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HR guide: Employer obligations under Part IV of MOM Singapore's Employment Act

HR guide: Employer obligations under Part IV of MOM Singapore's Employment Act

This applies to workmen doing manual labour earning S$4,500 or below per month, or employees covered under the Employment Act earning S$2,600 or below per month.

Singapore's Ministry of Manpower (MOM) has shared a refresher on terms of the Employment Act, relating specifically to Part IV of the Employment Act.

This relates to the topic of rest days, hours or work and conditions of service to: 

  • A workman (doing manual labour) earning a monthly basic salary of $4,500 or less.
  • An employee who is not a workman, but who is covered by the Employment Act and earns a monthly basic salary of $2,600 or less.

However, Part IV of the Act does not cover all managers or executives. 

Here are some of the employee entitlements that fall under Part IV of the Employment Act.

Break times

Employees are not required to work more than six consecutive hours without a break.

However, if the nature of the work requires continuous work for up to eight hours, breaks must be provided for meals. The breaks should be at least 45 minutes long.

Normal hours of work

Contractual working hours are the hours that employees and their employer have agreed to in the contract of service.

For common work arrangements, the contractual hours of work are as follows:

For other work arrangements, the contractual hours of work are as follows:

For those who are not shift workers but are willing to work up to 12 hours daily, while ensuring not to exceed an average of 44 hours over any continuous three-week period, several requirements must be met:

  • Firstly, the worker must provide written consent for this arrangement.
  • It is essential for the worker to have a clear understanding of the provisions outlined in Sections 38 and 40 of the Employment Act. 
  • Furthermore, the worker must be informed about their daily working hours, the number of working days per week, and their entitlement to a weekly rest day. 

Overtime pay 

Overtime work is considered as all work in excess of the normal hours of work (excluding breaks).

Overtime is claimable if an employee is: 

  • A non-workman earning a monthly basic salary of S$2,600 or less.
  • A workman earning a monthly basic salary of S$4,500 or less.

Maximum hours of work

Employers of eligible workers must note that employees are not allowed to work more than 12 hours a day.

However, the employer can ask for an employee to work more than 12 hours a day in the following circumstances:

  • An accident or threat of accident.
  • Work that is essential to the life of the community, national defence or security.
  • Urgent work to be done to machinery or plant.
  • An interruption of work that was impossible to foresee.

Working more than 12 hours a day (overtime exemption)

If an employer requires employees to work more than 12 hours a day (up to a maximum of 14 hours), they must apply for an overtime exemption.

Maximum hours of overtime

An employee can only work up to 72 overtime hours in a month.

Employers can apply for an exemption if they require employees to work more than the 72 hours of overtime in a month.

Do note the following work activities will not be granted exemption:

Work on rest day or public holidays is not counted in the 72-hour overtime limit, except for work done beyond the usual daily working hours on those days. Such extra hours are included in the 72-hour limit.

Overtime on a rest day or public holiday is calculated as follows:

  • (Hourly basic rate of pay × 1.5 × Number of hours worked overtime) + (Rest day or public holiday pay)

Rest day

Employers must provide one rest day per week.

A rest day comprises one whole day (midnight to midnight) and is not a paid day.

For shift workers, the rest day can be a continuous period of 30 hours. A 30-hour rest period that begins before 6pm on a Sunday is considered as one rest day within the week, even if it extends into the Monday of the following week.

A week is continuous period of seven days starting from Monday and ending on Sunday.

Employers cannot compel their employees to work on a rest day, unless under exceptional circumstances.

When a rest day can fall

The employer determines the rest day, which can be on a Sunday, or any other day of the week.

Other than the rest day, the other days of the week which employees do not need to work are not considered rest days.

If the rest day is not a Sunday, employers should prepare a monthly roster and inform their employees of the rest days before the start of each month.

The maximum interval allowed between two rest days is 12 days.

For more information on the entitlements that fall under Part IV of the Employment Act, please refer to the refresher issued by MOM.

READ MORE: Total employment (excluding MDWs) in Singapore grew by 4,900 in Q1 2024: MOM

Lead image / Ministry of Manpower Linkedin

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