Singapore| Labour

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