EPL Lec 1 PDF

#separator:tab #html:false Once a {{c1::collective bargaining agreement}} is reached and certified, the employer becomes bound by its terms, but only for {{c2::unionized employees}}. Employment contracts and the collective bargaining agreement become critical references for these employees. Recgoni...

#separator:tab #html:false Once a {{c1::collective bargaining agreement}} is reached and certified, the employer becomes bound by its terms, but only for {{c2::unionized employees}}. Employment contracts and the collective bargaining agreement become critical references for these employees. Recgonition under Industrial Relations Act: {{c1::A majority mandate}} through a {{c2::secret ballot}} is required if an employer does not recognize a trade union. A variation to the terms of the employment contract must be supported by {{c1::Consideration}} and an intention to create legal relations, or effected through {{c2::doctrine of promissory estoppel}}. Trade unions in Singapore are regulated by the {{c1::Trade Unions Act}}. {{c1::Implied terms}} in employment law include {{c2::confidentiality}}, {{c2::duty of care}}, and {{c2::duty of good faith and fidelity}}. Courts assess the enforceability of restraint of trade clauses in employment contracts based on {{c1::geographical scope}}, {{c2::time period}} of restraint, and {{c3::specificity}} of employee's role. Terms can be implied if they are {{c1::certain}}, {{c2::reasonable}}, but do not contradict {{c3::expressed terms}}. where an employer needs to amend the employment agreement, 1. Is there a {{c1::variation clause}} in the contract? 2. Even if there is a {{c1::variation clause}}, does it pertain to a {{c2::key employment clause}}? 3. Where there is {{c1::no variation clause}}, or where a {{c2::key employment clause}} is concerned, any variation must be {{c3::consensual}}, supported by consideration, evince an intention to create legal relations, or effected as a result of the operation of doctrine of promissory estoppel. When considering unilateral variations of employment terms, it is important to check for a {{c1::variation clause}}; major terms like {{c2::remuneration}} are often not covered. The tripartite system in industrial relations in Singapore involves {{c1::government}}, {{c1::employers}}, and {{c1::unions}} collaborating for decision-making. The enforceability of restraint of trade covenants depends on {{c1::reasonableness}} regarding {{c2::geographical scope}}, {{c2::time period}}, {{c2::specificity}} to role, and necessity to {{c2::protect business interests}}. The Work Injury Compensation Act enables employees to {{c1::claim compensation}} without having to resort to {{c2::a civil lawsuit}}. The Work Injury Compensation Act applies to all {{c1::employees}} except {{c2::independent contractors}}, {{c2::self-employed individuals}}, {{c2::domestic workers}}, and {{c2::uniformed personnel}}. Restrictive covenants are initially considered void as restraints of {{c1::trade}} because of their {{c2::restrictive nature}}, but may be enforced if protecting {{c3::a legitimate business interest}}. {{c1::Express terms}} in an employment contract are usually found in {{c2::offer letters}}, {{c2::appointment letters}}, {{c2::employment agreements}}, {{c2::employment handbooks}}, or {{c6::company policies}}. For an officer of a corporate entity to avoid guilt for an offense under the Workplace Health and Act, they must not {{c1::consent}} to the offense and must show {{c2::due diligence}} in preventing it, considering their functions and circumstances. {{c1::Express terms}} in an employment contract must meet {{c2::statutory requirements}} and comply with {{c2::relevant legislations}}. The {{c1::concept}} of {{c2::implied incorporation}} of company's policies involves including terms in employment contracts without them being {{c3::expressly stated}}. Express terms in {{c1::employment contracts}} are interpreted following {{c2::standard rules of contractual interpretation}}. Breaching the Workplace Safety and Health Act can lead to {{c1::criminal offenses}} with associated {{c2::penalties}}. Corporations and officers can be held accountable for lack of {{c3::due diligence}}. Employers must ensure {{c1::health}} and {{c2::safety}} of employees as outlined in the Workplace Safety and Health Act. Key duties of stakeholders under the Workplace Safety and Health Act go beyond the {{c1::employer-employee}} relationship. Different capacities have statutory, for example, statutory obligations owed to an employer, a principal, a contractor, an occupier, and so on. The purpose of the Work Injury Compensation Act is to allow employees to claim {{c1::work-related injuries}} or {{c2::diseases}} without suing in civil court. Retirement and Re-employment Act (RRA): Employers must offer re-employment to eligible employees The eligibility criteria for re-employment in Singapore include {{c1::citizenship}} (Singaporean or permanent resident), at least {{c2::two years}} with the current employer before age 63, {{c2::satisfactory work performance}}, and {{c2::medical fitness}}. If an employer cannot offer {{c1::re-employment}} to an eligible employee in Singapore, they must either transfer the obligation to another employer or provide a {{c2::one-off employment assistance payment}}. {{c1::Stakeholders}} mandated by the Workplace Safety and Health Act in Singapore include employers, principals, contractors, and occupiers who have duties to ensure a safe {{c2::work environment}} in Singapore. To be eligible for re-employment in Singapore, you need {{c1::Singapore citizenship}} or {{c2::permanent residency}}, a minimum of {{c2::two years}} of service before turning 63, satisfactory work performance, and {{c2::medical fitness}}. Employers in Singapore have a common law duty of care towards their {{c1::employees}}. The Retirement and Reemployment Act applies to {{c1::Singaporeans}} and {{c2::Singapore permanent residents.