The Employment Act serves as Singapore’s primary legislation governing labor practices. It delineates fundamental employment terms and working conditions applicable to various employee categories, albeit with certain exemptions. Familiarize yourself with the Act’s provisions and its coverage.

All individuals engaged in a contract of service with an employer fall under its purview, though there are exceptions. Notably, managers or executives are not covered by Part IV of the Act, which addresses rest days, working hours, and related service conditions.

Furthermore, foreign employees possessing a work pass are encompassed by the Employment of Foreign Manpower Act, which delineates an employer’s duties and liabilities concerning the employment of foreign nationals.

Who is or NOT covered by the Act

Covered:

• Employees under a contract of service with an employer, including both local and foreign employees.
• Employees working full-time, part-time, on a temporary basis, or under contract.
• Employees paid on an hourly, daily, monthly, or piece-rated basis.
• Part-time employees working less than 35 hours a week, governed by the Employment of Part-Time Employees Regulations.

Not covered:

• Seafarers.
• Domestic workers.
• Employees of statutory boards or civil servants.
• For those not covered by the Employment Act, their terms and conditions of employment are determined by their employment contract.

Who is or NOT covered under the Employment Act

Under Part IV of the Employment Act, the following individuals are covered:

• Workmen (those engaged in manual labor) earning a monthly basic salary of $4,500 or less.
• Employees who are not workmen but are covered by the Employment Act and earn a monthly basic salary of $2,600 or less.

Part IV of the Act does not extend to all managers or executives.

It’s important to note that the basic salary, for the purpose of determining coverage under Part IV, excludes overtime pay, bonuses, annual wage supplements, productivity incentive payments, reimbursement for special expenses, and all allowances.

Differences between managers, executives and workmen

Managers and Executives:

• Managers and executives typically hold positions with executive and supervisory responsibilities within an organization.
• Their roles may involve making critical decisions on various matters such as recruitment, discipline, termination of employment, performance assessment, and rewards.
• They are often involved in formulating strategies and policies for the enterprise and may be responsible for managing and overseeing business operations.
• Professionals with tertiary education and specialized knowledge or skills, whose employment terms resemble those of managers or executives, also fall under this category. For instance, advocates and solicitors, chartered accountants, practicing doctors, and dentists.

Workmen:

• Workmen generally engage in manual labor as the primary aspect of their work.
• This category encompasses individuals who perform manual tasks, including artisans and apprentices, excluding seafarers or domestic workers.
• It also includes those who operate or maintain commercial vehicles carrying passengers.
• Supervisors of manual workers who spend more than half of their working time performing manual tasks are also considered workmen.
• Workmen may hold positions specified in the First Schedule of the Employment Act, such as cleaners, construction workers, laborers, machine operators, metal and machinery workers, drivers (of trains, buses, lorries, and vans), train and bus inspectors, as well as workmen employed at piece rates at an employer’s premises.