Employment Obligations In Light of COVID - 19
COVID-19 Disease Outbreak trigger ministry taskforce organize lot of precaution step and measures to reduce the number of infection in Singapore. This article tries to consolidate all information relate to employer and employees’ obligations based on update as at 7 April 2020.
The information hope can be a good reference for company HR to apply statutory provisions and compliant to Employment Act.
People taking leave of absence can leave their home and go out but those serve 14 days SHN should remain in their place of residence at all times. For people retuned from affected areas shall inform employer your status for further arrangement.
What if I fail to comply SHN?
You may face penalties under Section 21A of the Infectious Diseases Act. The penalty for an offence under the Regulations and Obligations, including any SHN breach, would be a fine of up to $10,000 or imprisonment of up to six months or both.
- If you are a Singapore permanent resident, long-term-visit pass holder, dependant’s pass holder, or student’s pass holder, your re-entry permits or passes may be revoked or the validity shortened.
- If you are a foreign employee issued with a work pass, your work pass may be revoked.
- If you fail to comply with the SHN, you may face the following penalties, as you have put the well-being of the wider community at risk.
- If your child/ward is a full-time student attending a pre-school, school or other educational institution in Singapore, your child/ward might be subjected to disciplinary action, including suspension or dismissal.
- For foreign students, this may include the cancellation of your child’s/ward’s student’s pass or dependant’s pass.
Other enforcement obligations efforts including collection of residential address and use of combination of mobile applications, phone surveillance and house visit to tighten enforcement efforts.
Employees on SHN must however remain in their residences at all times during the 14-day period and should not leave the residence even if it is to purchase food and essentials.
Can employer request swap test result after 14-day SHN period to allow them return to work? (From 7 April only Essential Service and business approved)
It’s not necessary if persons do not have symptoms and individual will not be offered diagnostic testing
Both LOA and SHN are precautionary measures to allow employees remain in their residences, minimize visitors and no close contact with any other people. Employers may still adopt flexible work arrangements such as telecommuting and teleconferencing to support employees daily job function at home depends on nature of business and staff’s job function. If it’s not possible to implement such arrangements, employers are encouraged to provide additional paid leave on top of employees’ annual leave entitlements. Other option including
- Treat employees’ LOA/SHN as paid hospitalisation leave or paid outpatient sick leave;
- Allow employees to apply for annual leave;
- Allow employees to use advance paid leave or apply for no pay leave (if they have used up their leave entitlements); or
- Other mutually agreed arrangements between the employers and employees / unions.
How to manage salaries of workers for the period they serve LOA/SHN?
Employers responsible to issue correct and prompt payment of their salaries. If Employees serve home quarantine order, it will be treat as hospitalization leave and salary is paid at a gross rate of pay within 7 days after the end of the salary period.
Same as for LOA/SHN, employer obligations shall have paid hospitalization leave or sick leave at a gross rate of pay within 7 days after the end of the salary period.
Employers should consider provide medical coverage if affected employee used up medical benefits cover under employment contract.
Any support for employers if employees affected by quarantine or LOA/SHN?
Employers can claim Quarantine Order Allowance Scheme (QOA) set up by MOH.
For those affected by LOA and SHN, can apply leave of Absence Support Package (LOASP). The support exclude those still can work from home use telecommuting arrangements.
Can family members continue to stay with me (Employer/Employee) during LOA/SHN? Will it be at risk infection?
Family member can continue to live with you. However, you need to practice good obligations for personal hygiene practices. If feeling unwell, avoid contact with your family members and seek medical attention immediately.
What’s Employer/Employee Responsibility at workplace?
Both employer and employee Obligations shall understand Symptom of COVID-19. Employer Obligations shall instruct employees measure and records body temperature twice a day. Apply social distance measure with at least 1 meter against your colleague. Wearing mask all the time and wash your hand after return to workplace. Minimize outdoor activity, contact with other people. Do not organize any group activity for more than 10 peoples. Immediate seek for medication if feeling unwell.
