Singapore Labour Law and TAFEP
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Ministry of ManpowerEmployment Act
• Who is covered by the Employment Act
• The Employment Act covers every employee (regardless of
nationality) who is under a contract of service with an employer,
except:
• Any person employed in a managerial or executive position who
earns a basic monthly salary of more than $4,500;
• Any seafarer;
• Any domestic worker; and
• Any person employed by a Statutory Board or the Government.
See more at:
http://www.mom.gov.sg/employment-practices/employment-rightsconditions/employment-act/Pages/default.aspx#sthash.AZJFBRXT.dpuf
Ministry of ManpowerContract of Service
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Essential clauses of Contract of Service
A contract of service must include the following clauses:
Commencement of employment;
Appointment – job title and job scope;
Hours of work;
Probation period, if any;
Remuneration;
Employee's benefits (e.g. sick leave, annual leave,
maternity leave);
• Termination of contract – notice period; and
• Code of conduct (e.g. punctuality, no fighting at work).
Ministry of ManpowerLeave entitlement
An employee is entitled to Annual Leave if he or she satisfies all the following
conditions:
•He or she is covered under Part IV of the Employment Act (see above); and
•He or she has served the employer for at least three months.
An employee's annual leave entitlement under Part IV of the Employment Act is
as follows:
* An employee's year of service starts from the day he or she begins work with
the employer.
Year of service*
st
1
nd
2
rd
3
th
4
th
5
Days of leave
7
8
9
10
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11 (till max 14 days on the 8 year)
Ministry of ManpowerTermination of Contract with Notice
The party who intends to terminate the contract must give notice to the other party in
writing.
The notice period to be given depends on what is agreed in the written contract. If
there is no written contract, the notice period to be given depends on what the
parties have agreed upon verbally.
If there is no such period previously agreed upon, the following shall apply:
Length of Service
Notice Period
Less than 26 weeks
1 day
26 weeks to less than 2 years
1 week
2 years to less than 5 years
2 weeks
5 years and above
4 weeks
TAFEP- Tripartite Alliance of Fair &
Progressive Employment Practices
Why TAFEP?
• Singapore is a meritocratic society. It also has a diverse workforce in terms
of ethnicity, religion, age, and gender. Implementing fair and merit-based
employment practices is the right thing to do. - See more at:
http://www.tafep.sg/fair-employment-practices#sthash.jh6GkYTb.dpuf
What is TAFEP?
• Promotes the adoption of fair, responsible and progressive employment
practices among employers, employees and the general public. TAFEP is
inculcated throughout the hiring process covering;
– Job Advertisement
– Application Forms
– Shortlisting & Interviewing
• E-Learning Tool (http://www.tafep.sg/eLearning2/TAFFEPc02_course.html)
Source : TAFEP
Job Advertisement
• Tasks and Responsibilities
• Skills, abilities, experiences and qualifications
• Do NOT state preference for age, race, language, gender,
marital status and religion
• No grey area - should not give others the perception that
it is discriminatory in any way
• For Example: “Young and dynamic? “
IS IT NECESSARY? IS IT ACCEPTABLE?
Source : TAFEP
FCF - Fair Consideration Framework
• By Ministry of Manpower
• Sets out the expectations of what constitutes fair hiring
– Comply with TAFEP
• Before hiring an EP -> Consider Singaporeans fairly
• Jobsbank
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National jobsbank
Features : Job posting, resume search, and its free
Launched 1 August
New EP application : Ad in Jobsbank for at least 14 days
Does not apply for EP renewal and other work passes
Source : MOM
Jobsbank
• Exemptions
– Companies with 25 or fewer employees;
– Salary of S$12,000 and above
– Short-term assignees, 1 month or less
• Access to Jobsbank
– Singpass account
– Request for login from HR  FC to assign authority in IRAS
– Define Maker and Checker/Approver role in branch
– https://www.jobsbank.gov.sg/
Source : MOM
End
Jobsbank - FAQs
Can a firm advertise on other websites (instead of the jobs bank) or other
platforms (e.g. newspapers)?
Firms can continue to advertise job vacancies on other platforms and websites, to
extend their outreach to Singaporean job seekers.
But if an EP application is needed, firms must advertise on the new jobs bank
before submitting the application to MOM.
If a firm uses a recruitment agency, is an advertisement necessary and who
will be required to advertise on the jobs bank?
Yes. The recruitment agency may advertise on behalf of the firm on the jobs bank.
Source : MOM
Jobsbank - FAQs
Must the job in the EP application be the same as the job advertised on the
new jobs bank?
Yes
How will MOM know whether a firm has advertised on the jobs bank before
submitting an EP application?
The firm will be required to state the advertisement ID number
If the firm has not advertised on the new jobs bank because it did not
intend to hire foreigners, but subsequently decides to hire a foreigner
because it has not found a suitable Singaporean, must the firm advertise on
the new jobs bank before an EP application can be made ?
Yes
Source : MOM
Screen 1 : Login as Employer
Screen 2 :
Login via Singpass
Screen 4 :
Select and key in UEN
Screen 5:
Main Page
Only expiry date
Job ID
No of Applicants
Screen 6:
Create job posting
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Screen 7:
Input tabs