Employment Lawyers
We provide legal expertise to employees and employers surrounding all matters of employment law in Singapore.
Experienced Employment Lawyers
Our team of dedicated employment lawyers provide comprehensive legal services in Singapore. With a deep understanding of Singapore's labor laws and regulations, we are committed to guiding and representing both employers and employees in a wide range of employment-related matters. Whether you are dealing with non-contentious issues such as employment contract drafting, or facing contentious challenges like wrongful termination, our team is here to assist you with expert legal counsel.
Our Expertise
Our experienced employment law team offers a wealth of knowledge and expertise in a variety of employment-related areas, including:
- Wrongful Termination: If you believe you have been unfairly terminated from your job, our lawyers can provide guidance on your rights and options for recourse.
- Employment Contract Drafting: We specialise in drafting employment contracts that are legally sound and customised to your specific needs, ensuring clarity and compliance with Singaporean labor laws.
- Statutory Obligations: Employers are bound by various statutory obligations, including maternity leave, working hours, and employee conditions. We offer comprehensive advice to employers to help them understand and meet their legal responsibilities.
- Retrenchment Matters: In times of organisational restructuring, we can assist both employers and employees in navigating the complexities of retrenchment, providing clarity and ensuring fair treatment.
- Employee Benefits: Our team can help employers design and implement employee benefits, incentive programs, and compensation schemes that are not only attractive but also legally compliant.
- Summary Dismissal: In cases where summary dismissal is necessary, our legal experts can guide employers in handling such situations appropriately and in accordance with the law.
- Breach of Employment Contracts: If you find yourself in a situation where an employment contract has been violated, we can offer comprehensive legal advice and representation to protect your rights.
- Workplace Harassment: We provide assistance to employees who are facing workplace harassment, ensuring their rights are protected and helping them seek redress.
- Salary Disputes: If you are experiencing disputes over your salary, our team can provide guidance and support to help resolve the matter effectively.
- Non-Disclosure Agreements and Restrictive Covenants: We have extensive experience in drafting, reviewing, and enforcing non-disclosure agreements and restrictive covenants to safeguard your business interests.
Why Choose Us
We are dedicated to providing efficient and effective solutions to your employment law matters. Our team of employment lawyers in Singapore are committed to helping our clients resolve their issues with the utmost professionalism and care. We believe in exploring all available options to resolve disputes amicably and without resorting to litigation, with the court process being the last resort.
If you have an employment issue in Singapore, do not hesitate to reach out to our skilled and experienced employment lawyers. We are ready to provide you with expert legal guidance, protect your rights, and help you navigate the complexities of employment law in Singapore. Contact us today to schedule a consultation and let us be your trusted partners in addressing your employment-related challenges.
Work with an award winning team
PKWA Law has been recognised in The Straits Times ranking of “Singapore’s Best Law Firms 2025” for the fifth consecutive year.
For the 8th consecutive year we were recognised by Doyles as a leading family law firm in Singapore.
For the 5th year in a row we have been named as a leading Family law firm in Benchmark Litigation 2024 awards.
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We've consistently received positive reviews from our clients on our service and results.
Why do clients choose us?
We have over 30 years of history, and more than 100 employees. We are an established family law firm you can count on.
Our fees are fixed and affordable from the outset so that you can have peace of mind from the get-go.
We have excellent reviews and testimonials from numerous clients across various independent platforms.
Our team are consistently recognized as leading lawyers by the Straits Times, and other leading publications.
We are trusted by leading corporations such as DBS, OCBC, UOB, Maybank, HSBC, Citibank, and CPF Board.
We usually offer a free first consultation so you can make an informed decision on whether to proceed.
