Understanding the Employment Act

Understanding the Employment Act: Who It Covers

The Employment Act is Singapore’s primary labor law, outlining basic terms and conditions of employment for employees covered by the Act. It ensures that workers are treated fairly and provides a legal framework for employment relationships.

Who is Covered by the Employment Act?

All employees working under a contract of service with an employer are generally covered by the Employment Act. This includes both local and foreign employees, who may be employed on a full-time, part-time, temporary, or contract basis. Payment structures for these employees can vary, including hourly, daily, monthly, or piece-rated wages.

However, certain categories of workers are not covered by the Employment Act. These exceptions include:

• Seafarers

• Domestic workers

• Statutory board employees or civil servants

For employees not covered by the Employment Act, their employment terms are dictated by their individual contracts. Part-time employees, working less than 35 hours a week, are specifically covered under the Employment of Part-Time Employees Regulations.

Part IV of the Employment Act

Part IV of the Act addresses rest days, hours of work, and other conditions of service, but it only applies to specific groups:

• Workmen earning a monthly basic salary of $4,500 or less.

• Non-workmen covered by the Act who earn a monthly basic salary of $2,600 or less.

Managers and executives are not covered under Part IV. These employees typically have executive and supervisory roles, which may include decision-making on recruitment, discipline, and performance assessment, formulating strategies and policies, and managing business operations. Professionals with tertiary education and specialized knowledge, such as advocates, solicitors, chartered accountants, practicing doctors, and dentists, are also considered managers or executives.

Who is a Workman?

A workman, as defined by the Employment Act, is generally someone whose job involves manual labor. This includes roles such as:

• Cleaners

• Construction workers

• Laborers

• Machine operators and assemblers

• Metal and machinery workers

• Drivers of trains, buses, lorries, and vans

• Inspectors of trains and buses

Additionally, workmen may supervise manual workers while performing manual work themselves for more than half of their working time. Specific jobs listed in the First Schedule of the Employment Act, such as those mentioned above, also qualify as workmen.

Conclusion

The Employment Act is essential in safeguarding the rights and ensuring fair treatment of employees in Singapore. While it broadly covers most workers, certain categories are exempt, and additional provisions apply to different types of employment. Understanding who is covered by the Act and the specific provisions under Part IV is crucial for both employers and employees to ensure compliance and fair employment practices.