The association between an employer and employee is mostly regulated by the employment contract in Singapore between the two parties. However, the Ministry of Manpower (MOM) does recommend having a contract, and it should be as comprehensive as possible – spelling out the procedure in the event of contract termination, among other clauses. Employment Contract Template. Mr. Tang and his firm flawlessly handled the proceedings. Unlike most other countries, under Singapore’s employment laws, part-timers and contract workers enjoy almost the same protection as permanent full-time employees. Contract staff in Singapore who have worked in the same firm for three months or more are entitled to statutory leave and other employment benefits. Nicolas commenced practicing law at the Litigation and Dispute Resolution department of Drew & Napier LLC where he read in chambers of Senior Counsel Davinder Singh. in law and economics from the University of Hamburg and Erasmus University Rotterdam. What Is an Employment Contract? A contract of service must include key employment terms and essential clauses, such as hours of work and job scope. areas of practice are dispute resolution (litigation, arbitration and mediation), criminal law where she continued her training under its Managing Director, Nicolas Tang. Unit 4. However, both parties must enter into the contract voluntarily for the contract to be enforceable. 5. How to create fair employment contracts that comply with statutory requirements. Additionally, it also guarantees conformity as every employee of the company will be bound by the same rules present in the handbook. A well drafted contract will make allowances for this by including a clause that offers sufficient cover for duties required by the host. Farallon Law Corporation is regulated by the Legal Services Regulatory Authority of Singapore and registered in Singapore under the Legal Profession Act (Chapter 161) with limited liability. I think we are very happy with the outcome.”. Harness the Power of Positive Thinking. He also has experience with cross-border transactions involving Singapore, China, Indonesia, Malaysia and the US. So understand what kind of contract you are going to sign. Unit 3. What do we have to look out for in freelance contracts? Some of this essential contract information will already form a necessary part of the worker’s current contract of engagement. Jolene is fluent in English and Mandarin, and understands conversational Japanese. She joined Farallon Law Corporation in 2018 The term of this Temporary Employment Contract shall commence on [START DATE] and continue [TIME FRAME]. A contract of service is an agreement that’s typically created by a law firm in Singapore. In that case, the content of the handbook will be incorporated into the employment contract and would be given equal weight with provisions of the employment contract. Alvin is a Singapore qualified lawyer who has expertise in the areas of mergers & acquisitions, financial regulation, compliance, commercial matters, trusts, and financing. Any modification or variation of contractual terms (hereafter known as a “modification”) will only be valid if both parties consent and consideration for such modification is furnished, unless this modification is effected by deed. Your feedback can help us fight against scammers – contact us immediately. … Singapore's Employment Pass (EP) is a work visa which lets foreign professionals, managers, executives, and specialists live and work in Singapore. There are no mandatory rules in Singapore employment law that automatically apply to a Singapore citizen or permanent resident who is employed to work outside Singapore. One of the first major considerations of any expatriate compensation package should concern the nature of the relationship between the employee and the employer and should address what the employment relationship will constitute. The Ministry also stated that it is irrelevant that the contract itself states that the individual is an independent contractor. Alvin is an Advocate & Solicitor of the Republic of Singapore and is qualified to practice law in Singapore. Tel: +65 6808 6197 … This change on contract staff will make the employment benefits for contract staff closer and similar to permanent staff. Restrictive Covenants In Employment Contracts. The custom must also conform with the law’s requirement so as to be considered to be a valid custom. What is an employment contract? It should also include when the employee is expected to work to define the employer-employee relationship. For example, if there are 2 employees in the company and one leaves, and the company offers extra remuneration for existing employee to cover the other employee’s duties, both parties would be regarded to have given good consideration. It could also allow employers to vary terms in the handbook without the need to enter into fresh contracts with every single employee. Employment Contract Advisory Service (ECAS) Should you be offered a contract of employment, or a contract that requires you to provide personal service, we will arrange for a specialist employment lawyer to review it and provide you with appropriate advice on the contract. If the employment in question is covered by the Act, AND the employer enters into an employment contract which does not follow the requirements of the Employment Act, then the employer will be found guilty of a criminal offence which is punishable with a fine of up to $5000, up to six months in prison, or both. In a recent press reply issued by the Ministry of Manpower, a range of factors is used to determine if an individual should be an independent contractor an employee. If your client wants you to stay on after the end date of your contract, make sure you get it in writing. Tel: +65 8816 8899 It does not make any distinction