Feature article

5-STAR AWARDS: EMPLOYMENT LAW FIRMS

LAW FIRMS LEND AN EXPERT HAND

LABOUR LAWS in Singapore have hardly changed since the outbreak of COVID-19, according to one leading lawyer. However, that doesn’t mean that companies are in ‘business as usual’ mode when it comes to managing the employee experience.

“We have had no new employment laws,” says Goh Seow Hui, partner at Bird & Bird ATMD. “However, the way we work [and] the way HR practices are organised are undeniably different. I think a more accurate way of putting it would be that because of COVID we’re finding new and different ways to deal with age-old issues.”

Let’s say, for instance, there’s a case of misconduct at work. Before deciding to take

“What happens if there’s a breach of confidentiality, for example – a huge topic nowadays. Can you share laptops? These are things that sometimes HR or leadership don’t really pick up from the outset”

Thomas Choo, partner, Clyde & Co Classis Singapore

any disciplinary action against an accused worker, the Ministry of Manpower (MOM), Singapore’s authority on labour-related laws and policies, states that employers must

PENALTIES FOR BREACHING COVID-19 PROTOCOL

In April 2020, Singapore created a new law under the Infectious Diseases Act, titled ‘Workplace measures to prevent spread of COVID-19’

A breach can result in a fine of up to $10,000 and/or jail of up to six months

What employers can be charged with: • Failure to implement remote work without a ‘reasonable excuse’ • Failure to enforce safe management measures • Failure to communicate safety measures to employees

In February 2021, over 42 companies were penalised for failing to enforce safety protocols and forcing staff to work on site

conduct a thorough investigation and clearly prove that misconduct has taken place. Only then can they exercise their legal right to terminate, demote or suspend the employee. That being said, with remote work being the norm now, things are no longer so straightforward.

“You decide to investigate misconduct, but then employees are not in the office – they may not even be in Singapore,” Goh told HRD. “Trying to do all of that remotely and getting all your facts right can be a challenge. HR now has to find a new way, a remote way, of dealing with the things they’ve always had to deal with. I think that is the change.”

As well as navigating the murky waters of COVID-19, employers had to keep up with constantly changing rules as the pandemic progressed. Guidelines from MOM and its tripartite partners were frequently updated to reflect the situation on the ground, and that included the spread of the virus as well as the