Are there any special rules for collective redundancies or collective redundancies? The EA authorises the termination without notice of the employment contract in the event of an intentional breach by the other party of a condition of the employment contract. An employer may also dismiss an EA employee after a properly conducted investigation without notice for misconduct inconsistent with the employee`s obligations and conditions of service (i.e., for illegal reasons). Although the term “proper investigation” is not defined in the EA, the High Court held in Long Kim Wing v. LTX-Credence Singapore Pte Ltd (2017) SGHC 151 that a proper investigation did not extend only to conduct investigations and investigations, and that it contained information about the allegations and evidence against them. Although this case concerned a non-EA employee at the time, whose contract explicitly gives the employer the right to promptly terminate his employment relationship after a thorough investigation, it should be noted that the website of the Ministry of Manpower (MOM) also contains general guidelines for the conduct of an investigation (to which the High Court referred in this case). Redress requests are available when an employee feels that they have been wrongly dismissed. The EA also allows the termination without notice of the employment contract in the event of an intentional breach by the other party of a condition of the employment contract. Although the EA does not expressly require the employer to conduct a proper investigation before promptly dismissing the worker for such reasons, given the introduction of the Tripartite Guidelines on Unlawful Dismissal, which now provide that a worker may only be dismissed for misconduct in the absence of notice (or payment instead of notice) and after an appropriate investigation, Employers should: As a precautionary measure, they treat the employment contract as cases of misconduct when they intend to dismiss the worker without notice and first conduct a proper investigation. What will happen if your lease does not contain these clauses or if you are in a difficult situation to terminate your lease before it expires? So, what are your possibilities? Termination provisions are set out in Part II of the EA.
Entitlement to severance pay is not provided for by law in Singapore, with the exception of employment allowances (payable under the Withdrawal and Re-Employment Act) to workers between the ages of 62 and 67 whose employment ceases and who are not rehired. Any right (and calculation) of severance pay must be expressly provided for in the employment contract (or, in the case of unionized employees, in a collective agreement). The amounts of each of them (if any) should be paid upon termination and set out in the cancellation agreement, if applicable. Due to cultural norms and public housing policy, Singapore`s rental market tends to be highly expatriate. This is the reason why most leases contain a withdrawal clause – also known as a diplomatic clause or minimum rental term. These are the typical terms of an exit clause: employees who wish to approach retirement age and retire can lay off workers before their 62nd birthday. Workers are not required to accept the employer`s job offer imposed by the Age and Redeployment Act. With respect to payments to directors in the event of statutory loss or retirement, Section 168 of the AC requires that such payments be approved by shareholders at a general meeting. Companies are exempt from the obligation to seek the agreement of shareholders for payments to a director who has an employment relationship or a function in the company, as compensation for the termination of the employment relationship, within the framework of an existing legal obligation, following an agreement concluded between the company and the manager, whether the amount of the payment is the total amount of the director`s remuneration for the year immediately preceding the termination of the employment relationship and the details of the proposed payment (including the amount) has been communicated to the shareholders at or before the payment. . .