There are a lot of employees who are confused on what are legislated benefits and what are contractual benefits. It is important to differentiate between them for companies are obliged to provide nothing less for legislated benefits. For example, the law stipulates a minimum 7 days of Annual Leave, and companies must provide either that or more, and not less.
Below is a list of legislated benefits which you can easily find about your entitlements online:
- Annual Leave
- Sick Leave (or some named it as Medical Leave)
- Childcare Leave
- Maternity Leave
- Adoption Leave
- Paternity Leave
- Shared Paternity Leave
Below is a list of common leave benefits provided by companies and not legislated by local laws:
- Marriage Leave
- Compassionate Leave
- Exam Leave
- Family Care Leave
- Birthday Leave
If you worked 34 hours a week, you will be considered a Part-Timer and thus your Childcare Leave entitlements will be pro-rated accordingly.
However, if you worked more than that – in this case 38 hours a week — your Childcare Leave entitlements shall be as per the entitlement as a Full-Timer.
Myth 01: Chinese New Year Eve is a 1/2 day
It is not legislated by any laws in Singapore but rather a social norm, for many companies practice that. If yours is not one of them, apologies.
Myth 02: My company is obliged to give me “Kai Gong” Ang Pow
Oh yes, we do have employees who claimed it is their right. No legislation cover such, and this could be down to the social norm once again.
Myth 03: I will get double pay if I worked on Chinese New Year
You will earn 1 day basic rate of pay or 1 day off in lieu (if you are covered under Employment Act). When people say “double pay”, it means getting your usual salary for that day, and 1 day extra (either salary or day off).
Agree that this could be myth or basically something misleading (or could have).
Myth 04: Employer can give me Ang Pow in lieu of Overtime Pay
Not true if you are covered under Part IV of the Employment Act. There is nothing we can pay (or give) to replace Overtime Pay.
Myth 05: My working schedule is Mon- Sat. If CNY falls on Sat, I do not have to work and will earn 1 day off in lieu
Public Holiday Pay / Off in lieu is given to employees when Public Holiday falls on their non-working day(s). In this case, if Sat is an official working day, and company decided not to open for business for that day and thus employees are not required to come to work, they had actually “enjoyed” the Public Holiday day off and thus should not be compensated any further.
You do not have to be married in order to be eligible for childcare leave. As long as you had worked for your employer for at least 3 months (continuous), you will be entitled to Childcare Leave.
If your child is a Singaporean and below 7 years old – 6 days
If you child is a Singaporean and between 7-12 years old – 2 days
If your child is a Non-Singaporean and below 7 years old – 2 days
Myth 01: Overtime kicks in after 44 hours in a week
Overtime kicks in after your contractual working hours. For example, if you are contracted to work for 42 hours per week, overtime shall kicks in after 42 hours.
Myth 02: Working on Public Holiday / Rest Day = Overtime pay
Employee should be paid public holiday pay / rest day pay if they work on the respective day, but overtime kicks in after their normal daily working hours.
Myth 03: Overtime is always 1.5x rate
If a part-timer is contracted to work for 20 hours, while a full-timer (same type of employee as the part-timer) contractual hours is 40 hours, 1.5x rate kicks in after 40 hours, and any hours after 20 hours will be 1x time, where such will be considered as overtime as well.
Myth 04: Overtime can by claimed by giving employee Off-in-lieu
It is illegal as per the Employment Act.
Myth 05: Overtime is not applicable if you are an Executive / Manager
It depends on your job scope. If it matches the description of an Executive / Manager in the Employment Act, Overtime is not applicable, else, you might be liable to pay him/her Overtime.
If the employee is covered under the Employment Act, we cannot restrict him/her to join a Union.
Such can be found under Part II of the Employment Act. Thus, do take note that both Executives and Managers might be covered as well (Part IV is not applicable for them).
Myth 01: You do not have to pay CPF Contributions to Part-Timers
The type of employment is not a criteria for CPF Contributions but rather it is the remuneration payable that decides the respective rates applicable.
Myth 02: Referral Fees attract CPF Contributions
Payment for employees for referring people to join the company will not attract CPF Contributions.
Myth 03: CPF Contributions are not applicable for employees during their Reservist
It is still applicable and contributions must still be made.
Myth 04: It is mandatory to pay CPF Contributions for employees working overseas
CPF contributions will be deemed as voluntary for employees working overseas.
Myth 05: Retrenchment Benefits attract CPF Contributions
As per the law, it doesn’t attract CPF Contributions.