Employment rules in Singapore have been revised and compliance is important.

The changes relate to: 

• Employers being required to report to MOM (Ministry of Manpower) when any 1 employee is retrenched.
• Social interactions at the workplace, and snap WFH arrangements to be taken if you have an employee testing positive for COVID-19.

Our comments, for your urgent attention.

Changes to Mandatory Retrenchment Notifications

1. Currently, employers must notify MOM when 5 or more employees are retrenched within any six-month period. From 1 November 2021, employers with at least 10 employees must notify MOM if any 1 employee is retrenched. Employers must file the notification within 5 working days after they provide notice of retrenchment to the affected employee.
2. This is a significant development, as it means that employers must notify MOM so long as employers retrench even 1 employee. This means that all the more, the retrenchment must be conducted properly and in accordance with the Tripartite Advisory on Managing Excess Manpower, as it is not inconceivable that MOM asks further questions. This advisory was updated more than once in 2020, hence please ensure familiarity with its requirements.
3. One somewhat still unclear point is exactly when does a retrenchment occur. There are nuances here, and careful planning and consideration is necessary.
4. If you need to talk the matter through, please let us know.

Changes to MOM Advisory on ‘Requirements for Safe Management Measures at the workplace’ (“Advisory”)

In light of the recent increase in COVID-19 community cases, the MOM has updated the Advisory as of 8 September 2021. We highlight as follows:

• Previously, social gatherings at the workplace was possible, subject to prevailing gathering size limits. With effect from 8 September 2021, no social gatherings at the workplace are allowed. Employees are to have their meal breaks at the workplace individually. This begs the question of whether they can leave the workplace and go out for lunch together.
• Currently, employees are allowed to return to the workplace, subject to a limit of 50% of employees who can WFH being at the workplace. With effect from 8 September 2021, this arrangement will be further subject to snap 14-day WFHs. This means that if any employee: (i) tests positive for COVID-19; and (ii) was at the workplace on any of the 7 days before the date of the positive test result, employers must implement a snap-14 day WFH on all employees who can WFH from the date of the positive test result. This must be implemented no later than 1 day after the positive test result. Employers are also required to immediately vacate and cordon-off the immediate section of the workplace where the confirmed case worked.

We highlight that employers must ensure that all employees are kept aware of the updates. Also, practically, we recommend that employers require employees to notify their supervisors immediately once they take a COVID-19 test, and immediately once they receive the results. This gives employers some lead time to react, which is critical as employers only have 1 day to implement the snap-14 day WFH if needed. We also remind that if any employee fails to comply, employers must ensure that proper due inquiry is carried out before meting out disciplinary measures. Otherwise, complications such as constructive dismissal can arise.

The above developments have immediate application to all employers. In short, if not already done, please inform your employees of the updates to the  Advisory, and review your processes to ensure you can meet the requirements on short notice. Please also ensure that any retrenchment that you carry out is notified from 1 November 2021, and that it is carried out properly. 

If you have any questions or require any assistance, please do not hesitate to get in touch with us.

By Kala Anandarajah, RAJAH & TANN LLP, Singapore, a Transatlantic Law International Affiliated Firm. 

For further information or for any assistance please contact singapore@transatlanticlaw.com

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