雇佣法
雇佣法令（“此法令”）说明你作为雇员的权利与义务。
在此法令下，你是一名雇员，除非你是：
employed under a contract of service
any officer or employee of the Government included by the President as an employee
a ‘workman’, ie
if you engage a skilled or unskilled manual labour, including an artisan or apprentice
if you operate or maintain transport vehicles for hire or commercial use
if you engage in partly manual labour and partly in the supervision of a workman
a bus conductor
a lorry attendant
a bus, lorry and van driver
a bus inspector
a goldsmith and silversmith employed in the premises of an employer
a tailor and dressmaker employed in the premises of an employer
a harbour-craft crew
a workman employed on piece rates in the premises of the employer
- not a domestic servant, seaman, manager, executive or secretary.
Not all provisions in the Act apply to employees. If you are an employee earning more than $1,600.00 per month(excluding overtime, bonus, AWS and other allowances), the following provisions in the Act will not apply to you:
priority of salary claims over other debts;
Commissioner's power to inquire into amount due to employee; and
rest days, hours of work, holidays and other conditions of service.
note that for this part, subcontractors for labour are considered employees
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In such situations, you must refer to your contract of service. Since the provisions in the Employment Act set the minimum standard, the terms of your contract of service must be at least equal to or more favourable than the provisions in the Act, otherwise the terms that are less favourable will be illegal and invalid.
雇员的权利
你在法令下的一些权利是与你的“薪金”和“工作条件”有关的课题。
薪金
你每个月最少得获发一次薪金（不一定在各个月份的第一天），而且是在每月发薪日的不超过7天时间内。例如：如果你应在各个月份的15号获发薪金，你一定要在各个月份的22号或之前获发薪金。
你不能被强迫签署雇佣合约。你完成你的雇佣合约之后，你一定要获发你的所有薪金，你的雇主必须允许你离开你的工作岗位。
如果你的雇主终止你的雇佣合约，你应在雇用合约终止后的3天内获发薪金。如果你终止你的雇佣合约，你应在雇用合约终止后的7天内获发薪金。
你的雇主可因多个原因而扣除你的薪金，例如：
没有很好的理由即旷工；
偿还贷款；
所得税；
缴交中央公积金；
已经交托给你，但却因你得疏忽而不见或损坏的货物费用；及
如果你同意，作为住宿与餐饮之用。
可被扣除的薪金受到一定的限制，被扣除的总数不得超过你每月薪金的一半。
除了获得薪金，你也可以获得额外津贴，例如餐饮或住宿津贴，但这不包括酒精或药物。如果你的雇主为你提供住宿，那里必须有适当的水供、卫浴设施及急救设备可供使用。
你的雇主不能左右你使用薪金的方式，例如：如果他在你的工作地点设立食堂，他不能强迫你在那里购买你的餐饮。
所有薪金应以法定货币支付，并被支付到你的个人或联名户口，又或是将支票交给你。
如果你的雇主不遵守上述条例，他将触犯罪行并可被罚款高达$1,000或被监禁6个月。
工作条件
只有在你的每月收入少于$2,000的情况下，这七个要点才会被适用在你的身上。
a) 工作时间
一般上，你不会被要求一天工作超过8个小时（或一个星期44个小时）。不过，这项普通条例可以出现例外的情况。
你可以：
一天工作9个小时（但一个星期不超过44个小时），如果你同意在一天或多天工作少于8个小时，或一个星期工作5天（或更少）。
一个星期工作48小时（或两个星期88个小时），如果你同意每隔一个星期工作少于44个小时。
不限时间及在休息日工作，如果是发生了意外，或如果有关工作是社区生活、国防或保安所不可或缺的，或如果这是为了机械或工业装置或不可预见的运作中断所须进行的紧急工作。
You are required to work for a maximum of 12 hours in a day. However, you may be asked to work longer under the circumstances mentioned in (c) above.
