EPL 1 - Union

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Questions and Answers

What determines if an individual is classified as an employee or a contractor?

The title given to the worker in the contract

The specific duties assigned by the employer

The actual working relationship with the organization (correct)

The salary offered to the individual

Which of the following statements about the Employment Act is accurate?

It protects all independent contractors working in Singapore

It excludes temporary workers from its provisions

It specifically protects workmen earning not more than $4,500 a month (correct)

It applies to all employees regardless of their earnings

Which category of employees does NOT fall under the definitions in the Employment Act?

Foreign employees with valid work passes

Contract basis employees

Volunteers without compensation (correct)

Temporary employees

What must foreign employees in Singapore acquire to work legally?

Work passes Signup and view all the answers

Which of the following is true regarding employer obligations under the Employment Act?

Employers must comply with all regulations set forth in the Employment Act. Signup and view all the answers

What is required for an employer to recognize a trade union?

A majority mandate through a secret ballot Signup and view all the answers

Which of the following is NOT considered an implied term in employment law?

Duty to provide overtime pay Signup and view all the answers

What is necessary for a variation to the terms of an employment contract to be legally valid?

Consideration and intention to create legal relations Signup and view all the answers

Under what conditions can terms be implied in an employment contract?

They must be certain, reasonable, and not contradict expressed terms Signup and view all the answers

Which aspect does NOT affect the enforceability of restraint of trade clauses in employment contracts?

Number of employees affected Signup and view all the answers

Which of the following is true regarding unilateral variations of employment terms?

A variation clause should be checked for legitimacy Signup and view all the answers

In the tripartite system of industrial relations in Singapore, which parties are involved?

Government, employers, and unions Signup and view all the answers

Which of the following accurately describes the Work Injury Compensation Act?

It enables claims for compensation without a civil lawsuit Signup and view all the answers

Which of the following groups is covered by the Work Injury Compensation Act?

Employees Signup and view all the answers

What is considered a legitimate reason for enforcing restrictive covenants in employment?

To protect a legitimate business interest Signup and view all the answers

Which of the following is NOT an example of express terms found in an employment contract?

Oral agreements Signup and view all the answers

What must an officer demonstrate to avoid guilt under the Workplace Health and Safety Act?

Lack of consent to the offense and due diligence Signup and view all the answers

Under what condition can corporations be held accountable for offenses under Workplace Safety regulations?

For lack of due diligence Signup and view all the answers

What is the primary purpose of the Work Injury Compensation Act?

To allow for claims of work-related injuries without civil litigation Signup and view all the answers

What is a critical factor considered for eligibility under the Retirement and Re-employment Act?

Satisfactory performance and medical fitness Signup and view all the answers

Which of the following is NOT a type of statutory obligation defined in the context of workplace safety?

Obligations to shareholders Signup and view all the answers

How are implied terms incorporated into employment contracts?

Through implicit understanding of company policies Signup and view all the answers

What must an employer do if they cannot provide re-employment to an eligible employee in Singapore?

Transfer the obligation to another employer or provide a one-off employment assistance payment Signup and view all the answers

What is a possible consequence of breaching the Workplace Safety and Health Act?

Criminal offenses with penalties Signup and view all the answers

Which of the following groups are mandated stakeholders according to the Workplace Safety and Health Act in Singapore?

Employers, principals, contractors, and occupiers Signup and view all the answers

Which of the following is NOT a requirement for re-employment eligibility in Singapore?

Completion of a vocational training program Signup and view all the answers

What is the common law duty of care that employers in Singapore have towards?

Employees Signup and view all the answers

What is the minimum retirement age in Singapore currently?

63 years Signup and view all the answers

What happens to the minimum retirement age starting from 1st July 2026 in Singapore?

It increases to 64 years Signup and view all the answers

Under the Retirement and Reemployment Act, which employees are protected from dismissal based on age?

Employees aged 63 and above Signup and view all the answers

How long do employers in Singapore need to notify the Ministry of Manpower when retrenching an employee?

Within five working days Signup and view all the answers

What is the recommended range for retrenchment benefits per year of service?

