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?

<p>Work passes (B)</p> Signup and view all the answers

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

<p>Employers must comply with all regulations set forth in the Employment Act. (D)</p> Signup and view all the answers

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

<p>A majority mandate through a secret ballot (C)</p> Signup and view all the answers

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

<p>Duty to provide overtime pay (B)</p> Signup and view all the answers

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

<p>Consideration and intention to create legal relations (C)</p> Signup and view all the answers

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

<p>They must be certain, reasonable, and not contradict expressed terms (C)</p> Signup and view all the answers

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

<p>Number of employees affected (A)</p> Signup and view all the answers

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

<p>A variation clause should be checked for legitimacy (D)</p> Signup and view all the answers

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

<p>Government, employers, and unions (B)</p> Signup and view all the answers

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

<p>It enables claims for compensation without a civil lawsuit (C)</p> Signup and view all the answers

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

<p>Employees (C)</p> Signup and view all the answers

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

<p>To protect a legitimate business interest (D)</p> Signup and view all the answers

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

<p>Oral agreements (B)</p> Signup and view all the answers

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

<p>Lack of consent to the offense and due diligence (B)</p> Signup and view all the answers

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

<p>For lack of due diligence (A)</p> Signup and view all the answers

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

<p>To allow for claims of work-related injuries without civil litigation (C)</p> Signup and view all the answers

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

<p>Satisfactory performance and medical fitness (A)</p> Signup and view all the answers

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

<p>Obligations to shareholders (D)</p> Signup and view all the answers

How are implied terms incorporated into employment contracts?

<p>Through implicit understanding of company policies (C)</p> Signup and view all the answers

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

<p>Transfer the obligation to another employer or provide a one-off employment assistance payment (D)</p> Signup and view all the answers

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

<p>Criminal offenses with penalties (B)</p> Signup and view all the answers

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

<p>Employers, principals, contractors, and occupiers (D)</p> Signup and view all the answers

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

<p>Completion of a vocational training program (D)</p> Signup and view all the answers

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

<p>Employees (C)</p> Signup and view all the answers

What is the minimum retirement age in Singapore currently?

<p>63 years (B)</p> Signup and view all the answers

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

<p>It increases to 64 years (C)</p> Signup and view all the answers

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

<p>Employees aged 63 and above (C)</p> Signup and view all the answers

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

<p>Within five working days (D)</p> Signup and view all the answers

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

<p>Two weeks to one month salary (D)</p> 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?

<p>Section 45 (D)</p> Signup and view all the answers

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

<p>There is no statutory entitlement to severance pay. (D)</p> Signup and view all the answers

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

<p>They are protected by provisions regarding maternity leaves and confinement. (B)</p> Signup and view all the answers

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

<p>A written record of key employment terms. (C)</p> Signup and view all the answers

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

<p>Having employment terms below the standards set by the Employment Act. (A)</p> Signup and view all the answers

Which tripartite partners are involved in labor regulations in Singapore?

<p>Ministry of Manpower, National Trades Union Congress, Singapore National Employers Federation. (C)</p> Signup and view all the answers

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

<p>They need work passes. (B)</p> Signup and view all the answers

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

<p>Individuals under a contract of service with an employer. (C)</p> Signup and view all the answers

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

<p>Compliance with record-keeping and salary payment provisions. (C)</p> Signup and view all the answers

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

<p>Various leaves including annual, sick, and leave during public holidays. (D)</p> Signup and view all the answers

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

<p>Administrative actions based on the severity of the breach. (D)</p> Signup and view all the answers

Flashcards

Collective Bargaining Agreement

A legally binding agreement between employers and unions that sets employment terms for unionized employees.

Unionized Employees

Employees who are members of a trade union, whose terms of employment are governed by a collective bargaining agreement.

Majority Mandate

A majority of a group votes in favour of a union or similar action.

Secret Ballot

A way of voting where the voter's choice is kept confidential; used in union recognition votes.

