Littler Global Guide - Singapore - Q2 2020

Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

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Advisory on Benefit Payable to Retrenched Employees Due to COVID-19

New Regulation or Official Guidance

Author: Benjamin Gaw, Director – Drew & Napier LLC

On May 20, 2020, the tripartite partners issued the “Advisory on retrenchment benefit payable to retrenched employees as a result of business difficulties due to COVID-19” to guide employers and employees on retrenchment benefits payable if retrenchment is inevitable. Broadly, the advisory provides that retrenchment should always be the last resort to manage manpower costs, and provides guidance on retrenchment benefits that employers should provide, depending on their financial position. Employers should support their retrenched employees by providing a lump sum retrenchment benefit between one and three months of salary, taking into consideration the JSS payouts that employers have received and their financial position. Further, employers are urged to be more generous towards lower wage employees, and to support their retrenched employees in seeking new employment.

Advisory on Salary and Leave Arrangements During and After Circuit Breaker

New Regulation or Official Guidance

Author: Benjamin Gaw, Director – Drew & Napier LLC

The Multi-Ministry Taskforce (Taskforce) announced an elevated set of safe distancing measures to preempt the increase of COVID-19 transmission. The measures - known as the “circuit breaker” and designed to heighten safe distancing measures, suspend activities at most workplaces, and reduce the movements and interactions of people - was put into place from April 7, 2020 to May 4, 2020 and then extended until June 1, 2020. Additionally, the tripartite partners, comprising of the Ministry of Manpower (MOM), the National Trades Union Congress and Singapore National Employers Federation have issued an advisory for employers and employees on salary and leave arrangements, which was last updated on 9 June 2020. The advisory provides a summary of the existing wage support schemes available, and recommended salary and leave arrangements. Local and foreign employees who continue to work fully must be paid their prevailing salaries, including the employers’ contributions to the Central Provident Fund (CPF). Employers who cannot resume operations in the first phase of re-opening should pay local employees a baseline monthly salary, including the employers’ contributions to CPF as recommended in the advisory.

Task Force Introduces Safe Working, Safe Living, and Safe Rest Days Measures

New Regulation or Official Guidance

Author: Benjamin Gaw, Director – Drew & Napier LLC

The Inter-agency Task Force (ITF) is preparing for the recovery of dormitories, and ensuring a safe and gradual resumption of business activities. Employers that are allowed to resume their operations must implement the Requirements for Safe Management Measures at the workplace issued by the tripartite partners on May 9, 2020. The requirements are meant for general workplace settings, and relate to workers, workplaces and persons who may become unwell at an employer's workplace. To prepare for the return of migrant workers who have since recovered from COVID-19 and will be returning to their dormitories, specific Blocks for Recovered Workers (BRWs) will be progressively cleaned out and disinfected. The MOM has also introduced new Work Pass Conditions under the Employment of Foreign Manpower Act on non-domestic Work Permit and S Pass Holders, and their employers. In respect of cleared blocks/dormitories which have been checked and approved by the MOM, workers will be allowed to return to work in three phases, under which certain requirements and restrictions would apply, including new practices and dormitory arrangements in relation to rest days will apply.

MOM Issues New License Conditions for Employment Agencies to Strengthen Fair Hiring

New Regulation or Official Guidance

Author: Benjamin Gaw, Director – Drew & Napier LLC

To strengthen fair hiring practices, MOM will impose new license conditions on all employment agencies (EA) when they undertake recruitment work. In addition to helping their clients fulfil job advertising requirements, EAs must also (a) brief their clients on the fair recruitment requirements in the Tripartite Guidelines on Fair Employment Practices; (b) make reasonable efforts to attract Singaporeans for vacancies that they are trying to fill; and (c) consider all candidates based on merit. EAs must not in any way abet discriminatory hiring by their clients, for example, by withholding applications because of age, race, nationality, gender and disability. EAs must also turn down requests or instructions from clients to carry out discriminatory hiring.

New Initiatives Providing Support for Local Jobseekers

Proposed Bill or Initiative

Author: Benjamin Gaw, Director – Drew & Napier LLC

The Singapore government announced new initiatives will be introduced under the SGUnited Jobs and Skills Package, which was launched on May 26, 2020 as part of the Fortitude Budget presented in Parliament on the same date, and which is intended to support close to 100,000 jobseekers and aims to expand job and traineeship opportunities in both the public and private sectors for jobseekers, and provide enhanced training support.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.