The Employment Act & Part IV

0:00 Preview

0:56 What is The Employment Act?

2:10 Who is protected under the Employment Act?

7:13 Part IV under the Employment Act

10:05 Managers & Executive

13:40 Conclusion

Are you not getting paid for overtime? That’s against the law! In this video, we dive deep into Singapore's Employment Act, focusing on Part IV which protects your rights when it comes to overtime pay, working hours, and more. If you've been working hard and not getting compensated fairly, this is the video you need to watch! Learn about your rights, how to protect yourself, and what to do if you're being exploited. Don't let your employer take advantage of you—understand the Employment Act and make sure you're getting what you deserve!

Overview of the Employment Act

The Employment Act is Singapore’s primary labor law, which sets the basic terms and conditions for employees working under a contract of service. The Act aims to ensure fair employment practices and provides a framework for employees’ rights and employers' responsibilities.

Who Is Covered by the Employment Act?

Employees who are under a contract of service with an employer are generally covered by the Employment Act. This includes both local and foreign employees working in Singapore. Employees can be engaged under different employment types, including:

• Full-time

• Part-time

• Temporary

• Contract

They can also be compensated based on various payment structures:

• Hourly

• Daily

• Monthly

• Piece-rated

However, the Act does not apply to certain categories of workers, such as:

• Seafarers

• Domestic workers

• Statutory board employees or civil servants

If you fall outside the scope of the Act, your employment terms will be governed by your specific employment contract.

Employees Working Fewer Than 35 Hours a Week

Employees working less than 35 hours a week are classified as part-time workers and are covered by the Employment of Part-Time Employees Regulations.

What Does the Act Cover?

The Employment Act covers various aspects of employment, including:

• Basic employment terms

• Working hours

• Rest days

• Overtime compensation (for eligible employees)

• Leave entitlements

However, there are some exceptions to these provisions, especially in terms of the scope of coverage under Part IV of the Act, which pertains to working hours and conditions of service.

Who Is Covered Under Part IV of the Employment Act?

Part IV covers rest days, working hours, and other conditions of service, but it applies only to certain categories of employees. Specifically, it includes:

• Workmen (manual laborers) earning a basic monthly salary of $4,500 or less.

• Employees who are not workmen but earn a basic salary of $2,600 or less per month.

• Managers and executives are excluded from Part IV’s provisions.

Basic Salary Definition

For clarity, "basic salary" excludes any payments for overtime, bonuses, annual wage supplements, productivity incentives, special expense reimbursements, and allowances.

Who Is a Manager or Executive?

A manager or executive typically holds a position with supervisory or executive functions. Their responsibilities may include:

• Making decisions about recruitment, discipline, and dismissal.

• Setting strategies and policies for the organization.

• Overseeing the overall operations of the business.

Professionals with higher education and specialized skills, whose terms of employment resemble those of managers or executives, also fall into this category. These can include:

• Lawyers

• Chartered accountants

• Doctors and dentists

Who Is a Workman?

A "workman" refers to employees primarily engaged in manual labor. This includes:

• Employees doing manual work (such as artisans and apprentices, excluding seafarers and domestic workers).

• Those who operate or maintain commercial vehicles transporting passengers.

• Employees supervising manual workers but spending more than half of their time doing manual tasks.

Specific roles listed in the First Schedule of the Employment Act are categorized as workman positions, including:

• Cleaners

• Construction workers

• Laborers

• Machine operators and assemblers

• Drivers of commercial vehicles like trains, buses, lorries, and vans

• Workers on a piece-rate basis at the employer's premises

Foreign Employees

Foreign workers holding a valid work pass are also protected by the Employment of Foreign Manpower Act, which outlines the responsibilities of employers hiring foreign workers.