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Course Information

Start Date17 Jan 2019, Thursday
End Date18 Jan 2019, Friday
Time09:00 am - 05:00 pm
Venue100 Orchard Road, Concorde Hotel Singapore
Fee$1200 nett (Inclusive of hotel buffet lunch, light refreshments and course materials)
Contact6720 3333 (Ms Chye Fen) chyefen@asm.edu.sg
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17
Jan 2019

Employment Law in Singapore

INTRODUCTION

The Employment Act is the key piece of legislation governing employment relations in Singapore. It is therefore critical that all employers and employees and those who deal with employment matters are intimately familiar with the relevant legislation and subsidiary legislation, including all recent changes. The consequences for not being fully familiar with and compliant with the Employment Act and all other relevant legislation and subsidiary legislation include various criminal sanctions and potential legal action against those parties in breach. Companies and individuals lose considerable sums of money being sued in Court because of a lack of understanding of the relevant law of employment. It is hoped that this two-day course which adopts a practical perspective will effectively communicate the relevant legal principles to the attendees.

Why Attend this Practical Workshop?

The course is specially designed so that the participants appreciate the complexities of the law of employment which is a difficult and layered subject encompassing a diverse number of aspects.

There will be discussion of matters as wide-ranging as express terms and implied terms, the law relating to restraint of trade and the law relating to termination among others.

Apart from the principles of employment law which will be addressed from a practical perspective, there will be many case studies to illustrate the principles in action.

Who Must Attend?

All persons in organizations, whether large or small companies or small business owners who are responsible for the employment of one or more employees. These include Company Directors, HR Directors and Managers, Administrative Officers and Company Secretaries.

Those who are employees will also find the course useful as it is important to understand their rights and obligations.

Testimonials

“Mr Namazie is very eloquent & is able to engage the attendees well. The trainer was able to provide practical examples that will serve as a reference for me in my current job” – A*STAR / Institute of Materials Research & Engineering

“Khaleel is able to articulate complex legal jargons and translate it in a simple & concise manner during delivery!” – Procter & Gamble

Program Outline

Introduction to Employment Law in Singapore

  • Review of employment legislation
  • The development of employment law by the Courts

Rights Under the Employment Contract and the Law

  • The employee and the independent contractor
  • Rights of employers, employees and independent contractors
  • Rights of employers and employees under the Employment Act

The Terms of the employment contract

  • Incorporation of terms
  • Express terms and their interpretation
  • Terms implied by statute law and the common law
  • Variation of terms
  • Case studies

How to Effectively Handle the Termination of Employees

  • Types of termination clauses in employment contracts
  • Summary dismissal and constructive dismissal
  • Garden leave
  • Issues to be considered before initiating termination
  • The rights of the respective parties upon termination
  • Liability for breach of the employment contract
  • Drafting employment contracts to minimize disputes
  • Case studies

Restrictive Covenants in Employment Contracts

  • Non-competition clauses
  • Non-solicitation clauses
  • The attitude of the courts towards the enforceability of such clauses
  • Case studies

The Enforcement of Confidentiality Clauses in the Employment Contract

  • Confidential information and trade secrets
  • The confidentiality clause and the non-disclosure agreement
  • Remedies for breach of confidentiality including injunctive relief
  • The Personal Data Protection Act
  • Case studies

Harassment, Bullying and Other Misconduct

  • Identifying workplace bullying and harassment
  • The investigative process
  • The Protection from Harassment Act
  • Case studies

Retirement and Retrenchment

  • The Retirement and Re-employment Act
  • Structuring an effective post retirement workforce
  • What constitutes retrenchment
  • When does the right to retrench arise
  • When is an employee entitled to retrenchment benefits

Insolvency and Change of Control and its Effect on the Employment Contract

  • The effect of judicial management
  • The impact of a winding up
  • The change in control clause

Litigation and Alternative Dispute Resolution

  • Introduction to the litigation process
  • Overview of mediation and arbitration
  • Pros and cons of mediation, arbitration and litigation
Trainer: Mirza Khaleel Namazie, Advocate & Solicitor (Singapore)

Khaleel was admitted as an Advocate & Solicitor of the Supreme Court of Singapore in 1994. He is also a member of the Law Society of England & Wales. He read for a Bachelor’s Degree in Law at the National University of Singapore and for a Master’s Degree in Computer and Communications Law at Queen Mary & Westfield College, University of London, the component subjects which were Information Technology Law, Intellectual Property Law, Telecommunications Law, Electronic Banking Law and Internet Law.

Apart from his experience in advising local and international clients in private practice on a variety of commercial, corporate and litigation matters, Khaleel worked in the Asia Pacific Legal Department of Hewlett-Packard Singapore Pte Ltd as a Commercial Contracts Manager with special responsibility for the Asia Emerging Countries of Pakistan, Bangladesh and Vietnam and with Singapore Telecommunications Limited as Senior Legal Counsel as part of the SingTel Global Offices team. During that time, he was also responsible for negotiating the legal aspects of a number of high value telecommunications and IT agreements with a significant number of Fortune 500 companies.

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