HRM231 Employment Law and Industrial Relations Assignment SUSS Sample Singapore

HRM231 provides a comprehensive introduction to the various laws that govern employee-employer relationships in Singapore. The course focuses on how these regulations are enforced within an overall legal framework, as well as Collective bargaining and Mediation/Arbitration which can be used for settling disputes between employers or employees when necessary.

The course begins with an overview of the law in Singapore, looking at the key statutes and regulations that are relevant to employers and employees. This is followed by a more detailed examination of each area of law, including contracts of employment, employee benefits, dismissals and redundancies, and trade unions.

The overall aim of HRM231 is to provide students with a clear understanding of the legal landscape in Singapore, and how this affects the day-to-day management of employees.

This course is extremely relevant for employers in Singapore, who need to be aware of the latest laws and regulations that apply to their workforce. By understanding the legal framework within which they operate, employers can comply with the law, avoid legal problems and ensure that their companies remain productive and profitable.

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Assignment Activity 1: Describe the key principles of Singapore’s legal employment framework

Singapore is a nation with strong protections for workers and their families, and vitally important work to provide the welfare needs of its citizens. Singapore has a job security law that regulates dismissals and layoffs by providing due process, as well as allowing the government to intervene in cases where necessary. The National Wages Council provides an annual wage adjustment exercise for employees in order to adhere to gradually liberalized minimum wages. This framework ensures protection for those who cannot afford such wages such as the elderly or disabled, which necessitates minimum wages based on economic standing at time of peak employment need rather than years previously.

There are also laws concerning retirement ages which take into account historical data related to physical fitness and individual abilities/talents/skills, and is thus adjusted based on the availability of suitable new workers to take over roles vacated by retirees. In terms of social welfare, Singapore has a number of institutions which provide aid for health care, housing subsidies, eldercare, unemployment benefits and vocational training. These policies are regulated by a Ministry of Social and Family Development (MSF) that aims to work with employers and employees alike in order to provide the best assistance possible in a rapidly changing economic landscape, and in light of any issues which might arise in employment practices.

Assignment Activity 2: Discuss the statutory employment laws in Singapore

Singapore is in the process of modernising its labour laws. The government has noted that Singapore ought to adopt a more European-style system based on Germany’s where there is increased labour market flexibility and increased job security. Key changes can be seen in their latest Employment Act (2012) which changed the legal definition of misconduct and introduced independent tribunals for work disputes.

The Employment Act (2012) replaced the Employment Act (1968), which was enacted during a time when the government was more focused on economic growth and stability. The 1968 act placed a strong emphasis on protecting workers’ rights, while the 2012 act is more geared towards encouraging business growth and employment. This is evident in the change of focus from employees’ rights to employers’ duties.

The government has also recognised the need for more job security in order to attract and retain talent. This is especially important given Singapore’s ageing population and shrinking labour force. The new act allows employers to dismiss employees without having to provide a reason, as long as the dismissal is not considered unfair.

While this may seem like a step backwards in terms of worker protection, it is important to note that the act also gives employees more rights and protections. These include the right to claim unfair dismissal, the right to receive notice of dismissal, and the right to a severance payment.

The act also places a greater emphasis on mediation and arbitration as a means of resolving disputes. This is likely to result in faster, less costly, and more confidential resolutions.

Assignment Activity 3: Explain how legislation has been used to improve labour standards for workers

Legislation has been used to improve labour standards for workers by restricting the number of work hours, establishing a minimum wage, establishing safe working conditions, and outlawing child labour.

In places where legislation does not protect workers from unsafe work environments or long working hours, then businesses will have a tendency to hire people who are more desperate and therefore less able to protect themselves. Proponents of legislation have argued that legislation is important because it forces businesses to pay their employees fairly and keep them safe on the job–whether making sure they come home every night or ensuring their safety on the factory floor. Does this mean that most companies would be willing to comply with regulations? Probably not–but those who do will be rewarded accordingly in the form of high profits, low turnover rates, and high levels of consumer confidence.