Meet some of our employment team
Articles on Employment in Singapore
| Standard Term | Purpose |
| The Parties | To identify the names and contact details of the employer and employee subject to the contract. |
| Job Description | To outline the employee's job role and responsibilities. |
| Start Date | To state when the employment shall commence. |
| Duration | This highlights when the employment will end if it is a fixed-term contract. |
| Salary | To provide details of the employee's standard pay. |
| Benefits | To provide details of any additional benefits, such as bonuses and healthcare. |
| Working Hours | To make clear when the employee is expected to work. |
| Holidays | To set out the employee's holiday entitlement and process for requesting time off. |
| Sick Leave | To explain the employer's sick leave procedures and set out the employee's sick pay. |
| Maternity Leave | To set out paid leave for pregnant women. |
| Termination | To detail the procedure for either party ending the employment, including the notice period. |
Salary
Singapore has no minimum wage; instead, wages are guided by markets and demand. Therefore, an employee's remuneration depends on what the employer offers and how well the employee can negotiate a better salary. However, the EA states that an employee must be paid before the expiry of the 7th day after the last day of the salary period, which cannot exceed one month. The employer must pay the employee for any overtime within 14 days of the relevant salary period. Whilst the EA does not oblige employers to pay their employees bonuses, this is becoming common in Singapore. The employment contract should specify how bonuses are calculated and paid out.Working hours
The EA only regulates work hours for employees under Part 4 of the Act. Under this section, employees who work up to five days a week are allowed to work a maximum of 9 hours a day or 44 hours a week. If they work more than five days a week, they can work a maximum of 8 hours a day or 44 hours a week. Employees must also not work for any longer than six consecutive hours without a break. Employees not covered under this section will be provided with their hours in their employment contract. It is common for employees who do not fall within Part 4 to work from Monday to Friday, and for their standard hours to be from 9 am to around 6 pm.Holidays
Public holidays
Section 88 of the EA states: "Every employee is entitled to a paid holiday at his or her gross rate of pay on a public holiday that falls during the time that he or she is employed…". This provision includes all public holidays in Singapore from various cultures and religions. Employees are entitled to an additional day off or a day's salary if a public holiday falls on a non-working day. When the public holiday falls on an employee's rest day, the employer will treat the next working day as a paid holiday. Rest days only apply to the two types of workers highlighted above under Part 4 and are defined as one unpaid rest day per week, which must be Sunday, or any other day as may be determined by the employer. Alternatively, an employee may be required to work on a public holiday, in which case they can agree with their employer to substitute it with another day's holiday.Annual leave
Employees become eligible for annual leave once they have been employed by the same employer for at least three months. The entitlement increases the longer a person works at a company. Within their first year of employment, employees will have seven days of annual leave. The number of days will increase by one day for each year they work there, and the maximum entitlement under the EA is fourteen days. In practice, it is common for employees to be given more annual leave than is provided for under the EA, as the law only provides a minimum entitlement.Sick leave
To be eligible for sick leave and pay, an employee must:- Be covered by the EA;
- Have worked with the employer for at least three months; and
- Have informed or tried to inform their employer of their absence within 48 hours.
- Outpatient leave requires the employee to produce a certificate from a medical practitioner stating they are not fit to work.
- Hospitalisation leave covers any period during which an employee needs hospital care. It also includes bed rest and recovery periods following hospitalisation. To qualify, the employee must be admitted as an in-patient for day surgery, quarantined, or have a medical certificate.
