Legal Aspects of Drafting Employment Contracts, HR Policies and Procedures
In Singapore, in view of the changing employment landscapes, employers are now engaging different type of employees to suit their operational needs and requirements. As such, on the same basis, employer cannot adopt one form of employment contract to fit the different categories of employees. This is not withstanding with the amendment of the Employment Act, managerial and executive category of employees who are earning basic salary of $4,500 and below are also now covered under the Employment Act. As such, various types of employment contracts are now required and it includes:
(1) Regular or Open Ended Employment Contract;
(2) Fixed Term Employment Contract;
(3) Part-time Employment Contract;
(4) Temporary Employment Contract;
(5) Casual Labour (Ad-hoc) Employment Contract;
(6) Dual or Triple Employment Contracts; and
(7) Re-employment Contract
(8) Independent Contractor (Free-Lancer) Agreement*
Are HR practitioners taught how to draft the various employment contracts as stated above? If the answer is no and if there are employment contract templates provided, would it assist HR practitioners to draft out the various types of employment contracts? The answer is almost certainly yes. On the other hand, HR practitioners would still need to know the basic principles in contract law so that they could modify or make minor amendments to the employment contract templates. On top of understanding basic contract law, HR practitioners need to know the various employment legislation such as Employment Act, Employment (Part-Time Employees) Regulations, Retirement and Re-employment Act, Central Provident Fund Act, etc, before they could actually draft out the employment contract as surely the terms in the employment contract cannot supersede the legislation.
On the same basis, would an organization needs a HR policies and procedures manual? If yes, would it be good that there are templates so that it would be much easier for HR practitioners to draft out the HR policies and procedures manual. HR policies may differ greatly in that for some policies it is governed by legislation, whereas, other policies are meant to fulfil the operational needs and requirements of the organization. Whichever the case may be, there is a process or art in drafting HR policies and procedures and HR practitioners need to equip themselves with the knowledge and skills so as to draft the various policies such as the various types of leaves policies such as annual leave, childcare leave, compassionate leave, examination leave, prolonged illness leave, medical leave, marriage leave, medical leave, no pay leave, paternity leave, reservist leave, shared parental leave, etc. Also, it may be necessary to draft out the code of conduct policy, retirement and re-employment policy, personal data protection policy and the various employee insurance policies, compensation program, etc.
In view of the above, this 2-day workshop provides the participant with the practical guide on drafting the various types of employment contracts. HR practitioners will go through each type of employment contract and you will be taught on how employment legislation is being applied in drafting the employment contract for the different categories of employees.
Other than learning how to draft out employment contracts, HR practitioners will be taught the skills and understanding to develop and implement HR policies and procedures. Again, to draft out the entire HR policies and procedures would be extremely tough as a HR practitioner would need to be familiar with all the employment legislation. For example, if there is a need to draft out the re-employment policy, surely the HR practitioner would need to be extremely familiar with the Retirement and Re-employment Act.
For this workshop, all participants will be provided with a comprehensive book on HR practitioners’ guide to employment contracts and HR policies and procedures authored by the trainer. It is believed that after attending the 2-day workshop and with all the templates provided for both employment contracts; and HR policies and procedures, HR practitioners would be able to come with their own templates for both employment contracts and HR policies and procedures manual accordingly and we strongly believe that this will alleviate not only the productivity of the HR department but also avoid being entangled with unnecessary legal disputes in relation to the employment contract; and HR policies and procedures.
A competent HR practitioner must have the knowledge and skills in the following:
Part 1: Drafting Employment Contract
1. Understand the sources of employment laws in Singapore
2. Understand the essential terms in the employment contract:
3. The parties, employer and employee relationship and that of independent contractor.
4. Understand whether contract be made orally, in writing or by conduct?
5. Understand the requirements of an employment contract and the vitiating factors that may make the contract null and void.
