Best Hiring & Firing Lawyers in Toa Payoh

About Hiring & Firing Law in Toa Payoh, Singapore

In Toa Payoh, Singapore, hiring and firing laws primarily fall under the broader Employment Act. This act delineates employee's rights, employer obligations, and procedures that must be followed during hiring and termination of employment. These laws are designed to ensure fairness and equality within the workplace, as well as regulate aspects such as working hours, public holidays, and leave entitlements on top of hiring and firing practices.

Why You May Need a Lawyer

Legal advice can greatly assist in navigating employment law, whether you're an employer or employee. Employers might need a lawyer when they're seeking to terminate an employee's contract to ensure it is done lawfully and without exposing the business to potential lawsuits. Employees, on the other hand, may need legal help when they feel they've been wrongfully dismissed, or if they suspect a breach in their employment contract. A lawyer can also assist with understanding and negotiating employment contracts during the hiring process.

Local Laws Overview

Key aspects of hiring and firing in Toa Payoh fall under the Employment Act and the Tripartite Guidelines on Fair Employment Practices. The Employment Act sets basic terms and conditions for employment covering issues such as working hours and days off. The Tripartite Guidelines call for merit-based hiring and maintaining a fair and progressive workplace. It's important to note under the Fair Consideration Framework; employers must demonstrate that they've considered all candidates fairly. Additionally, termination of employment must adhere to specific guidelines. For instance, due notice or salary in lieu must be given, and any unlawful dismissals can be contested in the Employment Claims Tribunals.

Frequently Asked Questions

What are the grounds for dismissing an employee?

An employee can be dismissed on grounds of misconduct, poor performance, or redundancy. However, employers must provide due process before dismissal, which includes investigation, show-cause letter, and giving the employee a chance to improve.

What counts as wrongful dismissal?

Wrongful dismissal is when an employee is let go without just cause or excuse or if the termination process was unfair. This includes not providing proper notice or discrimination.

What are my rights if I'm dismissed?

If you're dismissed, you're entitled to notice or salary in lieu of notice, all outstanding salary payment and pro-rated annual leave payment. If it is wrongful dismissal, you can seek redress at the Employment Claims Tribunals.

Can my employer terminate my contract without notice?

Under normal circumstances, no. However, if the employee has engaged in serious misconduct such as theft or fraud, an employer might be entitled to dismiss without notice.

Is there a law against workplace discrimination in Toa Payoh?

Yes, the Tripartite Guidelines on Fair Employment Practices prohibit discrimination against employees based on factors such as age, race, gender, religion, marital status and disability.

Additional Resources

The Ministry of Manpower's (MOM) website provides extensive resources on Singapore employment law. Likewise, the Tripartite Alliance for Fair and Progressive Employment Practices (TAFEP) can be referred to for guidelines on fair employment practices. Legal clinics, both free and paid, also regularly offer assistance with employment law issues.

Next Steps

If you believe that you need legal advice or assistance with hiring and firing in Toa Payoh, it is recommended to first consult with employment law clinics or legal services. These consultations can help you understand your situation and recommend any further steps that may need to be taken, such as legal action. If you're facing a serious issue like wrongful dismissal, it's crucial to approach a lawyer as soon as possible to ensure your rights are protected.