Maternity leave
Women who have worked for the same employer for over three months are entitled to paid maternity leave. If the child is a Singaporean citizen born after 1 January 2017, a maximum of 16 weeks of paid leave will apply. If the child is not a Singapore citizen, the maximum entitlement is 12 weeks.Termination
Section 10 of the EA provides that either party to the contract may notify the other party at any time of their intention to terminate the employment. Section 10(3) provides the minimum notice periods depending on the length of employment:| Length of employment | Notice period |
| Less than 26 weeks | One day |
| Between 26 weeks and 2 years | One week |
| Between 2 and 5 years | Two weeks |
| Over 5 years | Four weeks |
Conclusion
Employment contracts will vary depending on the type of role and company. However, it is important that employers include the standard terms where appropriate and comply with the minimum legislative requirements. Employees who are unsure about the terms of their contract should avoid signing it until they have sought clarification. A specialist employment lawyer can assist with reviewing and advising on the terms and negotiate with the employer where necessary." ["post_title"]=> string(33) "Employment Contracts in Singapore" ["post_excerpt"]=> string(0) "" ["post_status"]=> string(7) "publish" ["comment_status"]=> string(4) "open" ["ping_status"]=> string(4) "open" ["post_password"]=> string(0) "" ["post_name"]=> string(20) "employment-contracts" ["to_ping"]=> string(0) "" ["pinged"]=> string(0) "" ["post_modified"]=> string(19) "2024-05-02 18:19:50" ["post_modified_gmt"]=> string(19) "2024-05-02 10:19:50" ["post_content_filtered"]=> string(0) "" ["post_parent"]=> int(0) ["guid"]=> string(45) "https://singaporefamilylawyers.com.sg/?p=3932" ["menu_order"]=> int(0) ["post_type"]=> string(4) "post" ["post_mime_type"]=> string(0) "" ["comment_count"]=> string(1) "0" ["filter"]=> string(3) "raw" } [1]=> object(WP_Post)#8800 (24) { ["ID"]=> int(3882) ["post_author"]=> string(1) "2" ["post_date"]=> string(19) "2024-04-13 18:26:22" ["post_date_gmt"]=> string(19) "2024-04-13 10:26:22" ["post_content"]=> string(9652) "In many employment contracts, an employee will be prevented from engaging in certain activities that compete with those carried out by their employer. This term is known as a non-compete clause and is designed to protect an employer’s business interests both during and after the duration of employment. One of the main issues with non-compete clauses is striking the appropriate balance between the protection of the business and an employee’s right to work. In Singapore, there is no statute governing the regulation of non-compete clauses. This means that every dispute brought before the court must be decided on a case-by-case basis, with reference to previous case law. The labour regulation bodies in Singapore are soon to release some much-needed guidance on using non-compete clauses. In the meantime, various factors need to be considered by any business or employee entering such a contract.What can non-compete clauses restrict?
It is standard for a non-compete clause to restrict how and where an employee does business during and after their employment. The scope of a non-compete clause depends upon the type of industry. A few examples of what can be restricted are as follows:- Working for a competing business
- Starting a competing business
- Soliciting clients from a former employer
- Soliciting colleagues from a former employer
- Working within a geographical area
Are non-compete clauses enforceable in Singapore?
In short, it depends. Due to the lack of a legislative framework, the enforceability of non-compete clauses is guided by the court’s decisions in previous cases. Over time, a two-part criterion has been established to assist the court in determining whether such clauses should be enforced, as follows:- Does the clause protect a legitimate proprietary interest of the employer?
- Is the scope of the non-compete clause reasonable?
Legitimate proprietary interest of the employer
This generally refers to an interest of the business that it would be reasonable to protect. The courts have stated three types of proprietary interests will be considered legitimate for the purposes of a non-compete clause. They are:- Trade secrets;
- Trade connections; and
- Maintaining a stable, trained workforce.
Reasonableness
The court will then consider whether the non-compete clause is reasonable, both in respect of the interests of the parties and those of the public. The law has been developed to avoid overly restrictive clauses, but whether it is reasonable will depend on the type of employment and industry. Regarding the employee’s interests, a person’s future employment may be significantly hindered if their non-compete clause prevents them from working within a wide geographical area for an indefinite duration. Conversely, a non-compete clause that only applies to a small geographical area and lasts, say, 12 months, is more likely to be reasonable. In terms of the interests of the public, overly restrictive non-compete clauses will impact freedom of trade and competition, which is a fundamental aspect of business, giving the public the ability to choose. The court will, therefore, want to avoid a situation where one business monopolises a particular industry. In assessing reasonableness, the court will look at several factors, including:- Whether the clause is specific to the employee; if so, it is more likely to be considered reasonable.
- What the employee is restricted from doing. A general restriction preventing an employee from working for any competitor in any geographical area is more likely to be unreasonable.
- Duration of the clause. It is more likely to be reasonable if the restriction only lasts for a set duration. A longer period will usually be reasonable for an employee who works at a more senior level.