如果你工作超过以上的工作时间，你就是在超时工作。
b) 超时工作
你一个月不可超时工作超过72小时。如果你超时工作，你应被付你时薪的1.5倍。超时工作的津贴必须在工资期最后一天的14天内获得支付。
计算超时工作津贴的方程式：
时薪 X 超时工作时数的1.5
计算时薪的方程式：
领取月薪的雇员：每月薪水 X 12 ÷ 52 X 44 小时
c) 休息日
你有权享有一个星期最少一天的休息日，但不一定是在星期日。你将在连续工作6个小时后获准拥有休息时刻。不过，如果你的工作属于需要持续进行的性质，那你在8个小时内一定要有45分钟的休息吃饭时间。
Any continuous period of 30 hours is considered a rest day.
d) 在休息日工作：可得的酬劳
除非你所从事的工作种类是属于需要持续轮班的，否则你不能被逼在休息日工作。
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工作时间 |
在你的要求下 |
在你的雇主要求下
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½天或更短
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你工作一天的基本薪金的½ |
你工作一天的基本薪金
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超过½天，少于一天的正常工作时间 |
你工作一天的基本薪金 |
你工作一天的基本薪金的两倍
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超过一天的正常工作时间 |
每个小时或部分获你时薪的1.5倍 （计算时薪的方程式请参照“超时工作”）
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2 days of pay at basic daily rate, plus 1.5 times your hourly basic rate for the
extra hour or part thereof. |
e) 轮班工人
作为轮班工人，你的工作时间与工作可能与其他的工人不同，此法令第38条文列出非轮班工人的标准工作时间（如“工作时间”及“超时工作”所提）。第40条文则列出对轮班工人的工作时间要求。
在此条文下：
你可被要求没有休息地连续工作超过6个小时，或一天超过8个小时（但不多于12个小时），或一个星期超过44个小时（但在3个星期的时间内每个星期平均不超过44个小时）。
如果你在3个星期的时间内每星期平均工作超过44个小时，你将可申请超时工作津贴。
你必须以书面的方式同意轮班工作。此法令的第39条文及第40条文必须被解释给你听，否则你签署的同意将不能成立。
f) Holidays and 年假
除了雇员有权各别在此法令第36条文、第88条文及第89条文下，所享有的休息日、假期及病假，如果你已为雇主工作不少于3个月，你应在为同一雇主继续工作的首12个月，获得支付7天的年假，并在往后继续为同一雇主工作的每12个月，获得支付额外一天的年假，唯此年假的顶限为14天。
因此，你可获得的年假决定于你为你的雇主工作了多久。如果你为相同的雇主连续工作了12个月，你就有权获得7天的年假。此后，你将每年获得额外一天的年假，直到达到14天的年假顶限。
在工作了3个月之后，你有权按比例获得你的年假。在按比例计算年假时，任何少于半天的部分将不会被计算在内，如果超过半天则将被计算为一天。
如果你旷工超过该月或该年上班天数的20%，你的雇主将可没收你的年假。
g) Sick Leave
After 6 months of work, you are entitled to 14 days of non-hospitalisation sick leave and 60 days of hospitalisation leave. If you are hospitalised for less than 46 days in any 1 year, your entitlement to paid sick leave shall not be more than a total of 14 days and the number of days you are hospitalised.
All sick leave must be certified by a medical officer or a doctor and you must inform your employer within 48 hours that you are on sick leave otherwise you will be deemed to be absent from work.
h) 裁员及退休福利
Your employer can retrench you if you are no longer needed or if there is a reorganisation of your employer's business. Your employer need not give any reasons and he cannot be stopped from employing new workers after a retrenchment exercise.
If your employment agreement promises to pay some money on retirements but not upon ending of your employment by reason of the employer ceasing to carry on business from whatever reason, or, by reason of the employer transferring the whole or part of his undertaking or property as the case may be (‘event’), the law will entitle you to the same amount of money upon that event happening. (Section 47(2))
If you have worked for less than 3 years with your employer, the Act says that you are not entitled to any retrenchment benefits at all. However, the Court of Appeal (the highest court in Singapore) has decided that the Act does not suggest that if you have worked for 3 years and more, your employer must pay you retrenchment benefits.
