Labor Laws in Singapore are based on the national law. The leading labor regulation in Singapore is the Employment Act. Employment law does not vary from one state to another, as in federal law systems. The laws in Singapore apply to all areas of the country. The Ministry of Manpower is the government agency responsible for managing the application and enforcement of employment laws and standards.
1. Written Contracts
Employers have been required to provide written Key Employment Terms (KETs) for all employees who fall under the Employment Act since 1 April 2016. This applies to employees first hired from this date onwards and is to be provided within 14 days from their first day of work.
KETs provide clarity to the basic terms of the employment relationship. It is to include details such as the full names of the employer and employee, job title and main duties, start date, salary, job working hours and rest days, leave entitlements, and the notice period for termination.
2. Working Hours
The Employment Act sets out provisions for working hours to prevent overworking of employees. Under the Act, an employee is subject to the standard contractual working hours of no more than 8 hours per day or 44 hours per week if they are an employee for whom the Act applies.Â
An employee working 5 days a week or less can be made to work up to 9 hours a day, subject to the 44-hour weekly cap. Working beyond the standard working hours is overtime.
Hourly overtime payment is to be at least 1.5 times the employee’s hourly basic rate of pay. An employee is not allowed to work more than 72 hours of overtime in a calendar month.
3. Paid Leave
After 3 months of working for a company, an employee is entitled to paid annual leave. This leave is a minimum of 7 days for the first year and increases by 1 day for every year of work (maximum of 14 days after eight years of work). Many companies offer 14 days or more from the beginning to better attract and retain good employees.
4. Sick Leave
A person who is employed for three or more months is entitled to paid sick leave. They are entitled to 14 days of outpatient sick leave per year and up to 60 days of hospital leave, which includes the 14 days of outpatient leave. For instance, if a person takes 10 days of outpatient leave, they have 50 days of hospital leave remaining for the year. Employees who have worked six months or less are eligible for a reduced, pro-rated amount of sick leave.
5. Public Holidays
Employees are entitled to 11 paid public holidays annually. When a public holiday falls on an employee’s day of rest, the following work day will be a paid holiday. If an employee works on a public holiday, they must be granted an additional day’s pay or another day off.
6. Maternity Benefits
Singapore is one of the countries that offer great parental leave benefits to working families. Working mothers who are Singapore citizens and have a child are entitled to 16 weeks of paid maternity leave, provided they have been an employee of their company for at least three months prior to the day of birth. For the first 8 weeks, the employer pays for this leave (although it will later be reimbursed), while the last 8 weeks are covered by the government (up to a capped amount).
Eligible working fathers are also entitled to 2 weeks of Government-Paid Paternity Leave (GPPL).
7. Termination Rules
Termination of employment in Singapore is subject to the Employment Act and the contract of employment. The law sets out minimum notice periods if it is not provided in the contract-
- less than 26 weeks’ service- 1 day’s notice
- 26 weeks’ to less than 2 years’ service- 1 week’s notice
- 2 years’ to less than 5 years’ service- 2 weeks’ notice
- 5 years’ or more service- 4 weeks’ notice.
An employer can summarily dismiss an employee for grave misconduct, deliberate breach of contract, or gross misconduct. However, the employer must have documentary evidence and conduct an inquiry to allow the employee to state his case.
Employees who feel they were unfairly dismissed may make a claim to the Tripartite Alliance for Dispute Management (TADM) of the Ministry of Manpower, within one month of their last day of employment.
8. Employer Obligations
In Singapore, employers have legal responsibilities to fulfil beyond providing employees with their paychecks. An employer must contribute to the Central Provident Fund (CPF) of every Singapore Citizen and Permanent Resident employee. The employer contribution rate, which can be as high as 17%, is based on the employee’s monthly wages and applies to employees aged 55 and below. There are lower employer contribution rates for older employees. CPF is not mandatory for foreign employees on work passes.
Employers must also contribute to the Skills Development Levy (SDL) for every employee. The levy rate is 0.25% of the employee’s monthly wages. The minimum Skills Development Levy payment is S$2, with a maximum of S$11.25 each month. In addition, all employers who hire foreign employees on Work Permits or S Passes are required to pay a Foreign Worker Levy (FWL). The levy payable depends on the sector, type of pass, and the quota of foreign workers the company is allowed to hire.
Lastly, every employer is required to submit a report of their employees’ income to the Inland Revenue Authority of Singapore (IRAS) annually. This can be done by 1 March via the Auto-Inclusion Scheme (AIS) using the IR8A form, so that the employees’ income and tax records can be submitted to the tax authorities.