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Singapore: Tightening of Work Pass Requirements for Foreigners

Sep 01 2020

To further support employment opportunities of locals in Singapore (i.e. Singapore citizens and Singapore permanent residents), the Ministry of Manpower of Singapore (“Ministry“) announced on 27 August 2020 changes to the Employment Pass (“EP“) and S Pass requirements.

A summary of the changes is set out below:

  1. Increase in EP minimum qualifying monthly salary

From 1 September 2020, the minimum monthly salary requirement for all new EP applicants will be raised from S$3,900 to S$4,500, with more experienced candidates requiring higher salaries.

For all EP renewal applicants, this new salary requirement will only take effect from 1 May 2021.

  1. Increase in EP minimum qualifying monthly salary for Financial Services Sector

Following the abovementioned increase of the minimum monthly salary requirement for all EP applicants, the minimum monthly salary requirement for new EP applicants in the Financial Services Sector will be raised to S$5,000 with effect from 1 December 2020, with more experienced candidates requiring higher salaries.

For EP renewal applicants in the Financial Services Sector, this new salary requirement will only take effect from 1 May 2021.

  1. Increase in S Pass minimum qualifying monthly salary

From 1 October 2020, the minimum monthly salary requirement for all new S Pass applicants will be raised from S$2,400 to S$2,500, with more experienced candidates requiring higher salaries.

For all S Pass renewal applicants, this new salary requirement will only take effect from 1 May 2021.

There will be no changes to S Pass levies and quotas.

  1. Considerations for EP and S Pass applications

The Ministry has emphasised that in light of the COVID-19 pandemic and to encourage employers to build and retain a core of Singapore employees, it would be strictly taking into account the following when considering EP and S Pass applications:

  1. Whether the employer has kept up support of local PMETs (i.e. professionals, managers, executives and Technicians) in its employment; and
  2. Whether the employer has been responsive to government efforts to help recruit and train more Singaporean PMETs.
  1. Fair consideration framework

Currently, under the fair consideration framework, before submitting a new EP application, employers are required to advertise the job vacancy on MyCareersFuture.sg for 14 days and consider local applicants fairly.

With effect from 1 October 2020, the fair consideration framework job advertising requirement will be changed as follows:

  1. The job advertising requirement will extend to new S Pass applications as well; and
  2. The minimum duration that the job vacancy is required to be advertised on MyCareersFuture.sg for both EP and S Pass applicants will be extended to 28 days (from 14 days).

Apart from the above-mentioned changes, the Ministry will put employers whose PMET workforce profiles suggest a bias against locals on the fair consideration framework watchlist, with greater scrutiny given to their EP and S Pass applications.

For more information, please refer to the Ministry’s press release, which can be accessed here.

Clyde & Co Clasis attorneys are available to assist you with these and other workplace issues. For more information, visit clydeco.com/locations/office/singapore.

For more information please contact Joseph Granato, Communications Manager at L&E Global at joseph.granato@leglobal.org.

Singapore: Additional Employment Related COVID-19 Subsidies

Aug 19 2020

In light of the COVID-19 situation stabilising in Singapore but noting the weakness of the labour market in Singapore, the Singapore government announced additional support for workers and jobs (“Support“) on 17 August 2020. The Support is designed to provide flexibility for adjustments as the COVID-19 pandemic progresses.

A summary of the employment-related subsidies provided by the Support is set out below:

  1. Extension of Jobs Support Scheme (commonly known as “JSS”)

The Jobs Support Scheme has been extended by a further 7 months from August 2020 until March 2021.

The Jobs Support Scheme support will differ sector to sector ranging from 10% to 50% wage support, with higher wage support provided to sectors that have been severely affected (and expected to continue to be severely affected) (such as aerospace, aviation, tourism and built environment).

Sectors that are managing well such as biomedical sciences, financial services, and information and communications technology will only be provided with 10% wage support until December 2020.

  1. Jobs Growth Incentive

The Jobs Growth Incentive has been introduced to support hiring in growing sectors such as, amongst others, biomedical sciences, financial services, information and communications technology, healthcare and long-term care.

