Sample Clauses

Sample clauses covering some of the more important provisions, including terms of employment affected by recent legislative changes and provisions which have been found to be prone to error, are given below for reference. They relate to:

(1) REFEREE

Sample

In the event of any dispute or disputes between the parties hereto and arising out of the operation of this Agreement, such dispute or disputes shall be referred by either party to the President of the Industrial Arbitration Court who shall have the discretion to select a referee appointed in accordance with section 43 of the Industrial Relations Act to determine the dispute or disputes.

(2) HOURS OF WORK AND OVERTIME PAYMENT

Sample 1

The hours of work and overtime payment shall be regulated in accordance with the provisions of the Employment Act.

Sample 2
  1. An employee’s normal working hours shall not be more than eight hours in a day or 44 hours in a week.
  2. Work in excess of the normal working hours shall be paid at one and a half times the hourly basic rate of pay.

(3) PUBLIC HOLIDAY AND PAYMENT FOR WORK ON A PUBLIC HOLIDAY

Sample 1
  1. An employee shall be entitled to his gross rate of pay for a public holiday provided that he does not absent himself from work on the working day immediately before or after a holiday without the Company's consent or a reasonable excuse.
  2. An employee who works on a public holiday shall be paid an extra day's salary at the basic rate of pay in addition to his gross rate of pay for that holiday or shall be given another day off in substitution.
  3. Overtime performed on a public holiday, that is work in excess of the normal daily hours, shall be paid at 1.5 times the hourly basic rate of pay.
  4. If a public holiday falls on a rest day, the company shall grant the employee a day off on the working day immediately after the rest day or any other mutually-agreed day.
  5. If a public holiday falls on an off day, the company shall grant the employee another day off in substitution.
Sample 2
  1. Every employee shall be entitled to gazetted public holidays with pay in accordance with the provisions of the Employment Act.
  2. Any substitution of a public holiday for another day shall be by agreement between the company and the employee.
  3. If any of the days specified in the list of gazetted public holidays should fall on a rest day or off day, the working day following immediately thereafter shall be a paid holiday in substitution thereof.

(4) PAYMENT FOR WORK ON A REST DAY

Sample 1
  1. Payment for work on a rest day shall be calculated as follows:
    1. One day's salary when the employee works up to half the normal daily working hours;
    2. Two days’ salary when the employee works more than half but not more than the normal daily working hours.
  2. If an employee works beyond the normal daily working hours on a rest day, he shall be paid at least 1.5 times the hourly basic rate of pay for the period beyond the normal daily working hours.
Sample 2
  1. Every employee shall be entitled to one rest day per week.
  2. The weekly rest day for each employee who is engaged in shift work shall be determined in accordance with a duty roster which shall be drawn up by the company in accordance with the provisions of section 36 of the Employment Act.
  3. Payment for work on a rest day shall be one day's salary when the employee works up to half the normal daily working hours and two days’ salary when the employee works more than half but not beyond the normal daily working hours. If an employee works beyond the normal daily working hours on a rest day, he shall be paid at least 1.5 times the hourly basic rate of pay for the period beyond the normal daily working hours.

(5) SICK LEAVE

Sample 1
  1. Every employee who has at least three months of service with the Company shall be granted paid sick leave as follows:
    Completed months of Service Paid Outpatient Sick Leave (Working days) Paid Hospitalisation Leave (working days)
    3 months 5 15
    4 months 8 30
    5 months 11 45
    6 months & above 14 60
  2. The total number of days of sick leave is capped at the respective hospitalisation leave entitlements.
  3. The employee shall inform the company of his medical leave within 48 hours of the commencement of the leave otherwise his absence will be treated as unauthorised absence.
  4. An employee on outpatient sick leave shall not be paid shift allowance.
Sample 2

An employee who has completed three months of service shall be entitled to paid sick leave not exceeding -

  1. Fourteen days in each year if no hospitalisation is necessary; or
  2. Sixty days in each year if hospitalisation is necessary as may be certified by the Company doctor or a Government medical officer.

Provided that if the employee is hospitalised for less than forty-six days in any year, his entitlement to paid sick leave for that year shall not exceed the aggregate of fourteen days plus the number of days on which he is hospitalised.