Retrenchment benefits are therefore payable only if your contract of service (or a collective agreement if you a union member) says so or if your employer decides to pay you ex-gratia (gratuitous) retrenchment benefits.
The Act says that if you have worked for less than 5 years with your employer, you are not entitled to any retirement benefits. The Act, however, does not say that if you have worked for at least 5 years with your employer, you are automatically entitled to retirement benefits. The amount of retirement benefits is not stated in the Act and must be negotiated between yourself (or your trade union) and your employer.
CPF savings are now generally considered to be retirement benefits.
Retrenchment -- What Are Your Rights?
Termination of Contract of Service
The period of notice for either you or your employer to terminate your contract of service should be stated in your contract. It should not be less than the following guidelines in the Act:
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Period of Employment
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Period of Notice
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less than 26 weeks |
not less than 1 day
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26 weeks but less than 2 years
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not less than 1 week
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2 years but less than 5 years
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not less than 2 weeks |
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5 years or more
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not less than 4 weeks |
Notice can be given at any time, but it must be dated and given in writing.
Either you or your employer can choose to waive your right to notice. Either party can also choose not to wait for the notice period to expire. In this case, the party who does not wish to wait for the expiry of the notice period must pay the other salary in lieu of notice.
Notice of termination need not be given if there has been a breach of the terms and conditions of the contract of service. For example, if your employer fails to pay your salary, or if you feed that you have been asked to do something which will involve danger, violence or disease which is not stated in the contract of service, you may leave your employment without giving notice. (It is advisable to seek advice from your lawyer or the Ministry of Manpower before doing this). On your part, your employer need not give you notice if you absent yourself from work for more than 2 days without prior leave or without reasonable excuse or attempting to inform your employer.
The employer can, instead of dismissing you, do the following:
If you think that your employer has acted wrongfully, you can complain to the Ministry of Manpower within 1 month of the dismissal.
Maternity Leave
Female employees are entitled to maternity leave 4 weeks before and 4 weeks after delivery of their child.
Alternatively, you and your employer may agree to a period of 12 weeks commencing not earlier than 28 days before the day of your confinement and at the latest, the day of delivery.
You and your employer can also agree to a period of 8 weeks starting, at the earliest, 28 days before the day of confinement and at the latest, by the day of confinement itself. Under this arrangement, you and your employer can agree to one or more further periods, in total amounting to a maximum of 24 days. These periods must be within 6 months after the date of confinement.
To be entitled to full pay during maternity leave, you must have worked for at least 180 days before delivery of the child.
You are only entitled to full pay during maternity leave for your first two children.
If you worked on any day during your benefit period before confinement, you are entitled to receive your gross rate of pay for that day, plus an amount equal to a day’s pay at the gross rate, or, alternatively, you are entitled to a day’s leave after your benefit period ends.
Note: a benefit period is the period where you are on maternity leave, but you are entitled to paid at your gross rate of pay.
You must inform your employer at least 1 week before you commence your maternity leave and also inform your employer of the date of delivery of your child as soon as possible. If you do not give the notice, you will only be entitled to half pay unless you have good reason for not giving the notice.
Maternity leave is your entitlement and it is illegal for your employer to ask you to give up your maternity leave.
During maternity leave, you are entitled to be paid your full salary as usual, but you are not allowed to claim for sick leave. Your employer is not entitled to terminate your service and neither are you allowed to give notice of termination using your maternity leave as the notice period.
If your employer gives you notice of dismissal for no good reason within a period of 3 months before your confinement, you are still entitled to your usual payment. If you feel that you have been dismissed without good reason, you should refer the matter to the Minister of Manpower within 2 months of your confinement date.
However, if you work in another job when you are supposed to be on maternity leave, you can be dismissed.
If your employer knowingly employs you at any time, in a period of 4 weeks after your confinement, he is guilty of an offence.
Bonus (AWS)
If your employer has agreed with you, before 28 August 1988, to pay you an Annual Wage Supplement (‘AWS’) of more than one month, that AWS shall continue to be payable until otherwise agreed.
With effect from 26 August 1988, your contract of service cannot provide for AWS of more than one month in one year.