The Jobs Growth Incentive aims to increase headcount of local workers in these sectors over the next 6 months as follows:

  1. The Government will co-pay up to 25% – 50% of salaries (depending on age) of all new local hires for 12 months, subject to a cap.

These companies however must maintain a local workforce size of more than 10 if they want to enjoy the incentive for the full 12 months.

The Ministry of Manpower of Singapore is expected to provide further details later in August 2020.

Apart from the above-mentioned employment-related subsidies, the Support also provides for other subsidies to help individuals and businesses in other areas. For more information on the additional support, please refer here.

Part of the extension of the Jobs Support Scheme is to mitigate the risk of retrenchment during this period, which is expected to escalate. Employers should take into consideration the extension of the Jobs Support Scheme before considering whether they would ultimately need to retrench their employees as a last resort.

 

Written by Thomas Choo and Heather Lim

 

Clyde & Co Clasis attorneys are available to assist you with these and other workplace issues. For more information, visit clydeco.com/locations/office/singapore.

For more information please contact Joseph Granato, Communications Manager at L&E Global at joseph.granato@leglobal.org.

Singapore: COVID-19 – Post-circuit breaker measures required at the workplace

May 22 2020

Singapore’s circuit breaker, which came into effect on 7 April 2020, is expected to ease gradually after 1 June 2020. In light of this, Singapore’s tripartite partners (the Ministry of Manpower, the National Trades Union Congress and the Singapore National Employers Federation) jointly issued on 9 May 2020 a set of Safe Management Measures that employers are required to implement upon resuming their operations.

A summary of the Safe Management Measures is set out below:

1. Implementing a system of Safe Management Measures

​​To provide a safe working environment and minimise risks of further COVID-19 outbreaks, employers must implement a system of Safe Management Measures in a sustainable manner for as long as necessary, including:

a. Implementing a detailed monitoring plan – to ensure compliance of Safe Management Measures and that non-compliance and risks are resolved in a timely manner.

b. Appointing Safe Management Officer(s) (SMO) – to assist in implementing, coordinating and monitoring the systems of Safe Management Measures and resolving non-compliance and risks in a timely manner. The SMO should also keep records of inspections, checks and corrective actions taken.  

2. Reducing physical interaction and ensuring safe distancing

Where possible, employers must ensure that:

a. Employees work from home.

b. Meetings are conducted virtually and physical meetings are minimised.

c. Events and activities involving close and prolonged contract amongst participants (e.g. conferences, seminars, exhibitions and social gatherings at the workplace) are cancelled or deferred.

d. Special attention is given to vulnerable employees to enable them to work from home.

Where employees cannot work from home, employers must ensure that the following are implemented:

a. Staggered working and break hours to reduce possible congregation of employees in all common spaces (e.g. entrances, exits, lobbies, canteens and pantries).

Staggered working and break hours must be implemented over at least three one-hourly blocks, with not more than half of the employees reporting to work within each one-hour block (e.g. reporting times from 7.30am to 8.30am for group 1, 8.30am to 9.30am for group 2 and 9.30am to 10.30am for group 3, with corresponding staggered timings for lunch, other breaks and end of work).

Where possible, reporting and ending timings should not coincide with peak-hour travel.

If staggered working and break hours are not possible, employers must implement other measures to reduce congregation of employees at common spaces (e.g. arrange for different groups of employees to arrive/depart through different entrances/exits).

b. Implementing shift or split team arrangements.

There must not be any cross-deployment or interactions between employees in different shifts and teams at all times, including outside of work.

If cross-deployment cannot be avoided, additional safeguards must be taken (e.g. ensuring no direct contact with cross-deployed employee).

c. Minimising need for common touchpoints in the workplace. Where physical contact is needed, additional safeguard must be taken (e.g. frequent disinfection of common touchpoints).

Where physical interaction in the workplace is required, employers must ensure:

a. Clear physical spacing of at least one metre between persons at all times by demarcating safe physical distances via visual indicators or through physical means at workstations, meeting rooms and common spaces.

3. ​Supporting contact tracing requirements

a. Record proximity data on phones to help identify close contacts of COVID-19 patients and reduce transmission. Employers should encourage employees to download and activate the TraceTogether app.

b. Control access at workplace by limiting access to only essential employees and authorised visitors. The SafeEntry visitor management system must be used to record entry and exit of all employees and visitors.

