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Singapore – Employment Quarterly Review 2014, Quarter 3.

20 November, 2014

 

Legal News & Analysis – Asia Pacific – Singapore – Labour & Employment

 

Looking Back:

 

19 June, 2014:

 

Director Charged For False Declaration Of Salaries

 
The Ministry of Manpower (‘MOM’) charged a director of a Singaporean company for making false declarations of salaries to the Controller of Work Passes in relation to 17 applications forms and 3 renewal applications forms for Employment Passes from 2012 to 2013. On this, one of the requirements which the MOM considers prior to approving an employment pass application is whether or not the minimum salary threshold is met. In this case, the director had allegedly declared that he was paying the foreign employee SGD 4,500, when the monthly basic salary of the foreign employee was in fact lower. According to the MOM, this is the third major case involving employers making false declarations for which the MOM has commenced prosecution. In 2 earlier cases, the employers concerned were fined between SGD 8,000 to SGD 56,000.

 

1 August:

 

Fair Consideration Framework – Advertising On The National Jobs Bank

 
From 1 August 2014, prior to making an application for an employment pass for a foreign employee, companies must first advertise the position on a new national jobs bank that is administered by the Workforce Development Agency (‘Jobs Bank’). The advertisement requirement is a component of the Fair Consideration Framework (‘FCF’), which is part of the Singapore Government’s effort to ensure that Singaporeans are considered fairly for job vacancies, and to ensure that employers put in place fair employment, hiring and staff development practices that are open, merit-based and non-discriminatory. In relation to the advertisement requirement, the Jobs Bank advertisement must be open to Singaporeans for at least 14 days before an employment pass application can be made by the company. The company must also ensure that the advertisement complies with the Tripartite Guidelines on Fair Employment Practices.

 

(Click here for further reference)

 

6 August:

 

Ministry Of Manpower Takes Action Against 174 Companies For Workplace Safety Violations

 
On 6 August 2014, the Ministry of Manpower (‘MOM’) announced that it has taken enforcement action against 174 companies for 353 workplace safety violations, which were uncovered during a month-long enforcement blitz earlier this year. The companies were issued with fines ranging SGD 1k to SGD 13k, Stop-Work Orders were issued to the occupiers of 4 worksites for severe lapses of Workplace Safety and Health. According to the MOM, this enforcement blitz focussed on compliance with the Workplace Safety and Health (Work at Height) Regulations 2013.

 

(Click here for further reference)
 

7 August:

 

Singapore Court Of Appeal Rules On Damages Payable In Cases Of Constructive Dismissal

 
In the case of Wee Kim San Bernard v Robinsons & Co (Singapore) Pte Ltd [2014] SGCA 43, the Singapore Court of Appeal held that in the absence of an independent breach of the implied term of mutual trust and confidence in employment relationships, an employee who had been unfairly dismissed is only due damages equivalent to the amount he would have been paid had the employer validly terminated his employment pursuant to the terms of the employment agreement. This ruling by the Court of Appeal seems to suggest that an employer’s maximum exposure in cases of unfair dismissal, including constructive dismissal, is limited only to the sums that the employee would have been due under the terms of his employment agreement. Nevertheless, it should be noted that this was an appeal against the decision by the High Court to strike out a claim of constructive dismissal on the ground that it was legally unsustainable, and the issues surrounding the claim of constructive dismissal was not explored in detail.

 

Rajah & Tann

 

For further information, please contact:

 

Kala Anandarajah, Partner, Rajah & Tann 

[email protected]

 

Rajah & Tann Labour & Employment Practice Profile in Singapore

 

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