to be established in April 2017 to provide an additional avenue for the resolution of employment disputes, It will have jurisdiction to hear certain salary-related claims from employers and employees (including managers and executives with a monthly income of S$4, 500 or
more Apart from the above, employers and employees may also file employment claims with the civil courts