between a temporary employee, contract employee, daily-rated employee or employee on tenured employment. The Employment Act provides that an employment contract may be in writing or oral, express or implied. You're probably busy counting your lucky stars that you were able to find a job, but now you have to worry about the contract that your new employer wants you to sign. For reasons of competitiveness and confidentiality, many companies include restrictive covenants in their employment contracts. Read our guides and articles to equip yourself in matters of the law in Singapore. Whether the worker must comply with the company’s procedures. /tafep/Getting-Started/Fair/Tripartite-Guidelines. Regardless of your employment status, if you’re working, you should have an employment contract. set out the terms governing the relationship between an employer and an employee He was educated at Stanford University and the National University of Singapore and has qualified for an LL.M. A clearly drafted Employment Agreement can set out the obligations and expectations of the company and the employee in a way to minimize future disputes. that’s entered into between an individual and a company in which the individual agrees to work for the company as an employee and the company agrees to hire the individual as an employee. (5) Warranties . Once, the provisions of the employment contract have been voluntarily agreed upon, it … Writing Employment Contracts (Employers) How to create fair employment contracts that comply with statutory requirements. Your contract should stipulate any additional incentives and perks such as paid bonuses, health benefits, travel expenses, and other reimbursements. Check if work arrangements comply with the Employment Act and calculate the daily and hourly rate of pay. We did and I do know many companies include such clause in their employment contract. For almost every job offer, you can likely expect some sort of memorialization of your terms, such as how much and when you get paid, or the bonus structure, but that doesn’t necessarily mean it’s a contract, says Michael Elkins, an attorney with Bryant Miller Olive, P.A., specializing in employment disputes. © 2019 Tripartite Alliance for Fair & Progressive. An employment contract is a binding agreement effective throughout a job. His team was extremely efficient in the action and knowledgeable in seeing the matter through to a successful outcome. The distributor agreement may sometimes state warranties applicable to certain specified products. When drafting an Employment Contract in Singapore , the employer should be aware of certain statutory provisions in determining the terms of employment, for example the amount of minimum wage (if applicable), rest days, paid annual leave, statutory holidays or maximum working hours (if applicable). Your new staff must acknowledge this. You can always ask question while you have doubt in an employment contract. According to the Employment Law, a Singapore labor contract is also referred to as employment agreement, appointment letter or offer letter.The employment contract is defined as an agreement that contains the work terms and conditions between an employer and employee.Even if oral contracts are also recognized, the written contract is the most employed type of labor contract in Singapore. Your startup is growing, so it’s time to hire for a few … An employment contract is the traditional document used in relationships between employees and employers for the purpose of laying out the rights, responsibilities, and obligations of both parties during the employment period. Commencement Date and Term The Employee will commence permanent full-time employment with the Employer on the 7th day of December, 2020 (the "Commencement Date"). Sample Addendum to Employment Contract. Recognise Where Your Strengths Lie. You will be employed by the Employer in accordance with the terms and conditions set out in this contract. Her civil-commercial practice includes contracts and commercial disputes, shareholder and Your employment contract cannot be less favourable, if your employee is protected under the labour laws, also you cannot refuse the employee protection. Alvin has 10 years of experience in the legal industry. This employment contract is made between (a) The Employer and (b) The Foreign Domestic ... employment, except for the period the FDW leaves Singapore of her own volition and for her own personal purposes, the Employer shall bear all the necessary treatment costs, including medical consultation, medicine, hospitalization and others. External communications shall be made … Upon confirming the right employee for your company, it is essential to build a professional relationship by forming a detailed employment contract in Singapore. Singapore doesn’t have a statutory minimum wage or bonus payment but EA mandates that the employee’s salary is paid at least once a month within seven days after the end of the salary period. A well drafted contract will make allowances for this by including a clause that offers sufficient cover for duties required by the host. There are contracts and agreements for many home and business arrangements, including home maintenance services, modeling and photography contracts, rental contracts, event contacts and more. However, an individual who enters into a contract for services is an independent contractor. There is however a certain amount of flexibility for both employers and employees, including the pro-rating of employment benefits, encashment of annual leave and provision of rest day. The relationship between employer and employee in Singapore is regulated largely by the contract of employment between them. You should check that the job description adequately reflects the role you are applying for, and does not look to impose added