(6) ANNUAL LEAVE

Sample 1
  1. Every employee who has served as least 3 continuous months of service with the Company shall be entitled to annual leave as follows:

    Year of service Days of leave
    1st 7
    2nd 8
    3rd 9
    4th 10
    5th 11
    6th 12
    7th 13
    8th and above 14
  2. An employee's annual leave entitlement can be forfeited if the employee:
    1. absents himself from work without permission or reasonable excuse for more than 20% of the working days in a month or year, as the case may be; or
    2. fails to take his leave within 12 months after the end of 12 months of continuous service in which his entitlement to leave accrues.
Sample 2
  1. Every employee shall be eligible for annual leave as follows:
    1st to 4th calendar year - 14 working days
    5th to 9th calendar year - 17 working days
    10th to 14th calendar year - 20 working days
    15th calendar year or more - 21 working days
  2. An employee who joins the Company in the course of a calendar year shall be granted pro-rated leave.
  3. An employee may carry forward his annual leave for the current year to the next year. Any employee who fails to take such leave at the end of that period shall no longer be entitled to the leave.

(7) MATERNITY LEAVE

Sample 1

Female employees shall be entitled to paid maternity leave in accordance with the Child Development Co-Savings Act or the Employment Act, as applicable.

Sample 2
  1. A female employee who has completed 3 months of service in the company shall be entitled to paid maternity leave of 16 weeks, subject to the conditions stipulated in the Child Development Co-Savings Act.
  2. A female employee who does not qualify for maternity leave under sub-clause (1) above but who has completed 90 days of service in the company shall be entitled to 8 weeks of maternity leave on full pay and another 4 weeks of maternity leave without pay, subject to the conditions stipulated in the Employment Act.
  3. The employee must apply for maternity leave at least one week before the proposed start date of such leave.

(8) SHARED PARENTAL LEAVE (Revised)

Sample 1

Male employees shall be entitled to shared parental leave in accordance with the Child Development Co-Savings Act.

Sample 2

A male employee shall be entitled to share 4 weeks of the 16 weeks of paid maternity leave of his wife, subject to the conditions of the Child Development Co-Savings Act. The leave shall be taken as a continuous block of 1 week. Where mutually agreed between the company and the employee, the leave may be taken flexibly within 12 months of the birth of the child.

(9) PATERNITY LEAVE (Revised)

Sample 1

Male employees shall be entitled to paid paternity leave in accordance with the Child Development Co-Savings Act.

Sample 2

A male employee who has served the company for at least 3 months and whose new-born child is a Singapore citizen shall be entitled to 2 weeks of paid paternity leave subject to the conditions in the Child Development Co-Savings Act. Paternity leave shall be taken within 16 weeks of the birth of the child. With mutual agreement between the company and employee, it may be taken flexibly within 12 months of the birth of the child.

(10) CHILDCARE LEAVE 

Sample 1

Every employee who has served the Company for at least 3 months shall be entitled to the prescribed number of days of paid childcare leave in a year in accordance with the relevant provisions in the Child Development Co-Savings Act or the Employment Act, as the case may be.

Sample 2
  1. Every employee who has served the Company for at least 3 months and who has a child below the age of seven (7) years shall be entitled to 6 days of paid childcare leave in a year in accordance with the Child Development Co-Savings Act or 2 days of paid childcare leave in a year in accordance with the Employment Act, as the case may be.
  2. An employee who has served the company for at least 3 months and whose child is a Singapore citizen aged between 7 to 12 years (inclusive) shall be entitled to 2 days of paid child care leave per year, subject to the conditions in the Child Development Co-Savings Act.
  3. For employees who qualify for leave under both sub-clause (1) and (2), the total paid child care leave for each parent is a maximum of 6 days per year.