Employees and visitors who are unwell must be refused entry to the workplace.

4. Requiring personal protective equipment (PPE) and observing good personal hygiene

a. Employers must ensure that everyone entering the workplace including employees and visitors wear a mask and other necessary protective equipment at all times. Employers must also ensure that there are sufficient masks for all employees at the workplace at all times.

b. Employers should encourage employees to observe good personal hygiene.

5. Ensuring cleanliness of workplace premises

a. Employers must step up cleaning of workplace premises by ensuring regular cleaning and disinfecting of common spaces and shared machinery and equipment before changing hands. Cleaning and disinfecting of spaces where physical meetings are held and meals are taken must be done after each meeting or seating.

b. Provision of cleaning (e.g. hand soaps and toilet papers) and disinfecting agents (e.g. hand sanitisers) must be available at all toilets and hand-wash stations and human traffic stoppage points within the workplace (e.g. entrances, reception, lift lobbies, etc.), respectively.

6. Implementing health checks and protocols to manage potential cases

a. Employers must conduct regular temperature screening and declarations for all employees and visitors.

Employees and visitors must declare: (i) their overseas travel history during the past 14 days; (ii) if they have been issued with a quarantine or isolation order, Stay-Home Notice, or medical certificate for respiratory symptoms; and (iii) if they have a close contact who is a confirmed case.

Declaration records must be kept for at least 28 days.

b. Employers must adhere to prevailing travel advisories.

c. Employers must ensure that employees do not clinic-hop and that they only visit one clinic for check-ups if unwell.

Employees who have visited a clinic must submit records to their medical certificates and diagnoses to employers, including if they were tested for COVID-19 and the test results.

d. Employers must have an evacuation plan to manage employees who are unwell or suspected cases. Employers must record such cases as part of Safe Management Measures.

e. Employers must have a follow-up plan in the event of a confirmed case.

Upon being notified of a confirmed case, employers must immediately vacate and cordon off the immediate section of the workplace premises where the confirmed case worked and carry out thorough cleaning and disinfecting of all areas exposed to the confirmed case, in accordance with the National Environment Agency’s guidelines.

A checklist of the Safe Management Measures can be found here. Employers must ensure that all measures are in place and communicated to employees prior to resuming work.

In addition to the above, employers in the manufacturing sector, with customer-facing operations or in the transportation sector must adopt certain sector-specific measures.

 

Clyde & Co Clasis attorneys are available to assist you with these and other workplace issues. For more information, visit clydeco.com/locations/office/singapore.

For more information please contact Joseph Granato, Communications Manager at L&E Global at joseph.granato@leglobal.org.

COVID-19 Singapore: Post-circuit breaker measures required at the workplace

May 15 2020

Singapore’s circuit breaker, which came into effect on 7 April 2020, is expected to ease gradually after 1 June 2020. In light of this, Singapore’s tripartite partners (the Ministry of Manpower, the National Trades Union Congress and the Singapore National Employers Federation) jointly issued on 9 May 2020 a set of Safe Management Measures that employers are required to implement upon resuming their operations.

A summary of the Safe Management Measures is set out below:

1. Implementing a system of Safe Management Measures

​​To provide a safe working environment and minimise risks of further COVID-19 outbreaks, employers must implement a system of Safe Management Measures in a sustainable manner for as long as necessary, including:

a. Implementing a detailed monitoring plan – to ensure compliance of Safe Management Measures and that non-compliance and risks are resolved in a timely manner.

b. Appointing Safe Management Officer(s) (SMO) – to assist in implementing, coordinating and monitoring the systems of Safe Management Measures and resolving non-compliance and risks in a timely manner. The SMO should also keep records of inspections, checks and corrective actions taken.  

2. Reducing physical interaction and ensuring safe distancing

Where possible, employers must ensure that:

a. Employees work from home.

b. Meetings are conducted virtually and physical meetings are minimised.

c. Events and activities involving close and prolonged contract amongst participants (e.g. conferences, seminars, exhibitions and social gatherings at the workplace) are cancelled or deferred.

d. Special attention is given to vulnerable employees to enable them to work from home.