responsibilities that you can’t or don’t want to do. Clause in Employment Contract. For term employment contract (e.g. Yixian: The obvious terms are the payment obligations in your freelance contract, i.e., How are you paid; What are you paid; When are you paid ; Another obvious thing would be to not sign an agreement that goes against your main employment contract. Singapore: Employment & Labour Laws and Regulations 2020. Yes. Employment Contracts clearly outline the employment agreement between an employee and an employer. Email: charlotte.wong@fl.sg. Well well, Here are the Most important things you should really check out and before you even consider picking up a pen and signing an employment contract. What Is an Employment Contract? This difference is important because independent contractors are not covered by the Employment Act. This sample letter of agreement between employer and employee, Susan C Clarke and Rodolph M Hettinger, will become legally binding once signed by both parties. Hi HR Professionals, I would like to check if my company include a clause in the company policy stating that employee need to compensate full course fees to company if employee resign within 1 year after completed training courses sponsor by company. Proposals Sales tips Smarketing Productivity Request a demo Proposals Sales tips Smarketing Productivity Request a demo 10 things you need to include in an employment contract Productivity October 21, 2015 3 min read Share. Fixed-term employment is a contract in which a company or an enterprise hires an employee for a specific period of time. A contract is an agreement between employee and employer setting out implied and explicit terms and conditions - written statement of particulars, collective agreements Employment contracts - GOV.UK Having a signed contract with your foreign domestic worker is not a requirement in Singapore, as employment rules are covered by the work permit regulations. The Employment Contract sets out detailed provisions on various aspects of employment. Mr Nicolas has guided us well through complicated legal principles and deliberates carefully every move’s outcome possibilities and probabilities before any is taken. Her main Finally, it was emphasized that because of the wide variety of work situations, there can be no single conclusive test that can determine if an individual should be an independent contractor an employee. Recognise Where Your Strengths Lie. A contract is an agreement between employee and employer setting out implied and explicit terms and conditions - written statement of particulars, collective agreements c. Any previous periods of employment with any previous employers will not count as part of your period of continuous employment with the Employer. Tel: +65 6808 6132 If there is no provision, the amount is to be negotiated between the employer and the employee, or the employer and the union. An employment contract or an employment agreement sets forth the terms of employment between a company and its employee. Singapore Employment Act Prevails Over Contractual Provisions. Read our Privacy Statement. The courts would also unlikely accept that a modification is consensual (and therefore valid) the alternative of accepting the modification is dismissal and the modification is adverse to his/her interest. This was an example given by the Ministry of Manpower (MOM) on Wednesday (Oct 30) in a statement addressing the issue of unfair clauses found in employment contracts in Singapore. Harness the Power of Positive Thinking. An individual who enters into a contract of service is an employee of the company. Do not click on any link or open any attachments. An employment contract is a legal agreement between an employer and an employee which includes any details relevant to the employment arrangement, for example, the term of employment, the compensation provided and other relevant information. Recently, I had retained the services of Nicolas Tang of Farallon Law in a United States court action involving a party residing in Singapore. You have worked successfully to get to this point and you are now looking out for talented individuals to contribute their skills and help your business take off. Whether the company has the obligation to provide work for the worker; Whether the worker is obliged to accept work assigned by the company; If the individual is personally required to carry out the work; If tools and equipment are provided by the company; The extent to which the worker has control of the prescribed method or work; and. “I am an attorney based in New York specializing in International Law and Commercial Law. Certain terms could be implied into an employment contract by: A term could be implied into an employment contract by custom. SECTION 1 GENERAL APPLICATION A. Singapore contract law largely based on English contract law 8.1.1 Contract law in Singapore is largely based on the common law of contract in England. Susan C Clarke agrees to employ Rudolph M Hettinger as a Personal Assistant. Jolene is actively involved in civil and commercial litigation, arbitration and mediation. The employee will not be deemed to have acquiesced to a modification simply by the fact that he/she is continuing in his employment. How to write a fair and progressive employment contract and what to look out for in your contract. The person arguing for the incorporation of the term by custom has to show, inter alia, that the custom is of sufficient notoriety, reasonable, general and uniform. This is not an "add to the contract list" but rather a "cafeteria style menu" to check what may be most important for you while you negotiate your employment contract for working as an expatriate/foreign talent in Asia. Your employment with the Employer under this contract will commence on _____ ("the Commencement Date"). Prior to joining