Singapore Update: Tripartite Guidelines on Flexible Work Arrangements Requests

The Tripartite Guidelines on Flexible Work Arrangement (FWA) Requests (“Guidelines“) that were issued by the Ministry of Manpower (“MOM“) on 16 April 2024. The Guidelines set minimum requirements that all employers are required to abide by in relation to formal requests for flexible work arrangements (“FWAs“) by employees.

These Guidelines replace the Tripartite Advisory on Flexible Work Arrangements issued in 2014 and the Tripartite Standard on Flexible Work Arrangements launched in 2017. The Guidelines will be mandatory and employers must abide by them when they come into force on 1 December 2024.

We set out some quick summary on what the Guidelines covers.

Scope of the Guidelines

The Guidelines will require all employers to have in place a process for all confirmed employees to make formal requests for FWAs from 1 December 2024, when the Guidelines come into effect. In cases where employers are recalcitrant and/or wilfully refuse to comply with the Guidelines, MOM may issue a warning and require them to attend corrective workshops.

FWAs are defined as work arrangements where employers and employees agree to a variation from the standard work arrangement. The guidelines further define three types of FWA (non-exhaustive):

“Flexi-place” arrangements where employees can work from locations outside the office. This includes telecommuting and working from home.

“Flexi-time” arrangements where employees can work at different timings with no changes to total work hours and workload. This includes staggered hours, flexible shifts and a compressed work schedule.

“Flexi-load” arrangements where employees can take on different workloads with commensurate remuneration adjustments. This includes job sharing and part-time work.

The Guidelines will only cover formal requests for FWAs which are made in accordance with the requirements set out in paragraphs 2.2 and 2.3 below.  

Formal FWA request process

Employers are required to have a process for employees to submit FWA requests, such as through the work portal or via an email to an employee’s supervisor. If the employer has stipulated certain requirements (e.g. format/template, required information) for making a formal FWA request, the employee should comply with such requirements. 

If the employer has no stipulated requirements or process for the employee to make a formal FWA request, the Guidelines provide that the FWA must be made in writing and include, amongst other requirements, the date if the request, the specifics of the FWA requested for, and the reason for the request. Employees who do not comply with the prescribed format will be deemed not to have made a formal request.

This seems like a small matter, and yet, can be the source of disputes if the processes are not properly implemented. Employers will want to avoid such disputes.

Considering a request

When ascertaining whether to grant a request, Employers must review and focus on factors related to the employee’s job and how the requested FWA may affect the business or the employee’s performance when assessing a request. Employers have the prerogative to reject employees’ FWA requests, but this should be based on reasonable business grounds and not personal bias against FWAs. Examples of reasonable grounds include a significant increase in costs, a detriment to productivity or output, or unfeasible/impractical due to the nature of the job.

Employers should not reject FWA requests for reasons not linked to business outcome. Unreasonable grounds for rejecting FWAs include management not believing in FWAs or a supervisor preferring to have direct sight of an employee in office so that he/she can see if the employee is working, even if the employee has consistent satisfactory work performance.

Whilst such reasons are clearly unacceptable, often the disputes lie in the grey as to whether a rejection was indeed unreasonable. Here is where potential allegations of discrimination, unfair treatment and even potentially harassment can be made.

All said, Employers are encouraged to discuss FWAs in an open and constructive manner and come to a mutual agreement on how best to meet both organizational and employees’ needs. Should there be any disagreement, the Guidelines encourage employers and employees to address them through internal grievance handling procedures as far as possible. In this regard, Employees whose employers do not adhere to the Guidelines can approach the Tripartite Alliance for Fair and Progressive Employment Practices (“TAFEP“) for assistance on formal FWA requests. Unionised employees can also seek advice and assistance from their unions on FWA requests.

Do note, what seems simple enough could become complex if not carefully managed.

Communicating the decision

Employers who receive a formal FWA request must give their written decision within two months from receiving the request. This means that any clarification and discussion on the request, and the approval or rejection of the request must be communicated to the employee within two months.

If a FWA request is rejected, employers must provide the reason in writing. Employers are also encouraged to discuss alternatives with the employee if the FWA request is rejected.

It goes without saying that Employers do need to ensure processes are put in place to manage this new formal requirement, failing which it leaves the door open for potential disputes.

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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