Non-Singaporean child not in Singapore. Entitled to Childcare Leave?

In the HR Singapore community I was in, this question was asked:

“We have a PRC employee whose child is below 7 years old, so rightfully, this employee should be entitled to childcare leave. However, her child is not in Singapore. In such circumstances, would you allow her to use this childcare leave?

Thanks in advance for your advise.”

It is not a question on whether we allow or disallow. It is a question on whether the employee is covered under the Employment Act. If he/she is covered, we have to give him/her the childcare leave – 2 days. The legislation did not state that the child must be in Singapore.

Aside, speaking on a moral perspective, even if the law says we can disallow the employee from taking such leave if the child is not in Singapore, we should still give to the employee. What is the internet for?

Reference can be found under my Page “Sources”:
Childcare Leave Eligibility


Terminating employee based on assumed gender

A candidate came in for interview. Short hair, with neatly trimmed moustache, wore a formal black shirt accompanied with slim fit formal pants.

Fast forward, candidate offered the job and had accepted. On the very first day, application form was given for the candidate to fill in. It was then the HR was shocked when she received the completed form – Gender was female. All along, both the hiring unit and the HR personnel thought the candidate was male.

Now, they are thinking of terminating this employee for dishonestly declaring her particulars. What is your advice?

Let’s start off with my very own, open to discussion and advice.

  1. Firstly, application form should be filled in way before the interview commences instead of when the candidate joined on the very first day. There is so much information to be declared which we can then proceed with any necessary verification and checks.
  2. Terminating an employee due to false declaration? Did the company have the candidate declare such information prior to joining? All is about assumption, and that, if proceed, will be an wrongly termination.
  3. Are we terminating based on false declaration or are we terminating because we want to hire a male employee instead of a female one? What’s the justification for that – purely discrimination?

I would say termination is a no go. What’s your take?

My Foreign Worker has resigned. When must I cancel his/her pass?

E.g. A work permit holder’s last day is on the 17 Jul (Monday). Should you cancel the pass on that day itself, or on the 18 Jul (Tues)?

As per MOM, we should cancel on the next day. We are not suppose to cancel on that day itself. Levy will also be charged till 17 Jul.

Such applies for other passes as well, e.g. S-Pass.

Reference can be found under my Page “Sources”:
Cancellation of Work Permit

HR Managing Lateness

Re posted from HR Singapore

Dear HR Members,We have actually come up with a grace period of 10 minutes daily for lateness. Any staff who are late after the grace period will have to apply for time-off.

However, it seems that about 80% of the staff still come in late everyday.

Would appreciate if you could share with me how to go about implementing policy since the above mentioned is not working.

Thanks in advance.

My reply:

HR can come up with any policy, but it takes all department heads to oblige and cooperate – subordinates who are late often should be disciplined. If there is no corporation, HR should bring the matter to the top Management. Pressure from top down always work (usually). Of course, HR must set a good example themselves. I have a lot of HR Colleagues who are frequent late comers themselves – that doesn’t help.


Issuing Duplicate Employment Contract

Can we issue duplicate employment contact to new hire?

The Employment Act does not take issue on this, but however a good practice could be to have the staff to sign 2 copies; 1 for himself/herself and the other for the company.
Duplicate copy can have a higher chance of potential dispute (e.g. forged signature?).