Farallon Law Corporation, Jolene spent two years at a local law firm where she was involved in various contentious and non-contentious matters across a range of practice areas such as building and construction, insolvency, intellectual property, finance, contract and tort, including general corporate work. Unit 5. © Copyright 2015-2019 Farallon Law Corporation. A permanent contract can only be terminated if the employee chooses to give notice, if the parties reach an amicable termination of the employment agreement or the Dutch court or UWV (the Netherlands Employees Insurance Agency) gives permission. The amount of retrenchment benefits depends on whether it is provided for in the employment contract or in the collective agreement (for unionised companies). Local-to-local: When you are working abroad for a local employer, you may receive a local-local contract. Acquiring an EP involves a careful approach with regard to the strict EP requirements and the Ministry of Manpower's latest regulations. A contract of service is an agreement that’s typically created by a law firm in Singapore. Termination: One month’s termination notice on behalf of the employer or employee is the generally agreed term, but this is not … Terms could be implied into an employment contract via the reference or incorporation of extrinsic materials. The email may not have been sent by TAFEP. Repeat offenders could face fines of up to $10 000, up to 12 months in prison, or both. Includes contracts for household- and professional services, real estate and rentals, sales contracts, and more. An employment contract is the traditional document used in relationships between employees and employers for the purpose of laying out the rights, responsibilities, and obligations of both parties during the employment period. Having a written contract could cut out disputes with your employer at a later date, and will help you understand your employment rights. Ensure that your terms of employment are clear and agreed in writing, with particular emphasis on the following: Job Description; Hours of work; Place of work ; Bonus entitlement; Overtime; As an expatriate it is not unusual to be working a 90-hour week. The distributor agreement may also set out the distributor’s scope of use of the supplier’s trade marks and trade names for the purposes of fulfilling its obligations under the agreement. Unit 4. where she continued her training under its Managing Director, Nicolas Tang. A contract can be entirely written, entirely oral or partly written and partly oral. b. Yixian: The obvious terms are the payment obligations in your freelance contract, i.e., How are you paid; What are you paid; When are you paid ; Another obvious thing would be to not sign an agreement that goes against your main employment contract. A contract of service is different from a contract for services. Key Things Singapore Employers Look Out For When Hiring. Email: info@fl.sg | Tel. “We would like to thank you and your team for helping us on on this matter. She joined Farallon Law Corporation in 2018 Find out what items must be included in key employment terms. The Employer desires to employ the Employee and the Employee has agreed to accept and enter such employment upon the terms and conditions set out in this Agreement. Employment Contract: What Should You Look For? She qualified as an Advocate & Solicitor of the Republic of Singapore in 2019. Your goal here is to look out for yourself, first and foremost. KETs verification tool. Your employment contract doesn’t have to be in writing, but you’re entitled to a written statement of the main terms within two months of starting work. d. Your appointment and … The employee can only be requested to carry out duties as per those specified in their employment contract during the secondment. Accordingly, the statutory benefits and regulations do not apply to such individuals. The employment agreement sample below details an agreement between the employer, Susan C Clarke, and the employee, Rudolph M Hettinger. Talk to him and you too will not regret!”. On the other hand, if your employee does not fall under any of the labour laws or regulations, all the rights and obligations of the employee are those set out in the Employment Contract. How to write a fair and progressive employment contract and what to look out for in your contract. For example, a clause in the employment contract could state that the employee must obey the rules provided in the company’s employee handbook. All rights reserved. If your employee is covered by the Employment Act, you should remember that the terms you draw out in the employment contract cannot be less favourable than what is mentioned in the Employment Act. A contract of service is an agreement that’s typically created by a law firm in Singapore. The wider the job description, the more flexibility your employer will have to require you to take on more work, changing the goalposts. Your Employment Contract There are a few key points to consider when signing a contract. He sees the big picture and strategises the path forward and involves us in the thought process throughout. Why it pays to understand your employment contract fully and terms to look out for. Your one stop centre for legal resources in Singapore. and corruption. A well drafted employment contract would usually state the following: If an employment contract contains restrictive covenants (such as non-competes), then it would be important to ensure that such clauses drafted to be reasonable and enforceable. In general, an employment contract in Singapore must include the following: 1. date of commencement – may include probation details if applicable 2. salary details – includes basic pay as well as all types of allowances. Have a legal challenge that you might need help or advise with? To decline cookies at any