}} Employers often adhere to the retrenchment benefit recommendations, especially for {{c1::unionized employees}} who may have additional benefits outlined in {{c2::collective bargaining agreements}}. The recommended norms for retrenchment benefits typically range from {{c1::two weeks}} to {{c2::one month salary}} per year of service. Employers must notify the Ministry of Manpower within {{c1::five working days}} when retrenching an employee in Singapore. The current minimum retirement age in Singapore is {{c1::63 years}}. The minimum retirement age increases to {{c1::64 years}} starting from {{c2::1st July 2026}}. The Retirement and Reemployment Act protects older workers from {{c1::Dismissal based on age.}} Employees aged {{c1::63}} to {{c2::68}} can continue employment under specific eligibility criteria according to the Retirement and Reemployment Act. The advisory outlines norms ranging from {{c1::two weeks to one month}} salary per year of service based on company's financial status and industry are for {{c2::retrenchment benefits}}. Employees with less than {{c1::two years}} of continuous service are not entitled to {{c2::retrenchment benefits}} under Section 45 of the EA. Termination in Singapore can be done without {{c1::cause}}, either by {{c2::notice}} or with {{c2::pay in lieu of notice}}. An employer can dismiss an employee for {{c1::misconduct}} after conducting a {{c2::due inquiry}}. Employees have statutory entitlements to {{c1::maternity}}, {{c1::paternity}}, and {{c1::child care leaves}}. The Child Development Co-Savings Act applies if the child is {{c1::a Singapore citizen}} at birth. The advisory by tripartite partners in Singapore addresses managing {{c1::excess manpower}} and {{c2::responsible retrenchment}}. {{c1::Female employees}} are protected by Employment Act provisions regarding {{c2::maternity leaves}} and during {{c2::confinement}}. *Important* In Singapore, there is {{c1::no}} statutory entitlement to {{c2::severance pay}}. Employees are entitled to {{c1::paid holidays}} or {{c2::off in lieu}} based on statutory provisions of the Employment Act. Employers must provide {{c1::work}}, {{c1::pay salary with benefits}}, and {{c1::contribute CPF}} for Singaporean employees and Singapore permanent residents. {{c1::Foreign employees}} in Singapore are covered by {{c2::the Employment Act}} and {{c2::the Employment of Foreign Manpower Act of 1990.}} {{c1::Foreign employees}} need {{c2::work passes}} to work in Singapore, with different categories of work passes available. Employees in Singapore are entitled under the Employment Act to various leaves like {{c1::annual leave}}, {{c2::sick leave}}, and paid holidays during {{c2::public holidays}} or {{c2::off-in-lieu days}}. {{c1::Compliance}} with {{c2::record-keeping}} and {{c2::salary payment}} provisions is {{c4::essential}} to adhere to {{c3::employment regulations}}. Employers must provide employees with a written record of key {{c1::employment terms}} within 14 days from the {{c1::start of service}}. {{c1::Employees}} are protected under {{c2::relevant legislation and common law}} as defined by the Employment Act. Female employees have specific protections regarding {{c1::maternity leaves}} and during {{c1::confinement}} under Singapore law. The Employment Act defines an {{c1::employee}} as an individual under a {{c2::contract of service}} with an employer, including roles like {{c3::workmen and government officers}}. Having terms below the standards set by the Employment Act is {{c1::considered illegal}}. The {{c1::Employment Act}} governs {{c2::labor law in Singapore}} for individuals under a {{c2::contract of service}}. The {{c1::Tripartite Partners}} in Singapore consist of {{c2::Ministry of Manpower}}, {{c2::National Trades Union Congress}}, and {{c2::Singapore National Employers Federation}}. Non-compliance with advisories and guidelines from Tripartite Partners may lead to {{c1::administrative actions}} based on the severity of the breach, although they are {{c2::not legally binding}}. Statutory exceptions exist regarding the definition of an employee, where the specific term used for {{c1::engagement}} is not definitive. Whether the individual is an employee or an contractor depends on how the individual works with the organisation. {{c1::A de facto employment relationship}} can be led to despite attempts to engage individuals differently by the {{c2::actual working relationship with the organization}}. Part 4 of the Employment Act protects {{c1::Rest days}}, {{c1::hours of work}}, and {{c1::overtime pay}}. An {{c1::employee}} is an individual under a {{c2::contract of service}} with an employer, including workmen and government officers. {{c1::Foreign employees}} require {{c2::Work passes}} to work in Singapore. The categories of employment recognized under the Employment Act are {{c1::Full-time}}, {{c1::part-time}}, {{c1::temporary}}, or {{c1::contract basis}}. Employers can avoid employment incidences with individuals by {{c1::Engaging}} individuals as {{c2::independent contractors}} or {{c2::outsourcing functions}}. Part 4 of the Employment Act specifically applies to {{c1::Workmen}} earning not more than $4,500 a month and {{c2::non-workmen employees}} earning not more than $2,600 a month. Foreign employees in Singapore are regulated by laws like the {{c1::Employment Act}} and the {{c2::Employment of Foreign Manpower Act of 1990}}, in addition to other {{c3::regulations}}. Non-compliance with the Employment Act and other laws is a {{c1::criminal offense}}. Employers can offer terms {{c1::more favorable}} than the Employment Act but not {{c1::less favorable}}.