- Geographical limitations. Depending on the type of business, it may be reasonable for an employee to be restricted from carrying out business in a specific country, region, or city. However, any geographical restraints must be necessary and justified and should not disproportionately impact competition.
Unenforceable non-compete clauses
If the court finds the two criterions above are not met, the non-compete clause will not be enforceable. A mechanism known as the “blue pencil test” will allow the court to strike out the unreasonable parts of the clause, meaning the rest of it can stay in force. This avoids the need for the entire clause or contract to be rewritten, which the court could not do in any event. Alternatively, if the entire non-compete clause is found to be unreasonable, it can be struck out, leaving the rest of the contract in force.Enforcing a non-compete clause
If an employee breaches a non-compete clause that is valid and reasonable, the employer may apply to the court for either of the following:- An injunction to prevent the employee from committing the breach; and/or
- Compensation for any financial loss suffered due to the breach.
Things for the employer to consider
A business that wants to include a non-compete clause in its contracts will want to avoid a situation where the clause is challenged or deemed unenforceable. Seeking the assistance of an employment lawyer to draft the employment contract will ensure the non-compete clause is drafted properly. However, there are also some general guidelines employers can follow:- Ensure any restrictions on the employee are reasonable. The employer should only restrict what is necessary to ensure the business’s legitimate interests are protected.
- Make the clause specific to the employee. Blanket restrictions that apply to all employees are unlikely to be enforceable, particularly considering the varying roles and responsibilities in different companies.
- Avoid ambiguity. A dispute or unenforceability is much less likely to arise if the clause clarifies which activities the employee is prevented from doing.
Things for the employee to consider
A future employee may be tempted to sign their non-compete agreement without fully understanding its implications. The law will seek to protect employees from unjustified restrictions, as we have seen above. However, they should still take the time to review the contract and obtain clarification on any elements they are unsure of. If presented with a non-compete clause, employees should consider doing the following:- Speak to an employment lawyer. They will be able to advise the employee on the terms of the agreement and whether it is reasonable and capable of enforcement.
- Speak to the employer. After reviewing the agreement and taking advice from a lawyer, the employee may be concerned that parts of the non-compete clause are overly restrictive. The employee is wholly entitled to negotiate these terms with the employer or, at the very least, seek clarification from them.
- Keep a note of any changes. The employment contract will be the final version, including any amendments, as signed by both parties. The employee should keep a copy of the contract and note any subsequent amendments, just in case of any dispute. It is also sensible to keep a record of any discussions had with the employer about the terms of the non-compete agreement, as these may need to be referred to if the matter ends up in court.
Conclusion on non-compete clauses in Singapore
Non-compete clauses are an effective mechanism for providing businesses with confidence when hiring employees at all levels of their business. It is reasonable for employees’ activities to be restricted to a degree so that standard business interests can be protected. However, non-compete clauses used as an attempt to disproportionately restrict trade and employment will not be recognised by the court and will be deemed unenforceable. It is expected that the guidance due to be released in the latter half of 2024 will shed further light on the effective use of such clauses, thereby providing further clarity on this complex area of the law." ["post_title"]=> string(32) "Non-Compete Clauses in Singapore" ["post_excerpt"]=> string(0) "" ["post_status"]=> string(7) "publish" ["comment_status"]=> string(4) "open" ["ping_status"]=> string(4) "open" ["post_password"]=> string(0) "" ["post_name"]=> string(29) "non-compete-clauses-singapore" ["to_ping"]=> string(0) "" ["pinged"]=> string(0) "" ["post_modified"]=> string(19) "2024-04-13 18:26:22" ["post_modified_gmt"]=> string(19) "2024-04-13 10:26:22" ["post_content_filtered"]=> string(0) "" ["post_parent"]=> int(0) ["guid"]=> string(45) "https://singaporefamilylawyers.com.sg/?p=3882" ["menu_order"]=> int(0) ["post_type"]=> string(4) "post" ["post_mime_type"]=> string(0) "" ["comment_count"]=> string(1) "0" ["filter"]=> string(3) "raw" } [2]=> object(WP_Post)#8796 (24) { ["ID"]=> int(3777) ["post_author"]=> string(1) "2" ["post_date"]=> string(19) "2024-03-03 18:49:17" ["post_date_gmt"]=> string(19) "2024-03-03 10:49:17" ["post_content"]=> string(10249) "Singapore has robust anti-harassment laws. Although sexual harassment is not specifically mentioned, the Protection from Harassment Act (POHA) 2014 includes any form of sexual harassment.
