Employment Legislation Quiz

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Questions and Answers

What is the correct duration an employee must serve with an employer to be exempted from certain provisions before turning 63?

2 years (correct)

4 years

3 years

1 year

What legislation is referenced for the reemployment exemption notification?

Retirement and Reemployment Exemption Notification 2011 (correct)

Employment Act 2010

Retirement Benefits Act 2009

Current Employment Practices 2012

If an employee is a Singapore citizen or a permanent resident, what is required if they meet the eligibility criteria but are not offered reappointment?

Retirement fund contribution

Annual compensation payment

Employment assistance payment (correct)

No compensation necessary

After what age does the reemployment obligation cease?

69 years Signup and view all the answers

What is the frequency of evaluating an employee's reemployment until they reach the maximum age?

Annually Signup and view all the answers

Which section of the exemption notification outlines the employee service duration for exemption?

Section 41 Signup and view all the answers

For how many years does the reemployment obligation apply after the employee turns 63?

5 years Signup and view all the answers

What must an employer do if they do not offer employment after an employee reaches 63 years of age?

Offer an employment assistance payment Signup and view all the answers

What does constructive dismissal imply in an employment context?

The employee is forced to resign due to the employer's actions. Signup and view all the answers

In the case of Chopping Hall, what was the outcome for the employee?

The employee was constructively dismissed and received damages. Signup and view all the answers

What must an employer do to terminate an executive according to the termination clause discussed?

Pay either the remaining salary of the contract or six months' salary, whichever is higher. Signup and view all the answers

In the termination clause, what determines the payment the employer must make?

The last drawn monthly salary of the employee. Signup and view all the answers

What is NOT a characteristic of the Chopping Hall case?

The employer provided an adequate notice period. Signup and view all the answers

What was a key ruling by the court in regard to the nature of the employee's resignation?

It was classified as constructive dismissal due to employer's actions. Signup and view all the answers

What does the term 'salary in lieu of notice' mean in the context of termination?

Payment made instead of providing notice to the employee. Signup and view all the answers

Which scenario describes a breach of an employment contract by the employer?

An employer fails to provide the agreed salary in a payment. Signup and view all the answers

What is meant by summary dismissal?

Termination without notice due to cause Signup and view all the answers

Which type of termination relies on a contractual provision?

Contractual termination Signup and view all the answers

In cases of willful breach, is a due inquiry always required?

No, it is not mandatory but recommended Signup and view all the answers

Who bears the burden of proof in cases of summary dismissal?

The employer Signup and view all the answers

What does wrongful termination generally refer to?

Termination without a lawful cause Signup and view all the answers

What is the general recommendation when relying on misconduct for termination?

Conduct a thorough inquiry Signup and view all the answers

Which of the following is NOT a reason for contractual termination?

An employee's refusal to adhere to new company policies Signup and view all the answers

What distinguishes summary dismissal from other forms of termination?

It requires proof of cause without notice Signup and view all the answers

When should the employer deal with issues related to an employee's return from maternity leave?

When the employee comes back from maternity leave Signup and view all the answers

What is the earliest time an employee could be lawfully terminated if the employment contract specifies a disciplinary process?

After the contractual disciplinary process has been completed Signup and view all the answers

Who is responsible for bringing claims under the Employment Claims Act?

Only the employee Signup and view all the answers

Which of the following statements best describes the contractual notice requirement?

It must be adhered to only if expressly stated in the employment contract Signup and view all the answers

What types of claims can be brought under the Employment Claims Act?

Claims for wrongful dismissal and salary-related claims Signup and view all the answers

What aspect of the minimum obligation rule regarding disciplinary proceedings is emphasized?

It can be altered by contractual disciplinary processes Signup and view all the answers

Can an employer recover paid salaries during an employee's maternity leave if misconduct is discovered?

No, recovery of paid salaries during maternity leave is not allowed Signup and view all the answers

Why might the minimum obligation rule not commonly apply?

Most employment contracts do not include these provisions Signup and view all the answers

What must an employee demonstrate to bring a claim under the Employment Act for wrongful dismissal?

They were dismissed without just cause or excuse Signup and view all the answers

What is noted about the new obligation rule in the context provided?

It is not necessary to learn due to its limited application Signup and view all the answers

What should an employer do if they find misconduct related to a pregnant employee?

Wait until the employee returns from maternity leave to terminate Signup and view all the answers

What does Section 14.Two limit regarding claims?

It restricts the quantum of CEPT claims to $20,000 Signup and view all the answers

In what situation can an employee be free to join a trade union?

At any time during their employment Signup and view all the answers

What is the primary purpose of the Employment Claims Act?

To provide a mechanism for employees to claim unpaid wages Signup and view all the answers

What procedural step is mentioned as part of contractual disciplinary processes?

Requirements for preliminary investigation and notification Signup and view all the answers

What implication does the contractual provision for disciplinary processes have on termination?

It establishes that regular procedures must be followed before any termination Signup and view all the answers

What primarily defines an executive employee's status?

The virtue of their position Signup and view all the answers

Which types of claims are heard by the Employment Claims Tribunal (ECT)?

Salary related matters Signup and view all the answers

What must parties do before submitting a claim to the ECT?

Go through mediation Signup and view all the answers

What is a mandatory requirement for filing a claim with the ECT?

Completion of a mediation process Signup and view all the answers

Which of the following is NOT a part of the jurisdiction of the ECT?

Statutory disputes Signup and view all the answers

What could be a consequence of the Employment Act clashing with a collective agreement?

It is uncommon for a clash to occur Signup and view all the answers

What categories of claims have specific quantum limits in the ECT?