Where employees cannot work from home, employers must ensure that the following are implemented:

a. Staggered working and break hours to reduce possible congregation of employees in all common spaces (e.g. entrances, exits, lobbies, canteens and pantries).

Staggered working and break hours must be implemented over at least three one-hourly blocks, with not more than half of the employees reporting to work within each one-hour block (e.g. reporting times from 7.30am to 8.30am for group 1, 8.30am to 9.30am for group 2 and 9.30am to 10.30am for group 3, with corresponding staggered timings for lunch, other breaks and end of work).

 Where possible, reporting and ending timings should not coincide with peak-hour travel.

If staggered working and break hours are not possible, employers must implement other measures to reduce congregation of employees at common spaces (e.g. arrange for different groups of employees to arrive/depart through different entrances/exits).

b. Implementing shift or split team arrangements.

There must not be any cross-deployment or interactions between employees in different shifts and teams at all times, including outside of work.

If cross-deployment cannot be avoided, additional safeguards must be taken (e.g. ensuring no direct contact with cross-deployed employee).

c. Minimising need for common touchpoints in the workplace. Where physical contact is needed, additional safeguard must be taken (e.g. frequent disinfection of common touchpoints).

Where physical interaction in the workplace is required, employers must ensure:

a. Clear physical spacing of at least one metre between persons at all times by demarcating safe physical distances via visual indicators or through physical means at workstations, meeting rooms and common spaces.

3. ​Supporting contact tracing requirements

a. Record proximity data on phones to help identify close contacts of COVID-19 patients and reduce transmission. Employers should encourage employees to download and activate the TraceTogether app.

b. Control access at workplace by limiting access to only essential employees and authorised visitors. The SafeEntry visitor management system must be used to record entry and exit of all employees and visitors.

Employees and visitors who are unwell must be refused entry to the workplace.

4. Requiring personal protective equipment (PPE) and observing good personal hygiene

a. Employers must ensure that everyone entering the workplace including employees and visitors wear a mask and other necessary protective equipment at all times. Employers must also ensure that there are sufficient masks for all employees at the workplace at all times.

b. Employers should encourage employees to observe good personal hygiene.

5. Ensuring cleanliness of workplace premises

a. Employers must step up cleaning of workplace premises by ensuring regular cleaning and disinfecting of common spaces and shared machinery and equipment before changing hands. Cleaning and disinfecting of spaces where physical meetings are held and meals are taken must be done after each meeting or seating.

b. Provision of cleaning (e.g. hand soaps and toilet papers) and disinfecting agents (e.g. hand sanitisers) must be available at all toilets and hand-wash stations and human traffic stoppage points within the workplace (e.g. entrances, reception, lift lobbies, etc.), respectively.

6. Implementing health checks and protocols to manage potential cases

a. Employers must conduct regular temperature screening and declarations for all employees and visitors.

Employees and visitors must declare: (i) their overseas travel history during the past 14 days; (ii) if they have been issued with a quarantine or isolation order, Stay-Home Notice, or medical certificate for respiratory symptoms; and (iii) if they have a close contact who is a confirmed case.

Declaration records must be kept for at least 28 days.

b. Employers must adhere to prevailing travel advisories.

c. Employers must ensure that employees do not clinic-hop and that they only visit one clinic for check-ups if unwell.

Employees who have visited a clinic must submit records to their medical certificates and diagnoses to employers, including if they were tested for COVID-19 and the test results.

d. Employers must have an evacuation plan to manage employees who are unwell or suspected cases. Employers must record such cases as part of Safe Management Measures.

e. Employers must have a follow-up plan in the event of a confirmed case.

Upon being notified of a confirmed case, employers must immediately vacate and cordon off the immediate section of the workplace premises where the confirmed case worked and carry out thorough cleaning and disinfecting of all areas exposed to the confirmed case, in accordance with the National Environment Agency’s guidelines.

A checklist of the Safe Management Measures can be found here. Employers must ensure that all measures are in place and communicated to employees prior to resuming work.

In addition to the above, employers in the manufacturing sector, with customer-facing operations or in the transportation sector must adopt certain sector-specific measures.