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Consideration

Something of value promised or exchanged, important for agreements to be legally binding.

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Implied Terms

Terms in a contract that are not explicitly written but understood based on common law or custom.

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Variation Clause

A clause in an employment contract that allows for changes to the terms.

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Key Employment Clause

Essential terms of employment, such as salary, which need specific consent to change.

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Work Injury Compensation Act

Protects employees by allowing claims for work-related injuries or diseases without civil lawsuits.

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Who is not covered by Work Injury Compensation Act?

Independent contractors, self-employed individuals, domestic workers, and uniformed personnel.

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Restrictive covenants (in contracts)

Initially considered void, but enforceable if protecting a legitimate business interest.

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Express terms (in employment contract)

Clearly stated terms in employment contracts found in offer letters, appointment letters, etc.

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Officer's responsibility for corporate offenses

Officers must not consent to offenses and show due diligence to prevent them.

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Implied incorporation of company policies

Including terms in employment contracts without explicitly stating them, often from company policies.

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Workplace Safety and Health Act

Governs health and safety of employees, and holds corporations/officers accountable for due diligence

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Breaching Workplace Safety and Health Act

Legal action, leading to criminal charges, with consequences.

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Retirement and Re-employment Act (RRA) eligibility

Singaporean/Permanent resident, at least 2 years with the employer, good performance, and good medical health.

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Employer duties under Workplace Safety and Health Act

Ensuring the health and safety of employees as outlined by law.

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Employment Act

The law governing employment in Singapore, setting standards for employment terms, leaves, and protections for employees.

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Tripartite Partners

The three main organizations involved in labor relations in Singapore: Ministry of Manpower, National Trades Union Congress, and Singapore National Employers Federation.

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Foreign Employees

Non-Singaporean citizens working in Singapore, needing work passes and being covered by the Employment Act.

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Work Passes

Permits required by foreign employees to legally work in Singapore, categorized based on job type and qualifications.

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Maternity Leaves

Paid leaves granted to female employees for childbirth and confinement, as defined by the Employment Act.

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Severance Pay

Payment given to employees upon termination of their employment, not a statutory entitlement in Singapore.

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Record-Keeping

Maintaining accurate records of employee information like employment terms and salary payments, a legal requirement.

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Contract of Service

A legal agreement between an employer and an employee defining the terms of their employment relationship.

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Employee

An individual working under a contract of service with an employer, including roles like workmen and government officers.

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Compliance

Adhering to the rules and regulations set by the Employment Act, crucial for employers.

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De facto employment

A situation where someone is considered an employee even if there's no formal contract, based on how they work with the organization.

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Independent contractor

A person who works for a company but isn't considered an employee, with their own contract and often working independently.

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Employment terms

The conditions of work, like salary, hours, benefits, etc., agreed upon between an employee and employer.

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Re-employment in Singapore

Singapore employers must offer re-employment or a one-time payment to employees who qualify for mandatory re-employment before retirement.

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Eligibility for Re-employment

Singapore citizenship or permanent residency, 2+ years of service before turning 63, good work performance, and medical fitness are needed.

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Employer's duty of care (Singapore)

Employers have a responsibility to ensure a safe workplace for their employees.

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Retrenchment benefits in Singapore

The recommended norm is 2 weeks to 1 month of salary per year of service, depending on factors like the company's financial health and type of business.

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Minimum retirement age (Singapore)

Currently 63 years old, increasing to 64 starting July 1, 2026.

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Dismissal based on age

Dismissing an employee solely due to their age is illegal in Singapore.

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Retrenchment Notification

The employer must notify the Ministry of Manpower within 5 working days.

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Statutory entitlements (Singapore)

Employees are entitled to maternity, paternity, and child care leaves.

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Retrenchment eligibility

Employees with less than two years of continuous service aren't eligible for retrenchment benefits.

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Termination without cause (Singapore)

Termination can happen without a specific reason, either with notice or payment in lieu of notice.

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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.

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