A review of the literature suggests that labor legislation does indeed improve working conditions in two important ways: by improving individual health outcomes for workers, and by generating higher productivity levels.

Assignment Activity 4: Illustrate how the legal employment framework is used to resolve employer-employee concerns and disputes

Employers can’t fire an employee without cause. Employers are not allowed to hire you for the wrong reasons, nor are they allowed to fire you for the wrong reasons. Employees who feel that they have been fired improperly can either attempt mediation or take legal action. An employer cannot profit from any form of unlawful discrimination—for example, hiring an employee specifically because of their race or nationality, firing them simply because of it, etcetera. If there is unlawful discrimination on the part of a company’s employees, then all parties involved in such discriminatory acts face potential prosecution and punishments by law enforcement entities under statutes prohibiting equality among races and protection against employment exclusion based on ethnicity or religion. The Framework stands as a set of certain principles that guide the interpretation and implementation of EU law in the area of social affairs. The Charter of Fundamental Rights enshrines a number of these rights in a single document, which has the same legal value as the Treaties.

The Framework Agreement on parental leave sets down minimum standards for parental leave: each parent is entitled to at least four months’ leave from work, without loss of salary. It also specifies that at least one parent must take out parental leave until the child has reached the age of eight years. In addition to that, each Member State can choose whether or not to allow a further period of leave, which is not transferable between parents and must be taken before the child’s tenth birthday. The duration of this leave can be at least 15 weeks and no more than one year, bringing the total combined maternity and parental leave to at least 20 weeks before a child’s eighth birthday.

Assignment Activity 5: Demonstrate the role of the Ministry of Manpower in labour market policies

The Ministry of Manpower (MOM) sets, implements and monitors policies on labour mobility, foreign professionals, employment passes and work permits for various sectors.

The MOM defines the institutional framework within which firms operate. It regulates retirements in general; it determines the bulk of regulatory legislation which is then enforced by other institutions; it influences wage determination through its recommendations to the wage review committees; it recommends optimum capacity levels in response to economic changes. From time to time it also intervenes directly by setting prices or wages on behalf of some key industries under sudden pressure from inflation or acute shortages respectively. The main role of the Ministry of Manpower is monitoring employment patterns at all types and degrees of skill level across many occupations- including semi-skilled, skilled and professional.

There are a few key points that the MOM focuses on when it comes to manpower planning. These include:

• Ensuring that Singapore has enough workers with the right skills to meet the needs of businesses and maintain economic growth
• Helping businesses adjust to changing labour demands and promoting productivity  growth
• Providing a range of on-going and one-off services to help both employers and employees meet their needs, including job matching that takes account of Singapore’s demographic changes.

One way MOM provides assistance is by building up the number of Foreign Talents. Foreign Talents are skilled people from outside Singapore who have the potential to contribute to the country’s economy.

Assignment Activity 6: Analyse how the practice of tripartism in Singapore affects employment relations

Tripartism is the principle of including representatives from labor, business and government as equal partners in setting strategic goals and policies as a means of achieving better labour-management outcomes. Singapore has been tripartite for over 40 years now, starting off with national exchanges among representatives from labor, management and government on key economic matters such as full employment and productivity.

It is routine for the country’s major employers and unions to periodically meet to discuss current affairs. For instance at this year’s summit they discussed how automation was going to affect jobs in the long run. From this it can be said that there is openness involved with all parties which creates a sense of equality not typically found elsewhere or seen historically elsewhere.

Partnership and cooperation between employers and employees is seen as necessary for both economic growth and social stability (which was why the government created tripartism in the first place). Priorities for labor in tripartite talks in Singapore often consist of better pay, job security and opportunities for training/skill advancement. This is supposed to lead to better cohesion between employers and employees along with less day-to-day grievances.

The tripartite system is also credited with helping to reduce industrial unrest in Singapore. Strikes, for example, are quite rare; the last major one was in 1989. This is likely due to the fact that all parties have a vested interest in keeping things running smoothly and that everyone has a voice which can be heard. It should be noted that tripartism is not without its criticisms.

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