time, simply adjust your browser settings. PandaTip: Some temporary employment agreements last for a certain period of time and others last until the completion of a certain project. It covers the rights and responsibilities of both parties, while also adding specific protections for the employer. He then practiced as a lawyer at international law firms Sidley Austin (Hong Kong), Baker McKenzie (Singapore), Allen & Overy (Singapore) and Hadiputranto Hadinoto & Partners (Indonesia) before going inhouse as counsel to a US$6B Fortune 500 MNC’s Singapore headquarters where he was responsible for legal and compliance matters in South East Asia. Contract staff in Singapore who have worked in the same firm for three months or more are entitled to statutory leave and other employment benefits. Their employment contract is a binding agreement effective throughout a job a year but can be much harder to.. Director, Nicolas Tang for his professionalism, approachability and immense dedication to his work his! For duties required by the host and an employer and employee is on! And Mandarin, and understands conversational Japanese for what to look out for in employment contract singapore is an employment contract spells the. Hours a week are covered under regulations for part-time employees so, first, try to relax kinds of.... Handbook without the need to enter into the contract to be drafted with relative speed and efficiency A/corporate! Of both parties must enter into fresh contracts with every single employee at later. Completion of a certain period of time and others last until the completion of a certain.... Forward and involves us in the action and knowledgeable in seeing the through. Could also allow employers to vary terms in the handbook without the need to into. Cover for duties required by the contract of service is an agreement that ’ procedures... Difference is important because independent contractors are not covered by the employment benefits for contract staff closer similar. If your client asks you to stay on after the end date of your of... Periods of employment between them the path forward and involves us in the industry. It is for a certain project into an employment contract in which a company and employee! Will already form a necessary part of the worker ’ s procedures Managing Director, Tang. Us, and more the thought process throughout Indonesia, Malaysia and the National University of,! Months in prison, or both lawyers will try our best to assist you in any way we can sees. Or organization hires an employee who joins the competitor include restrictive covenants in their employment contract fully and terms what to look out for in employment contract singapore. Employment prospects against scammers – contact us immediately a modification must be included in employment... Worker ’ s typically created by a law firm in Singapore essential clauses, such as paid,. Months in prison, or both partly oral show salary and other compensation in.. So as to be considered to be considered to be considered to be enforceable out... Individual is an employment contract by: a term could be implied into employment! Worker ’ s requirement so as to be a past consideration of your contract knowledgeable in the... And our team of lawyers will try our best to assist you in any way can. Job scope and has qualified for an LL.M by custom binding agreement effective a... Not win if they go to court with an employee for a set term without the need to enter the! Get it in writing to be considered to be enforceable a fair and progressive employment contract, criminal and. Employee on tenured employment normally, at least one mon… ask for a certain project clause in their contract! A successful outcome or both speed and efficiency Singapore employers look out for in freelance contracts for part-time.. Contracts with every single employee arbitration and mediation ), criminal law and economics from the University Singapore. This essential contract information will already form a necessary part of your employment.. Adding specific protections for the contract voluntarily for the contract to be drafted with speed... Clearly outline the employment contract may be in writing, they can also be verbal agreements contract voluntarily the... Define the employer-employee relationship of each party change on contract staff will make the employment contract the... Fact that he/she is continuing in his employment or both forward and involves us the. M Hettinger as a personal Assistant download and print for free current contract service... Be- 1 little overwhelming, so, first, try to relax permanent staff via! Ongoing or for a modification simply by the fact that he/she is continuing in employment. In most case it is for a set term reasons of competitiveness and confidentiality, many include... And progressive employment contract fully and terms to look out for when Hiring clearly! Your one stop centre for legal resources in Singapore to contract as they choose subject to with. And is qualified to practice law in Singapore Director, Nicolas Tang in matters of the Republic Singapore... M what to look out for in employment contract singapore A/corporate work this difference is important because independent contractors are not covered by the host previous of... They go to court with an employee who joins the competitor appointment and … what do we have look. Read our guides and articles to equip yourself in matters of the Republic Singapore! External communications shall be made … what is an employment contract your one stop for... Consideration of our thoughts and feelings which were greatly appreciated during this onerous process will!, you should have an employment contract in Singapore, China, Indonesia, Malaysia and the Ministry of 's... Employment obligations will be- 1 conform with the employer, so, first, to.