LTH418Employment (Part-Time Employees) Regulations and its Practical Applications

COURSE SUMMARY

As reported in the Straits Times, companies faced with manpower crunch are offering bonuses, medical benefits and even supermarket vouchers to attract and retain part workers. Also, as stated in the media, part-timers work less than 35 hours a week and are entitled to rest days, overtime pay and pro-rated leave. Question is can part-timers work overtime, hence, work more than 35 hours in a week?

COURSE DETAILS

Course Fee SGD 480
Course Duration 1 Day
Course Timing 9:00am - 5:00pm
Course Venue 190 Clemenceau Avenue
SDF Approved Yes
Skills Future Credit Yes
Upcoming Courses 10 Feb 2020
9 Mar 2020
6 Apr 2020

As reported in the Straits Times, companies faced with manpower crunch are offering bonuses, medical benefits and even supermarket vouchers to attract and retain part workers. Also, as stated in the media, part-timers work less than 35 hours a week and are entitled to rest days, overtime pay and pro-rated leave. Question is can part-timers work overtime, hence, work more than 35 hours in a week?

From the above, it is no doubt that employers need to engage part-timers to supplement full-time employees. This is inevitable as the government has announced that it will be tightening the local to foreign work permit quota. The question arises what are the governing statutory laws in the engagement of part-timers. Should the part-timer be engaged under a contract of service or contract for service? Also, what is the difference between engaging a part-timer and casual labour; and must they be under a regular or fixed employment contract.

What about engaging part-timers who are statutory employees (non-executive and Professionals, Managers and Executives)? What are the applicable laws, and how should the employment contract be drafted? Would the amendments to the Employment Act with effect on 1 April 2019 have any bearing on the different types of part-timers, i.e. non-executive and PMEs?

Failing to adhere to the Employment (Part-time Employees) Regulations and without proper administration can put an employer in a vulnerable position and subject to the risk of unlawful practices, lawsuits and litigations which may cause a great deal of stress, lowered productivity and higher turnover. The maximum composition amount that may be imposed for any offence under the Employment Act has also been increased from $1,000 to $5,000.

At the end of this workshop, delegates can be assured that they will be more competent in their understanding of the Part-time Employment and its practical applications. Employment (Part-Time Employees) Regulations and its Practical Applications (to be read with part 6A of Employment Act)

Learning Objectives:

  1. Know the differences between the different types of statutory law part-time employee, i.e. non-executive and PMEs.
  2. Know the terms and conditions of employment governing part-time employees.
  3. Comprehensive understanding of the Employment (Part-Time Employee) Regulations which are a must know for all HR practitioners in-charge of part-time and casual labours.
  4. Know the entitlement for part-time employees under the Child Development Co-Savings Act.
  5. Understand the cost impact of engaging part-time employees versus full time employees.
  6. Know the amendments to the Employment Act which took effect on 1 April 2019 and its applications on part-time employees.
  7. Know the application to day-to-day dealings at the workplace and in particular to HR policies and procedures, employment contracts, Collective Agreement etc.
  8. Case study on a flexible work arrangement involving part-time employees.

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

  1. Coverage of Employment (Part-time Employees) Regulations • Definition of the statutory employee, i.e. non-executive versus Professional, Managers and Executives • Definition of a part-time employee • Definition of casual labour • Definition of temporary, casual labour and fixed-term, on-loan employees and independent contractor • Definition of workman • Definition of employer • Contract of service versus contract for service • Course of employment • Continuous and non-continuous employment

  2. Contract of employment • Essential clauses in an part-time versus casual labour employment contract • Legal requirements of part-time and casual labour employment contract • Terms and conditions of part-time and casual labour employment contract • Conditions versus warranties

  3. Part-time work • Job-share-where a full- time job is divided into two-part jobs • Evening or week end work • Half day work versus full day work but with same working hours • Continuous of service versus non-continuous of service (length of service of employment)

  4. Termination of part-time employment contract • Contractual termination of a statutory part-time employee • Contractual termination of common law part-time employee • Differences between dismissal with notice and without notice • When is a contract deemed to be broken between employer and part-time employee? • Misconduct of statutory part-time employee versus common law part-time employee • Suspension and Inquiry to the dismissal of part-time employees • Misconduct, negligence and breach of company rules and regulations of part-time employees • Compensation/Reinstatement for wrongful and unfair dismissal

  5. Payment of Salary • Definition of salary, i.e. basic rate of pay and gross rate of pay • Time of payment • Payment on dismissal • Authorised deduction of salary • Recovery of advances and loans

  6. Terms and conditions for Part-time employment • Pro-ration of statutory and non-statutory benefits • What kind of leave can be encashed and encashment calculation • Statutory terms of employment • What is stipulated working hours • Work week/shift patterns • Definition of overtime/time-off • Rates of pay for overtime, off day, rest day, training and public holiday • Entitlement for public holidays for statutory and common law part-time employees • Rate of pay for a public holiday • A public holiday falling on a working day, rest day and off day for shift and non-shift work • Recognition of medical certificate from private versus government clinic doctors in and outside Singapore • Recognition of medical certificate for cosmetic purposed. • Dismissal while on hospitalisation leave • Eligibility of public holidays for General Election and Presidential Election • Public Holidays Act • Retrenchment and retirement benefits • Annual leave, no pay leave, etc • AWS, bonuses, commission and incentive schemes • Scope and coverage under the collective agreement, i.e. if the company is unionised.

  7. Maternity, Paternity and Childcare leave for Part-Time employees • Differences between entitlement under the Employment Act and Children Co-Savings Development Act • Coverage of employees • Payment for maternity leave, paternity leave and childcare leave • Differences between dismissal, termination and summary dismissal • Prohibition of dismissal during maternity leave • Expiry of fixed term contract while pregnant or during confinement

  8. Claims, Complaints and Offences • Time bar to complaints • Back payment for claims • Penalties for the offence of failure to pay salaries • Maximum composition amount for that may be imposed for any offence • The company commits an offence and presumption clause on Directors of companies

  9. Case study on flexible work arrangement • Types of work week arrangement for part-time employees • Impact on manpower headcount on part-time employees • Achievable headcount for part-time employees • The cost impact on part-time employees • Restructuring and variation of the employment contract to accommodate changes from full-time to part-time employment. • Salary and compensation equalisation to accommodate the change from full-time to part-time employment.

  10. Others • Definition of gross and basic pay • Fixed allowances versus flexible allowances • CPF contribution and personal taxation • Treatment of foreigner, Singapore Permanent Resident and Singapore citizen

Human Resource practitioner, business owners, line managers and executives who are in-charge of part-time employees and casual labours.

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

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