(11) RETIREMENT AND RE-EMPLOYMENT (Revised)

Sample 1
  1. In accordance with the Retirement and Re-Employment Act, the Company shall provide re-employment to retiring staff subject to the following:
    1. Staff must have at least satisfactory work performance; and
    2. Staff must be medically fit to continue working.
  2. The Company in consultation with the Union shall provide pre-retirement planning and re-employment counselling for retiring staff at least six months in advance. An employee who is eligible for re-employment with the Company shall be offered re-employment in one of the following job arrangements:
    1. Re-employed in the same job; or
    2. Re-employed with modifications to the existing job or re-deployed to a different job; or
    3. Re-employed on flexible work arrangements, such as part-time or job-sharing.
  3. The terms of the re-employment contract shall encompass the following based on offer and acceptance:
    1. Salary review, where applicable, will be based on the changes in job scope, nature of work and work responsibility;
    2. All other terms and conditions will be negotiated in accordance with the prevailing Tripartite Guidelines on Re-employment of Older Employees.
  4. The duration of re-employment for eligible employees shall be:
    1. Re-employment for five (5) years up to age 67; or
    2. Re-employment year-by-year, for five years (5) up to age 67.
  5. The Company shall offer re-employment contracts to eligible employees at least 3 months before their retirement. Similarly, employees who are not eligible for re-employment will be informed 3 months before their retirement.
  6. In the event that the Company is not able to offer re-employment to eligible employees, the Company shall provide a one-off Employment Assistance Payment (EAP) of 3.5 months’ gross salary, subject to a minimum amount of $5,500 and a maximum amount of $13,000.
Sample 2

Retirement age and re-employment shall be in accordance with the Retirement and Re-employment Act.

(12) EQUAL REMUNERATION

In May 2002, Singapore ratified ILO Convention 100 on Equal Remuneration. The tripartite partners, ie National Trades Union Congress, Singapore Business Federation/Singapore National Employers Federation and Ministry of Manpower, issued a Tripartite Declaration on Equal Remuneration for Men and Women Performing Work of Equal Value on 6 Nov 02. They recommend that unionised companies adopt the equal pay principle by incorporating a clause on equal remuneration in their collective agreements, a sample of which is given below:

Sample
  1. Both parties accept that the principle of equal remuneration for men and women for work of equal value shall apply. "Remuneration" means salary (as defined in the Employment Act) and any other consideration, whether in cash or in kind, which the employee receives directly or indirectly, in respect of employment.
  2. The employer shall ensure that the principles of equal remuneration for men and women for work of equal value are adhered to. Regardless of their gender, employees will be paid and rewarded based on the value of job, performance and contribution.

(13) GRIEVANCE PROCEDURE

Sample 1
  1. Recognising the value and importance of full discussion in preserving harmonious relations, every possible effort shall be made by both the Company and the Union to dispose of any grievance or complaint from employees at the lowest possible level as expediently as possible.
  2. Any employee having a grievance or complaint shall first refer the matter within one week of its arising to the attention of his immediate superior, or if the complaint is against his immediate superior, to the superior immediately above the immediate superior, who shall give his decision thereon within one week from the date the matter was referred to him.
  3. If the grievance is not resolved within one week, the matter shall then be referred to the Department Manager.
  4. If the employee concerned feels that the grievance has not been properly dealt with, within the next one week the matter shall be taken up between the Branch Union and the Human Resource Manager or his representative for further discussions.
  5. If the matter is still unresolved, it shall be dealt with by the Company management/ Union (HQ) level.
  6. If the matter remains unresolved, either party may refer such matter to the Ministry of Manpower for conciliation.
Sample 2
  1. The Union and the Company agree that an employee’s grievance shall be dealt with as expeditiously as possible. The procedure set out in sub-clause (2) of this clause shall be adopted to deal with an employee's grievance.
  2. The grievance settlement procedure shall be as follows:
    1. Step One
      A Branch committee member or any Union official authorised by the General Secretary of the Union may discuss minor grievances of employees with the Head of Section concerned.
    2. Step Two
      If a grievance is not resolved after action under Step One has been taken, the Chairman or Branch Secretary or such Union official authorised by the General Secretary of the Union may take the matter up to the Human Resource Department.
    3. Step Three
      If the grievance is still not resolved after action under Step Two has been taken, the Union may request a Union/Company management meeting to discuss the matter. If the matter remains unresolved, either party may refer such matter to the Ministry of Manpower for conciliation.
    4. In the event of there being no settlement, the matter shall be referred to the President of the Industrial Arbitration Court who shall have the discretion to select a referee appointed in accordance with section 43 of the Industrial Relations Act to determine the dispute.