Sexual harassment in the workplace often involves power play between more senior and subordinate employees. It can take on many forms - from very subtle advances to blatant sexual harassment. Besides the protection in the POHA, there are specific responsibilities on employers under the Employment Act to provide a safe working environment for all employees. This article will discuss the Protection from Harassment Act, how sexual harassment is defined, and the different types under the Act. We’ll touch on the employer’s responsibilities, the criminal offence of sexual harassment, and possible penalties if convicted. Also, we’ll look at remedies available to victims of sexual harassment in the workplace, and the steps to take if you find yourself to a victim of sexual harassment in the workplace.What is sexual harassment?
The POHA stipulates that no individual may cause another person harassment, alarm, or distress by:- using any threatening, abusive or insulting words or behaviour; or
- making any threatening, abusive or insulting communication; or
- publishing any identity information of the target person or a related person of the target person.
- X and Y are coworkers. At the workplace, X loudly and graphically describes to coworker Z, their desire for a sexual relationship with Y in an insulting manner. X knows that Y is within earshot and intends to cause Y distress. Y is distressed. X is guilty of an offence under this section.
- X and Y were formerly in a relationship which has since ended. X writes a post on a social media platform making abusive and insulting remarks about Y’s alleged sexual promiscuity. In a subsequent post, X includes Y’s photographs and personal mobile number, intending to cause Y harassment by facilitating the identification or contacting of Y by others. Y did not see the posts but receives and is harassed by telephone calls and SMS messages from strangers (who have read the posts) propositioning Y for sex. X is guilty of an offence on each post.
- X and Y are classmates. X posts a vulgar tirade against Y on a website accessible to all their classmates. One of Y’s classmates shows the message on the website to Y, and Y is distressed. X is guilty of an offence under this section.
Threatening, abusive or insulting words - verbal harassment
Verbal harassment includes lewd comments, inappropriate suggestions or proposals of sexual favours, sexual jokes or any other sexually explicit utterance that is inappropriate, unwelcome, and causes the victim distress or alarm.Threatening, abusive or insulting behaviour - physical harassment
Physical, sexual harassment includes any deliberate inappropriate or unwelcome physical contact of a sexual nature. It could be hugging, touching, patting, kissing, sexual assault, or rape. It could also include stalking the victim. Sexual harassment can also amount to an outrage of modesty under the Penal Code.Threatening, abusive or insulting communication or publication
Digital harassment on social media platforms is becoming more common. It includes posting insulting and inappropriate sexual comments or remarks, photos, etc., on social media. It can also include notes, emails, and letters with inappropriate sexual content that is likely to cause distress or alarm.What are the employers’ responsibilities regarding sexual harassment in the workplace?
The POHA does not impose any direct duties on employers. However, employment laws impose a legal obligation on all employers to provide a safe working environment for employees. This duty includes taking reasonable steps to protect employees against sexual harassment at the workplace. The Tripartite Advisory on Managing Workplace Harassment sets out practical guidance for employers. To comply with their duties, employers should put anti-harassment policies and procedures in place for reporting and managing sexual harassment complaints.What is the offence of sexual harassment?
Regardless of where the harassment occurred, section 3 of the Act states that anyone who intentionally causes another harassment, alarm, or distress by using threatening, abusive or insulting words or behaviour or communication or publishes any identifying information of the target person is guilty of an offence. Section 4 of the Act makes behaviour or communication that is likely to cause the victim harassment, alarm, or distress an offence.What is the penalty for sexual harassment?
- A person convicted under section 3 (intentionally causing) can be punished with a maximum fine of S$5,000, or imprisonment up to 6 months, or both.
