LTH413Contract Law for HR Practitioners (with emphasis on employment contracts and agreements)

COURSE SUMMARY

This training programme provides the legal fundamentals in understanding contract laws. As this program is meant for HR practitioners, the emphasis will be employment contracts and any other contracts or agreements which are incorporated by reference to the employment contract, i.e. HR policies and procedures, collective agreement, employee handbook, memorandum of understanding etc.

COURSE DETAILS

Course Fee SGD 900
Course Duration 2 Days
Course Timing 9:00am - 5:00pm
Course Venue 190 Clemenceau Avenue
SDF Approved Yes
Skills Future Credit Yes
Upcoming Courses 19-20 Aug 2019
9-10 Sep 2019
7-8 Oct 2019

In any business relationship, contracts typically govern your relationship with your customers, suppliers and employees. A lack of awareness of the fundaments of contractual knowledge can be a major risk to any organisation. All employees in their course of work would need to deal with contracts whether they like it or not. There is no exception for human resource practitioners as you will also need to possess the knowledge necessary to protect the employer’s interests to avoid litigations, which can be costly and time consuming. This is notwithstanding that understanding contract law can also assist your personal self development as surely in your private life, it can protect your interests, aid the negotiation process, avoid disputes in your commercial relationships. This training programme provides the legal fundamentals in understanding contract laws. As this program is meant for HR practitioners, the emphasis will be employment contracts and any other contracts or agreements which are incorporated by reference to the employment contract, i.e. HR policies and procedures, collective agreement, employee handbook, memorandum of understanding etc. Also, we will look into HR correspondences which may be laced with contractual or legal obligations by the employer, i.e. dismissal letter, loan to employees, employee insurance, employee benefits, training bonds and course sponsorship. At the end of this workshop, delegates can be assured that they will be more competent in their understanding of contract laws and its application.

Learning Objectives: • The legal requirements for the formation of a contract. • The significance of contract law on the employment relationship. • The terms and conditions in different types of contracts. • The importance of clarity and flexibility and the art of drafting terms of employment. • Variation of contract, and in particular to employment contracts and employee benefits. • Recognise what constitute a breach of contract and the remedies available. • Drafting the various types or forms of contracts/letters to employees. • Pitfalls to avoid in drafting an employment contract.

A competent HR practitioner must have the skills and knowledge in the following:

  1. Pre-contractual negotiations before deriving a contract. • Pre-contract correspondences/documentation such as understanding of acceptance of employment. • Communication in contract law (including modern forms) such as emails, sms, etc • Misrepresentation to job prospects.

  2. Essential elements of a contract • Offer, acceptance and invitation to treat. • Capacity to contract age, mentally sound, etc. • Intention to create legal relationships. • Privity of contract doctrine.

  3. Factors vitiating contract valid contracts • Misrepresentation • Mistake • Illegal and void contracts • Duress and undue influence • Illegal performance of lawful contracts

  4. Contents of the contract • Express vs Implied terms. • The difference between a term and a representation. • Warranties and conditions. • Prohibition/Restriction. • Variation of contract.

  5. Termination of contracts and remedies for breach of contracts • Discharge of contracts by performance, agreement, repudiation breach, and frustration. • Remedies for breach of contracts and identify types of breaches. • Termination of a contract – How and when. • Suspension letter • Summary dismissal letter. • Specific performance.

  6. Remedies for breach of contracts • Assessment of damages. • Obtaining injunctions. • Specific performance. • Liquidated damage. • Penalty clauses. • Quantum Merit.

  7. Drafting various types of employment contracts • For regular/open ended employment contract. • For dual/triple employment contract (differentiate between primary and sec. contract). • For fixed term employment contract (with and without termination clause) • For temporary, casual labour and part-time employment contracts. • For re-employment contract under the ambit of Retirement and Re-employment Act. • For independent contractor (contract for service and under direct/indirect engagement). • Application to common law employee versusa statutory employee.

  8. Drafting contracts which are incorporated by reference to an employment contract • Training bond/course sponsorship contract. • Collective Agreement. • HR policies and procedures. • Memorandum of understanding. • Employee handbook. • Announcement and notices to employees. • Stock option and Restricted Share Plan ( part of employee benefits ) contract. • Retention bonus scheme. • Employee benefits. • Loans to employees and with monthly deductions contract.

  9. Pitfalls to avoid in drafting an employment contract
    • Governing law/Jurisdiction and its application to SPR and foreigners. • Different categories of employees. • Unilateral variation by the employer. • Confidentiality clause. • Non-solicitation clause. • Restraint of trade clause.

Human Resource Practitioners.

Lecture and case study.

Arthur Khong

Arthur Khong

Arthur Khong is a highly sought after trainer for workshops in Singapore employment laws and industrial relations. Arthur has been an active workshop leader since 2007.

Arthur first embarked on his career in human resource management with Western Digital in 1993. To-date, he has held several senior Human Resource positions including: General Manager, Human Resources - Keppel Energy Pte Ltd Group Regional Vice President - Yeo Hiap Seng Ltd Director of Human Resource - Far East Organization, Hotel Group Director of Human Resource - Goodwood Park Hotel. Aurtur Khong left his last job with Keppel Energy in June 2013 to start the HR Law Academy where he conduct training and provide consultancy in Singapore employment laws and industrial relations legislation and practices.

In his 22 years’ career span in human resource management, Arthur has held regional human resource responsibilities for overseas subsidiaries in Malaysia, Hong Kong, China, Brazil and the USA. He is also experienced in industrial relations management as all the companies that he has worked for are unionised companies, some even with multiple unions. Prior to embarking on his human resource management career, Arthur was with the Singapore Police Force as a Senior Police Officer.

Arthur is an Adjunct Faculty with the Singapore University of Social Sciences (formerly known as SIM University). He started his lecture stint at SIM University in 2009. He lectures on the following modules:- Employment Laws and Legal Issues; Employment and Industrial Relations; and Human Resource Management.

Arthur is the author of the ‘Human Resource Practitioners’ Guide to Employment Laws (Fourth edition, 2017’, ‘Human Resource Practioners Guide to Industrial Relations (1st edition, 2015)’, and Human Resource Practitioners Guide in Drafting Employment Contract, and HR Policies and Procedures (1st edition, 2017). These guidebooks seek to outline the employment laws and industrial relations in Singapore in simple language to give HR Practitioners a better understanding of the rights and obligations of both the employer and the employee.

Arthur possesses the following academic qualifications:

  • Master of Management (HR Management) from Macquarie University
  • Graduate Diploma in Personnel Management from the Singapore Institute of Management
  • Bachelor of Arts (Economics) from the University of Manitoba
  • Bachelor of Laws (Honors) from the University of London
  • Diploma in Training and Development from Singapore Institute of Management
  • Graduate Certificate in International Arbitration from National University of Singapore.

Current Professional Affiliations:

  • Executive Council Member of Singapore Human Resource Institute
  • Non-Practitioner Member of the Law Society of Singapore Fellow Member of Singapore Institute of Arbitrators

Past Professional Affiliations:

  • Member of Industrial Relations Panel of Singapore National Employers Federation (SNEF)
  • Chairman of Industrial (Other Areas) Group of SNEF

View Other Courses by Arthur Khong