6. Understand the terms of the Contract of Employment
7. Know the different types of employment contracts that may be issued to different type of employees:
8. Understand the different categories of employees in Singapore and how to apply employment contract templates namely:
9. Know the pitfalls to avoid in drafting employment contracts.
10. Understand the need to incorporate job description and employee benefits schedule in the employment contract.
Part 2: Drafting HR Policies and Procedures
1. Definition and importance of HR policies and procedures
2. Know the steps in policy development and implementation.
Step 1: The need for a policy
Step 2: The content of the policy
Step 3: Drafting the policy
Step 4: Review and approval of the policy
Step 5: Implementation and communication of the policy
3 Understand the methodology and the 6 key elements in formulating HR policies and procedures:
4. How to draft HR policy.
5. Grasping the salient point in drafting the various policy as outlined in the HR Practitioners’ Guide to Employment Contract and HR Policy and Procedures Manual as follows:
SECTION 1: TERMS AND CONDITIONS OF EMPLOYMENT
Policy No. 001 : Employee’s Personnel Data Protection
Policy No. 002 : Job Description
Policy No. 003 : Probationary and Confirmation
Policy No. 004 : Retirement and Re-employment
Policy No. 005 : Working Hours:- Office Hours/Flexi Hours
SECTION 2: STAFFING
Policy No. 006 : Employee Classification
Policy No. 007 : Exit Interview
Policy No. 008 : Manpower Utilisation
Policy No. 009 : Recruitment and Selection of Employees
SECTION 3: COMPENSATION AND BENEFITS
Part 3A : Employee Remuneration and Allowances
Policy No. 010 : Performance Review, Annual Increment
and Performance Bonus
Policy No. 011 : Annual Wage Supplement
Policy No. 012 : Compensation Program
a) Policy statement
b) Pay Structure
c) Salary Payment
d) Pay rates for new hires
e) Classification of new positions
f) Annual Salary Review
j) Merit Increment
l) Pay Adjustment
Policy No. 013 : Transport Allowance/Reimbursement
Policy No. 014 : Handphone Allowance/Reimbursement
Policy No. 015 : Modes of Payment and Compensating
Time (OT, Rest Day and Public Holiday)
Part 3B : Employee Leave Benefits
Policy No. 016 : Annual Leave
Policy No. 017 : Childcare Leave
Policy No. 018 : Compassionate Leave
Policy No. 019 : Examination Leave
Policy No. 020 : Extended Medical Leave
Policy No. 021 : Marriage Leave
Policy No. 022 : Maternity Leave
Policy No. 023 : Medical Leave
Policy No. 024 : No Pay Leave
Policy No. 025 : Paternity Leave
Policy No. 026 : Public Holidays In-Lieu
Policy No. 027 : Reservist Leave
Policy No. 028 : Shared Parental Leave
Policy No. 029 : Unpaid Infant Care Leave
Part 3C : Employee Medical Benefits and Insurance Plans
Policy No. 030 : Employee Medical Benefits and Group Insurance
a) Outpatient Clinics
b) Specialist Clinics
c) Health Screening
d) Group Hospital and Surgical Insurance
e) Group Major Medical Insurance
f) Group Term Life Insurance
g) Group Personal Accident Insurance
h) Work Injury Compensation Insurance
Policy No. 031 : Flexi Benefits
Part 3D : Employee Welfare Benefits
Policy No. 032 : Condolence
Policy No. 033 : Hospitalisation Gifts
Policy No. 034 : Long Service Awards
Policy No. 035 : New Born/Gifts of Joy
Policy No. 036 : Overseas Business Travel
Policy No. 037 : Professional Membership
SECTION 4 : TRAINING AND DEVELOPMENT
Policy No. 038 : Training Application and Course Sponsorship
SECTION 5 : EMPLOYEE RELATIONS
Policy No. 039 : Employee Code of Conduct
a) List of Codes
b) Disciplinary Actions
c) Guide to Disciplinary Actions
d) Policy on Employee Relations, Grievance Handling
Policy No. 040 : Employee Grievance Handling
b) Grievance Handling by Company
Policy No. 041 : Employee Work-Place Harassment
Policy No. 042 : Employee Communications
b) Town Hall Meetings
c) On-line Suggestion Scheme
d) Email/Internet Postings
e) Employee/Department Meeting
SECTION 6 : EMPLOYEE ADMINISTRATION
Policy No. 043 : Employee Identification Badge
Policy No. 044 : Email and Internet Usage
Policy No. 045 : Orientation Program
Policy No. 046 : Payroll Administration
Lecture and case study. Many real life practical examples will be shared. These examples cover different aspects of industrial relations and various industrial issues.
Who should attend?
Directors, managers and executives who have to deal with human resource matters now or in the future.