- A person convicted under section 4 (likely to cause) can be punished with a maximum fine of S$5,000.
Victim remedies for sexual harassment in the workplace
Although the perpetrator can be convicted of an offence and punished with a fine or even imprisonment, these penalties do not compensate the victim. However, the Act does provide civil action for compensation.Civil action for monetary compensation
Section 11 of the POHA states that any victim of sexual harassment under section 3 or 4 may bring civil proceedings against the perpetrator and claim monetary compensation. If the court is satisfied on a balance of probabilities that the perpetrator is guilty of a section 3 or 4 offence, the court can award damages to the victim to the extent the court thinks is just and equitable.Protection orders
Section 12 of the Act provides that victims of sexual harassment can apply for a protection order against the perpetrator. If the court is satisfied on a balance of probabilities that:- the perpetrator is guilty of a section 3 or 4 offence; and
- the perpetrator is likely to continue with the harassment.
- Prohibiting the perpetrator from continuing with the harassing behaviour.
- If the behaviour involves communication or publication, the perpetrator will be required to stop publishing the communication or any similar communication.
- The court may also refer the perpetrator to attend counselling or mediation. The court may also refer the victim to counselling.
What to do if you are sexually harassed at work?
As we can see, Singapore laws aim to protect employees from any form of harassment in the workplace. If you are the victim of sexual harassment, you should take immediate action to protect yourself and your rights.Approach your employer
If your employer has proper anti-harassment procedures in place, you can start by reporting the harassment to the reporting officer and following the employer’s grievance procedures. Your employer should then initiate a proper investigation and assist you with filing a police or magistrate’s report where appropriate.Approach the TAFEP
You can also report your case to the Tripartite Alliance for Fair and Progressive Employment Practices. This is often useful in cases where meeting the requirements for a criminal sanction under the Act or a civil lawsuit is difficult. The TAFEP will engage with you and your employer to deal with the current situation, and prevent further harassment.Approach the court
Victims can file a Magistrate’s Complaint. This can lead to either mediation in less severe cases, or criminal proceedings against the perpetrator. You can file for a protection order, as explained above. Breach of a protection order can lead to more penalties. For personal compensation, the victim can file a civil lawsuit.Seek legal advice
Often, sexual harassment follows a pattern, and dealing with it inside the workplace can be tricky. In some cases, the employer is the perpetrator, making it very difficult for the victim to take action. If you feel that you are being sexually harassed at your workplace, you should seek legal advice to understand your rights and decide on the appropriate remedy for your case. An experienced employment lawyer can explain the different options and differences between criminal remedies under the POHA, and civil remedies to claim monetary compensation or protection from further harassment. If you are facing a claim of sexual harassment against you, you need legal assistance as soon as possible. The penalties can be severe and costly, both on a professional and a personal level. An experienced lawyer can navigate the law and guide you towards the best outcome for your case." ["post_title"]=> string(34) "Sexual Harassment in the Workplace" ["post_excerpt"]=> string(0) "" ["post_status"]=> string(7) "publish" ["comment_status"]=> string(4) "open" ["ping_status"]=> string(4) "open" ["post_password"]=> string(0) "" ["post_name"]=> string(27) "sexual-harassment-workplace" ["to_ping"]=> string(0) "" ["pinged"]=> string(0) "" ["post_modified"]=> string(19) "2024-05-20 20:11:16" ["post_modified_gmt"]=> string(19) "2024-05-20 12:11:16" ["post_content_filtered"]=> string(0) "" ["post_parent"]=> int(0) ["guid"]=> string(45) "https://singaporefamilylawyers.com.sg/?p=3777" ["menu_order"]=> int(0) ["post_type"]=> string(4) "post" ["post_mime_type"]=> string(0) "" ["comment_count"]=> string(1) "0" ["filter"]=> string(3) "raw" } }Contact Us
Call Us:
+65 6854 5336
WhatsApp Us:
+65 9090 3158
Email Us:
enquiry@pkwalaw.com
Address:
480 Lorong 6 Toa Payoh
#16-01, East Wing, HBD Hub,
Singapore 310480
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