Two weeks to one month salary Signup and view all the answers

Employees with less than two years of continuous service are entitled to retrenchment benefits according to which section of the EA?

Section 45 Signup and view all the answers

What is the status of statutory entitlement to severance pay in Singapore?

There is no statutory entitlement to severance pay. Signup and view all the answers

Which of the following statements about female employees in Singapore is true?

They are protected by provisions regarding maternity leaves and confinement. Signup and view all the answers

What must employers provide employees within 14 days of the start of service?

A written record of key employment terms. Signup and view all the answers

Which of the following is considered illegal under the Employment Act?

Having employment terms below the standards set by the Employment Act. Signup and view all the answers

Which tripartite partners are involved in labor regulations in Singapore?

Ministry of Manpower, National Trades Union Congress, Singapore National Employers Federation. Signup and view all the answers

What is a requirement for foreign employees to work in Singapore?

They need work passes. Signup and view all the answers

What does the Employment Act define as an 'employee'?

Individuals under a contract of service with an employer. Signup and view all the answers

What is essential for employers to adhere to employment regulations in Singapore?

Compliance with record-keeping and salary payment provisions. Signup and view all the answers

What type of leave are employees in Singapore entitled to under the Employment Act?

Various leaves including annual, sick, and leave during public holidays. Signup and view all the answers

What may result from non-compliance with advisories from tripartite partners?

Administrative actions based on the severity of the breach. Signup and view all the answers

Study Notes

Collective Bargaining Agreements

Once a collective bargaining agreement is reached and certified, the employer is bound by its terms, but only for unionized employees.
Employment contracts and the collective bargaining agreement are critical references for unionized employees.
A majority mandate (through a secret ballot) is required if an employer does not recognize a trade union.

Industrial Relations Act

A variation to the terms of an employment contract must be supported by consideration and an intention to create legal relations, or effected through the doctrine of promissory estoppel.

Trade Unions Act

Trade unions in Singapore are regulated by the Trade Unions Act.

Implied Terms in Employment Law

Implied terms in employment law include confidentiality, duty of care, and duty of good faith and fidelity.
Courts assess the enforceability of restraint of trade clauses based on geographical scope, time period of restraint, and specificity of employee's role.

Amending Employment Agreements

If an employer needs to amend the employment agreement, first ascertain if there is a variation clause.
Even with a variation clause, ensure it pertains to a key employment clause.
If no variation clause exists or a key employment clause is involved, variation must be consensual, supported by consideration, and show an intention to create legal relations or be effected through promissory estoppel.

Unilateral Variations of Employment Terms

When considering unilateral variations of employment terms, check for a variation clause.
Major terms like remuneration are often not covered in unilateral variations.

Tripartite System

The tripartite system in Singapore involves government, employers, and unions collaborating for decision-making.

Restraint of Trade Covenants

The enforceability of restraint of trade covenants depends on reasonableness, geographical scope, time period, specificity to role, and the necessity to protect business interests.

Work Injury Compensation Act

The Work Injury Compensation Act enables employees to claim compensation without resorting to a civil lawsuit.
The Act applies to all employees except independent contractors, self-employed individuals, domestic workers, and uniformed personnel.

Restrictive Covenants

Restrictive covenants are initially considered void as restraints of trade due to their restrictive nature, but may be enforced if protecting a legitimate business interest.

Express Terms in Employment Contracts

Express terms are usually found in offer letters, appointment letters, employment agreements, employment handbooks, or company policies.

Workplace Health and Safety Act

For an officer of a corporate entity to avoid guilt for an offense under the Workplace Health and Safety Act, they must not consent to the offense and must show due diligence.

Implied Incorporation

The concept of implied incorporation of company policies involves including terms in employment contracts without them being expressly stated.

Interpretation of Express Terms

Express terms in employment contracts are interpreted following standard rules of contractual interpretation.

Criminal Offenses

Non-compliance with the Employment Act and other laws can lead to criminal offenses

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Description

Test your knowledge on collective bargaining agreements, the Industrial Relations Act, and the Trade Unions Act as they apply to employee rights. Explore implied terms in employment law and understand the implications for unionized employees. This quiz covers essential concepts related to employment and trade unions.