Employment law in Singapore: Many people in Singapore have read about the recent case of the Twelve Cupcakes co-founder Daniel Ong and his ex-wife Jaime Teo who were charged for underpaying foreign employees for the period where they were directors of Twelve Cupcakes and they were fined S$65,000.
很多人已经阅读前DJ 王盟友 （Daniel Ong）和前妻 Jamie Teo 于假报员工 收入被罚款新币65，000的案例。
It is thus opportune that we share a bit about employment law in Singapore. Please note that the Employment Act is always being amended so do always check with a corporate lawyer if you have any specific legal queries as the actual legal position may have changed by the time you read this article.
在此我们想跟您分析新加坡相关的新加坡的法律条规。请知道新加坡的劳工法例每年有更新所以若读者有明确的疑问请聘请一个新加坡商业法的法律顾问来解您的疑问。
#1: What is the difference between a contract of service and a contract for service under Employment Law in Singapore
新加坡的员工合同跟顾问合同的区别
A contract of service results in an employment relationship between an employer and an employee. 根基新加坡法律, 若一个员工跟一个公司签一个员工合同，员工根据新加坡法律的角度就变成公司的员工,而新加坡公司就要例行根据新加坡法律对于员工的责任。
Employees working for a company will have an employment contract/employment appointment letter in connection with this. 员工合同通常有雇佣信或雇佣合同两种。
A contract for service on the other hand is a contract entered into between a third party consultant and the company. Third party delivery drivers for the delivery platforms fall into this category. 根据新加坡法律一个顾问合同就是一个顾问跟公司签的协议。公司对于顾问没有新加坡法律对于员工的员工法律责任。在新加坡，快递的工作人员通常会签雇佣合同。
#2: What type of employees in Singapore are covered by the Central Provided Fund and what obligations do employers have in respect of them? 那个新加坡员工要还
公积金而公司老板对于员工的公积金有何法律任务？
CPF Contributions are payable for Singapore Citizens (SC) and Singapore Permanent Residents (SPR) who are working in Singapore under a contract of service (as explained above) and are employed under a permanent, part time or casual basis.
在新加坡任职的新加坡人或新加坡永久居民必须还公积金而有长期，兼职或偶尔。
If you are a SC or SPR working overseas, CPF contributions are not mandatory. 若您是一个新加坡人或新加坡永久居民还公积金不是勉强的。
#3: As of 2021, who is covered by the Employment Act? 在2021年，那些员工被新加坡劳工法所管束?
As of 2021, under the Employment Act, you are covered if you are an employee working under a contract of service with an employer. It covers both local and foreign employees.
在2021年，若一个人是莫莫公司做员工，那个人会受新加坡劳工法例的管辖。
An employee can be employed in the following terms:
一个新加坡员工有几种：
- Full-time ： 长期
- Part-time ： 兼职
- Temporary: 占时
- Contract: 合同员工
An employee can be paid on the following basis:
新加坡员工可以于下领工资的方式：
- Hourly： 小时
- Daily： 每日
- Monthly： 每月
- Piece-rated ： 计件
You are a part time employee if you work less than 35 hours a week (under the Employment of Part-Time Employees Regulations). 兼职员工是指每周少过35小时的就职。
You are not covered if you are employed as a:
一个员工不受新加坡劳动法的管辖若果员工是一下的种类：
- Seafarer ： 航海员
- Domestic worker： 家庭仆人
- Statutory board employee or civil servant： 新加坡政府人员
If you are not covered by the Employment Act, your terms and conditions of employment will depend on your employment contract. 若一个员工不受新加坡劳工法的保护，那若果我们要了解他的工作条件，我们必须参考他的雇佣合同。
#4: Who are covered under Section IV of the Employment Act?
新加坡公司法第四部分涉及那样的员工？
Part IV of the Employment Act, which provides for rest days, hours of work and other conditions of service only apply to: 新加坡公司法第四部分，涉及： （i） 休闲日； （ii）工作小时；和其他工作条款， 涉及的人员如下：
- Workmen (please see below); 工人
- Employee who is not a workman who earns not more than S$2,600. 每个员工每月的薪水少过新币2,600
This part does not cover all managers and executives. 这条款不包括经理和执行人员。
#5: Who are managers and executives under the Employment Act? 那谁是经理和执行人员？
A manager or executive has decision making powers and includes professionals with specialist skills. 经理和执行人员是一个有执行权的员工而包括专业人士。
#6: Who is a workman under the Employment Act? 新加坡劳工法所指的工人是何定义？
- A Workmen is a person doing manual labour earning a basic salary of not more than S$4,500. 新加坡劳工法所指的工人是指一个做粗活而月薪不超过新币4,500.
#7: What does the Child Development Co-Savings Act cover in relation to employees?
新加坡的儿童发展共同储蓄法律如何保护新加坡员工？
This is the act that provides for government paid maternity leave for mothers. 此条款保护孕妇的孕期薪水和孕期假。
In conclusion, there are many specific elements of employment law that apply to each Singapore company and its employees. There are many aspects of the employment act and other employment related provisions that are very technical that we have omitted for the purpose of this article. Always spend some time speaking to an experienced corporate lawyer to comply with the necessary rules and regulations to prevent further complications later on.
总之，新加坡劳工法和公司法在改变。所以若您有疑问，您必须向一个对于新加坡老公法有了解的律师请教。
We are always open to questions on issues relating to employment law so if you have any comments on our article, please leave a comment below.
https://www.SingaporeLegalPractice.com is a corporate law and commercial law education website headquartered in Singapore which aims to demystify business law and 新加坡商业法 for SME Company Owners, Startup Founders and 新加坡新移民老板。The information provided on this website does not constitute legal advice. Please go to our contact us page and contact us and we will arrange for a lawyer to speak to you. Please obtain specific legal advice from a lawyer before taking any legal action. Although we try our best to ensure the accuracy of the information on this website, you rely on it at your own risk.
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