Salary payments and union-assisted payments Signup and view all the answers

Which of the following best describes the ECT's scope of claims?

Limited jurisdiction with specific claim types Signup and view all the answers

Study Notes

Employment Law (Introduction)

Baker McKenzie Wong & Leow firm provides employment law services.
The agenda includes: overview of key legislations, classes and categories of employees, statutory rights and obligations, employment contracts (express, implied and variation of terms), and industrial relations.

Key Legislations

The Employment Act ("EA") is the main legislation governing labour law in Singapore.
It applies to workers under a contract of service (not a contract for service).
The EA sets a minimum standard for employment contracts.

Key Statutes/Regulations

Employment of Foreign Manpower Act 1990
Central Provident Fund Act 1953
Child Development Co-Savings Act 2001
Industrial Relations Act 1960
Retirement and Re-employment Act 1993
Work Injury Compensation Act 2019
Workplace Safety and Health Act 2006
Tripartite Advisories (guidelines)

Classes and Categories of Employees

"Employee" is defined by legislation, e.g. Employment Act s 2(1), and sometimes by common law.
Work Injury Compensation Act s 3(1) also defines employee.
The Act covers full-time, part-time, temporary, and contract employees.
Specific categories of employees (e.g., those earning less than $4500 or $2,600 a month) are addressed under the Employment Act Part IV.
Work Permit is a type of work pass issued by the Ministry of Manpower and Foreign Workers. Other Employment Passes (PEP, ONE Pass etc.) are other types of work passes for foreign workers.

Definition of Employee

"Employee" means a person who has entered into or works under a contract of service with an employer.
Covers other officers/employees of the government in certain circumstances. It excludes (a) seafarers, (b) domestic workers, and (c/d) specific categories of persons.

Statutory Rights and Obligations of Employees and Employers

No minimum wage. Employers can agree on salary duration (not exceeding one month). Pay must be issued before the 7th day after the pay period.
CPF (Central Provident Fund) contributions are mandatory for certain employees. Contribution amounts vary.
Compliance with employment act, rules, and regulations regarding compensation, benefits, and record keeping is essential for employees.

Types of Leave

Annual Leave: Minimum days of leave are usually determined by contracts, with more days accrued with length of service.
Sick Leave: 14 days (max) paid leave with provision for medical review for employees of 6+ months.
Maternity, Paternity, and Childcare Leave: Covered under both the Employment Act and the Child Development Co-Savings Act. Child must generally be Singaporean for CDCSA to apply.

Termination & Retrenchment/Redundancy

Termination: Notice periods follow contract agreements, minimum notice, or a salary paid in lieu. Termination can be issued for misconduct, upon inquiry.
Retrenchment/Redundancy: Employees with continuous services of less than two years are not entitled to benefits; tripartite advisory on managing excess manpower exists.
Employer must notify MOM within 5 working days of notification to the employee

Retirement & Re-Employment

Minimum retirement age is 63 (raised from 1 July 2022).
Employers are legally obligated to offer re-employment to suitable employees with certain eligibility criteria up to age 68.
A payment ("EAP") is required if no position is available.

Data Protection

Personal data protection is governed by the Personal Data Protection Act 2012.
Employers have obligations to protect personal data collected.
Consent is not required in certain circumstances.

Workplace Health & Safety

Employers are responsible for employee safety. Staff have a duty to engage in safety protocol with employers.
The Workplace Safety and Health Act and Work Injury Compensation Act address workplace injuries and diseases.

The Employment Contract: Express, Implied and Variation of Terms

Express Terms: Generally interpreted per contractual terms, but incorporation of other sources (e.g., company handbook) possible. Restrictive covenants (restraining employees from competing) are typically void unless in the public interest.
Implied Terms: Courts may imply terms if they are necessary for all contracts of that type. Often include obligations of confidence, care, and good faith. Custom or practice could also imply terms.
Variation of Terms: Handbook / rule changes may become terms of the contract; if no specific clause exists, variations have to be consensual and supported by consideration or estoppel.

Industrial Relations

Tripartite Partners: Ministry of Manpower, National Employers Federation (SNEF), National Trades Unions Congress (NTUC)
Trade Unions Act governs trade unions' activities. Unions represent employee interests for improving working conditions, promoting good relations and raising their economic and social status.
Collective Bargaining: Employees and employers negotiate contract terms collectively via unionization (in certain situations). Collective agreements are certified by the Industrial Arbitration Court; non-unionized employees' interests are only governed by the contract.

Maintenance of Relationship – Common Areas of Concern

Harassment, Bullying & Discrimination at Work: Workplace Safety and Health Act, Protection from Harassment Act, and Tripartite advisories related to managing workplace harassment and mental well-being in workplaces.
Performance Management & Misconduct: Proper performance management including proper documentation improves employee experience as well as reducing wrongful dismissal claims.

Cessation of Relationship

Termination of Employment – Grounds: Employees and employers can terminate at any time (usually with notice period). Grounds for termination can include conduct, in accordance with the contract.
Wrongful Termination & Remedies: If termination is not valid/wrongful, employees can claim reinstatement or compensation via the Employment Claims Act.

Other Important Information

There are details of common law cases, summaries of the law, upcoming legislations in Singapore.
Key parts of acts such as s2, s7 of the Central Provident Fund Act etc. are important parts to note.

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Description

Test your knowledge on employment duration requirements and legislation related to employee reemployment exemptions in Singapore. Explore the specific conditions and requirements for Singapore citizens and permanent residents. This quiz is essential for understanding local employment laws and their implications.