 

Clyde & Co Clasis attorneys are available to assist you with these and other workplace issues. For more information, visit clydeco.com/locations/office/singapore.

For more information please contact Joseph Granato, Communications Manager at L&E Global at joseph.granato@leglobal.org.

COVID-19 Employment: Singapore’s suspension of workplace activities and what it means for employers

Apr 06 2020

Background

On 3 April 2020, the Singapore government announced an elevated set of safe distancing measures (the “Elevated Measures”) which will take effect from 7 April 2020 to 4 May 2020 (both dates inclusive) (the “Circuit Breaker Period”). Similar to other jurisdictions, it is possible that the Circuit Breaker Period may be extended if the Singapore government feels that the COVID-19 outbreak has not been adequately contained in Singapore nearing the end of the Circuit Breaker Period.

These “circuit breaker” measures include the suspension of activities at workplaces, other than certain prescribed “essential services” (the “Essential Services”).

What are Essential Services?

A list of Essential Services is set out in more detail on the Singapore GoBusiness website (click here). These primarily include activities in the health and social services, food, energy, waste, water, environment, transportation and storage, information and communications, defence and security, construction, facilities management and critical public infrastructure, manufacturing and distribution, certain prescribed legal services, banking and finance and some other prescribed industries.

It would be important for organisations to review the above-mentioned website periodically to ensure that their activities are considered Essential Services. Alternatively, an organisation can contact the Enterprise Infoline at +65 6898 1800 to enquire further.

If an organisation’s activities are considered Essential Services, it is still required to declare, by the end of 13 April 2020, under the “General Exemption” field on the above-mentioned website (click here) that it conducts Essential Services. The Singapore government has indicated that it will respond within 48 hours from the date of declaration.

If an organisation conducts Essential Services and submits its declaration on the above-mentioned website late (or not in time before the commencement of the Circuit Breaker Period), it can still continue with operations (with the appropriate safe distancing measures in place at its workplace) until they are told otherwise.

What does this mean for entities whose business activities are not Essential Services?

Entities whose business activities are not Essential Services are not allowed to operate from their workplace premises. However:

(a) if they are able to continue to operate their businesses (whether in limited or full capacity) with their employees working from home, they can continue to do so. All other business activities that cannot be conducted through work from home arrangements shall be suspended during the Circuit Breaker Period; and

(b) it could submit a general “Application for exemption from suspension of business activities” via the above-mentioned website to be generally exempted from the suspension during the Circuit Breaker Period (“General Exemption”); or

(c) it could submit a time-limited “Applying for exemption for a limited period of time” via the above-mentioned website to be exempted from the suspension for a limited period of time during the Circuit Breaker Period (“Time Limited Exemption”).

Entities whose business activities are not Essential Services should not operate their business from their respective workplace premises until they receive approval of a General Exemption or a Time Limited Exemption.

What does this mean for employees?

Entities who (i) carry out Essential Services; or (ii) carry out non-Essential Services with approval of a General Exemption or a Time Limited Exemption, would still need to abide by the Infectious Diseases (Workplace Measures To Prevent Spread Of Covid-19) Regulations 2020 (the “Regulations“) published on 1 April 2020, which applies during the control period from 2 April 2020 to 30 April 2020. (link here)

The Regulations aim to prevent the spread of COVID-19 by requiring employers to implement, where possible, telecommuting and safe distancing measures. Employers, who are in breach of any part of the Regulations without reasonable excuse, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding S$10,000 or to imprisonment for a term not exceeding 6 months or to both.

In summary, the Regulations provide for:

1. Employers, principals and occupiers to implement telecommuting.

Employers, principals and occupiers must direct workers (including contractors, subcontractors and their respective employees) to work from home and provide the necessary facilities for workers to work from home during the control period, unless it is not reasonably practicable.

Though there is no guidance as to what is deemed reasonably practicable, the onus will likely be on employers or principals who fail to implement such measures to prove that it is not reasonably practicable to do so. In determining the definition of “reasonably practicable”, until more guidance is provided by the Singapore authorities, it appears prima facie that one can rely on Singapore case law which suggests that risk computation will be involved and as such, there must not be a “gross disproportion” between the costs of implementing the prescribed telecommuting measures and the risk of the spread of COVID-19.