Depending on your employer's profits, your performance and contribution, you may get an additional ‘variable payment’. This is usually recommended by the Minister through the National Wage Council or through negotiations with your employer.
Making a Complaint
If you have any disagreement with your employer about your salary, the terms of your contract or your rights under the Act, you can make a complaint to the Ministry of Manpower.
The fee for making a complaint is $3.00.
You must do so within 1 year of the incident that you are complaining about. If your complaint is about the termination of your contract, you must complain within 6 months of the termination.
If you think your employer will leave Singapore to avoid paying your salary, you can apply to the Commissioner to ask that your employer give a guarantee to remain in Singapore until the salary is paid.
The Commissioner will inform the party whom you are complaining against and summon him and any other interested party to attend an inquiry into the complaint. The Commissioner may hold a preliminary inquiry and parties are given a change to settle the matter at the preliminary inquiry. If a settlement is reached, the Commissioner shall make an order to record the terms of the settlement and the order shall be as effective as an order made after an inquiry.
At the inquiry, the Commissioner will hear evidence from all sides to the dispute and then make the necessary order. The order can be to dismiss the claim or to order a party to pay a sum of money to satisfy the claim. The Commissioner can make an order in the absence of one party if that party fails to attend the inquiry.
Any party not satisfied with the Commissioner's order can appeal to the High Court within 14 days of the decision.
Employment of Children and Young Persons
Children below the age of 14 years are not allowed to work in an industrial undertaking unless it is family business where only family members are employed.
An industrial undertaking includes mines, quarries, factories, shipyards, businesses and companies carrying out construction work, transport (including bus, ship, car, lorry) operators.
Children of 12 years and above may be employed in a non-industrial undertaking to do light work suited to their capacity. A certificate by a medical officer shall be conclusive of whether any work is suited to that particular child.
No young person (ie between 14 and 16 years) shall be employed in any industrial undertaking declared by the Minister to be one which cannot employ young persons.
Any employer who breaches any of the above commits an offence and can be jailed for up to 6 months and/or fined up to $1,000 for the first offence an up to two years and/or $2,000 for a subsequent offence.
Work approved and supervised by the Ministry of Education or the Institute of Technical Education, Singapore (‘ITE’) carried on any technical, vocational or industrial training school or institute and employment under any apprenticeship programme approved and supervised by the ITE are not subject to the above provisions.
Workmen's Compensation
If you, as an employee:
employed under a contract of service
any officer or employee of the Government included by the President as an employee
submit a claim for workmen’s compensation through the Ministry of Manpower; or
Claim damages under common law against your employer for breach of duty or negligence.
You can claim only one of the above.
Common Law Claim
You must show that your employer has failed to provide a safe system of work, or breached a duty required by law or that your employer’s negligence caused the injury. This may involve commencing legal proceedings, which may take up more time and expenses.
Damages under common law are however usually more than an award under Workmen’s Compensation. Common law damages include compensation for pain and suffering, loss of wages, medical expenses and any future loss of earnings.
Workmen's Compensation Claim
All you have to show is that the injury arose out of an in the course of employment. No negligence or breach of statutory duty on the part of your employer need be shown. The procedure is relatively simple and cheap.
Awards are however limited. Awards are based on the age of the injury suffered by him/her.
Under the Work Injury Compensation Act, you may claim work injury compensation
if you, as an employee:
If you meet with an accident while travelling in transportation operated by or for your employer, or in pursuance of arrangements made by your employer, this is considered to be in the course of employment and is potentially liable for compensation.
If you are hurt while within work premises, or while doing something to avert an emergency or to rescue or protect life or property, this is considered to be within the course of employment.
You cannot claim if your injury is due to you being under the influence of drugs or alcohol, or if the injury is self-inflicted or self-aggravated.
Occupational Disease
There is a scheduled list of diseases which if contracted by you as an employee, in your occupation, will entitle you to claim compensation. The diseases include deafness, asbestosis, industrial dermatitis.
You should consult the Ministry of Manpower or a lawyer for further information.