Organisations are encouraged to document their thought process in particular on why it is NOT reasonably practicable for certain employees to work from home. As an example, subject to further guidance by the Singapore authorities, back-end logistical roles where employees are required to be present at a workplace to print and bind huge volumes of paperwork for clients may be considered to be “reasonably practicable” as it may outweigh the cost of providing such industrial equipment to each of these employees at their homes.

2. Safe distancing measures by employers and principals.

Employers and principals must implement the following measures:

(a) Place workers in 2 or more groups (ie split teams) to avoid or minimise physical interaction between workers in different groups.

(b) Workers should not all arrive at and leave the workplace at the same time.

(c) Any worker who exhibits any of the specified symptoms (ie coughing, sneezing, breathlessness and runny nose) or is physically unwell is required to immediately inform the employer or principal.

(d) The employer or principal must take reasonable steps to ensure that there is a distance of at least one metre between any 2 individuals in the workplace.

Without limiting (d) above, the employer or principal must take all reasonable steps to implement the following in the workplace:

(i) Ensure that seats are at least one metre away from any other seats at all times or alternate seats are demarcated as seats not to be occupied.

(ii) Where individuals may form a queue or remain in an area (eg pantry, waiting room or changing room etc) ensure that every individual is at least one metre away from any other individual in the queue or area.

(iii) Ensure that all individuals (other than workers) entering the workplace do not arrive at the same time and do not remain in the workplace longer than necessary.

All organised activity involving interaction between individuals must be cancelled or postponed except for the following:

(a) any activity critical to the employer’s or principal’s operations;

(b) any activity where workers are provided professional or vocational training or are tested or certified for any professional or vocational purposes; or

(c) any activity where workers are provided education by an educational institution.

3. Communications by employers and principals.

Employers or principals must, as far as reasonably practicable communicate to all workers and other affected individuals the measures implemented under the Regulations which apply to them.

4. Obligations of occupiers.

Occupiers of a workplace must implement the following measures:

(a) As far as reasonably practicable, allow natural ventilation of the workplace during working hours.

(b) Take the temperature of every individual entering the workplace and to visually ascertain whether the individual displays any specified symptom.

(c) Collecting the contact particulars of individuals (other than workers who ordinarily works in the workplace) entering the workplace.

(d) Refusing entry to any individual who is febrile (ie having or showing symptoms of fever), displays any specified symptom or refuses to comply with (b) and (c).

(e) Take reasonable steps to implement the safe distancing measures listed out in 2 above.

(f) Where an individual in the workplace is found by the occupier to be febrile or to display any specified symptom:

(i) Ensure the individual wears a face mask;

(ii) Ensure the individual leaves the workplace immediately; and

(iii) If the individual is not able to leave the workplace immediately, isolate the individual.

5. Workers and other individuals subject to movement control measure.

An employer or a principal must not require or permit anyone who is subjected to a movement control measure (eg stay home notices or quarantine orders) to enter the workplace.

An occupier must refuse entry of any individual who is or who the occupier believes is subject to a movement control measure.

6. Obligations of workers and other individuals.

A worker or other individual who exhibits any of the specified symptoms or is febrile must not enter any workplace.

In addition, workers and other individuals must comply with any requirements implemented by the employer or principal, in compliance with the Regulations.

Enforcement by Singapore authorities

Officers from the Ministry of Manpower of Singapore have already started conducting enforcement operations and will continue to do so during the Circuit Breaker Period to ensure that the Regulations are complied with, and the Elevated Measures adopted by organisations.

The Ministry of Manpower of Singapore has also made clear that it will be strict in enforcing (and we imagine quick in “name-shaming” organisations) in the event it determines that the Regulations are not complied with by certain organisations or if the Elevated Measures are not adopted by organisations. This may also include stop work orders, whereby organisations are required to stop work immediately and to make immediate rectifications.

 

Authors: Thomas Choo, Bernadette How and Heather Lim

Clyde & Co Clasis attorneys are available to assist you with these and other workplace issues. For more information, visit clydeco.com/locations/office/singapore.

For more information please contact Joseph Granato, Communications Manager at L&E Global at joseph.granato@leglobal.org.