Employment guide for the security industry

1 EmploymentGuide for theSecurity IndustryInformation forSecurity Agencies & security OfficersDesign and Produced by C2 Design StudioIntroduction02 Employment Contracts, Discipline & Termination- Employment Contracts03- Discipline05- Termination07 Salary Issues- Payments12- Deductions14- CPF Contributions17- Calculations18 Hours of Work and Overtime Payments23 Rest Days and Public Holidays- Rest Days27- Public Holidays28- Payments for Rest Days and Public Holidays30 Annual Leave, Sick Leave and other Leave Arrangements- Annual Leave32- Sick Leave34- Maternity Leave36 Part-time Employment37 Resolving Disputes 47 Index of Topics and Questions49 Basic Employment Checklist for Employers and Employeesin the security Sector51 Sample of contract Employment Agreement52 For questions marked with a * , this denotes mandatory aspects that employersand employees ought to be aware of with regards to the Employment Contracts, Discipline and Termination03 Employment ContractsWhat is a contract of service?

2 A contract of service creates the relationship between an employerand an employee. It is a written or oral agreement containing theterms and conditions of Employment . It can be in the form of a letterof should be included in the contract of service?The contract of service should state the terms and conditions of should include: - Job title and description- Scope of work/job- Date of appointment/commencement of work- Basic salary and overtime payments- Other allowances- When salary/allowances will be paid- Hours of work per day/Shift patterns- Rest day- Time for meals- Annual Leave- Termination of Employment /dismissal for misconductWhat are the types of Employment applicable inthe security industry ?The types of Employment offered by employers are common to allindustries and are generally categorised as full-time or part-timeemployment. These are defined as follows:An employee who is required under his contract ofservice with an employer to work for not less than30 hours a employee who is required under his contract ofservice with an employer to work for less than30 hours a week.

3 *Q2*Q3 Part-timeemployeeFull-timeemployee*Q104 Employment Contracts, Discipline and Termination*Q4*Q5Is the Employment of a security officer covered by theEmployment Act?The Employment Act covers employees employed under a contractof service with an employer. security officers would therefore fallunder the Employment Act. However, if the employee is in a managerial,executive or confidential position, the Act will not apply and he wouldhave to rely purely on his Employment contract , to determine the termsof his the terms of Employment in a contract of service be lessfavourable than those stated in the Employment Act?No. Any term which is less favourable than the relevant provisionsof the Employment Act is illegal, null and void. The provision in theAct will take precedence over a particular contractual term that isless :Rajoo is employed as a security officerdrawing a monthly salary of $1, letter of appointment states thathe is entitled to paid annual leaveonly after two years of service.

4 Is thisclause valid?No, the annual leave clause in Rajoo sappointment letter is void. Under theEmployment Act, Rajoo is entitled topaid annual leave after he has servedhis employer for a period of notless than 3 months. 05 Employment Contracts, Discipline and TerminationBy SecurityOfficerBy SecurityAgency Q6*Q7If the security officer is paid on a daily rated basis, is he afull-time staff or a casual worker?The mode of payment of salary does not determine whether the workeris full-time staff or casual worker. It is a salary payment arrangementbetween the employer and his worker. The employer may decide ona salary structure based on a daily rate; or weekly rate; or monthly rateof payment. For example a full-time worker s salary can be based ona daily rate or monthly rate of pay. As for a casual worker, salary wouldbe based on a daily rate to facilitate payment on a daily, weekly ormonthly full-time security officer is one who is required under his contractof service with an employer to work for not less than 30 hours a , an officer who works as a casual worker is one who is notunder any contract of service with an employer.

5 He works for a fewhours in one day or the whole day with no expectation of further workor until the employer makes another security officer, so long as he is employed by the security agency,is under the coverage of the Employment Act. This includes full andpart time employees as well as relief security officers. As such, theyare entitled to the benefits allowed for in the provisions of theEmployment is a contract deemed to be broken?Breach of ContractFailure to pay salary within 7 days after the salaryis from work for more than 2 working dayscontinuously without approval or good excuse andwithout informing or attempting to inform hisemployer of the excuse for such absence. 06 Employment Contracts, Discipline and Termination*Q8 What action can the security agency takewhen a security officer is guilty ofmisconduct? The security agency must hold an inquiry intothe misconduct. If, after the inquiry, the securityofficer is found guilty of the misconduct, thesecurity agency may:(a) dismiss the security officer; or(b) instantly downgrade the security officer (with no pay reduction); or(c)instantly suspend him from work without payment of salary for a period not exceeding one security officer cannot demand that thesecurity agency conduct an inquiry beforedismissing.

6 If a security officer is dismissedwithout an inquiry being conducted, he maydecide to exercise his rights under the Act toappeal to the party who breaks the contract will have to pay the other partysalary in lieu of :(a) ABC security Agency pays Allan s salary 12 days after the salaryis due. In this case, the security Agency has breached the contractas it fails to pay his salary within 7 days after the salary is due.(b) Siva fails to report for work for a continuous period of 4 days. He has also failed to seek approval or attempted to inform hisemployer of his absence. In this case, Siva has been absent fromwork for 4 days continuously and has therefore breached hiscontract. In both situations, the party who broke the contract is liable to paythe other party salary in lieu of Contracts, Discipline and TerminationDoes an employee have any redress if he feels that he has beendismissed without just cause or excuse by his employer?

7 Yes. He may within one month of his dismissal, appeal to the Ministerfor Manpower to be reinstated to his former Employment . The appealmust be in writing and should state the reasons why he feels that hehas been dismissed without just the security agency or the security officer terminate acontract of service?Yes. The security agency or the security officer can terminate a contractof service. The party who intends to terminate the contract should givenotice to the other party. Such notice must be in writing and the dayon which the notice is given shall be included in the notice should be the notice period for termination of contract ?The notice period to be given depends on what is agreed in the length of the notice period must be the same for both parties. Ifno notice period is previously agreed or included in the contract , thefollowing notice period stated in Section 10(3) of the Employment Actshall apply:*Q10*Q11*Q12*Q9 During an inquiry, can the employer suspend the security officerfrom work and also not pay his salary?

8 During an inquiry, the security agency may suspend the security officerfrom work for a period not exceeding one week in order to carry outinquiry into the alleged misconduct. However, during the period ofsuspension, he should be paid not less than half his salary. If the inquirydoes not disclose any misconduct on the part of the officer, the agencyshall restore to the officer the full amount of salary that was the inquiry the security officer must be told clearly whatcontractual breach he has committed. He must also be given sufficientopportunities to defend himself, have access to documents tenderedagainst him and to cross-examine the witnesses, if Contracts, Discipline and TerminationLength of Service Notice PeriodLess than 26 weeks 1 day26 weeks to less than 2 years 1 week2 years to less than 5 years 2 weeks5 years or more 4 weeksExample:Jason has served ABC security agency for 1 year and 10 months.

9 He intends to resign but there is no period of notice for terminationof contract in his letter of appointment. How much notice does heneed to give?Since there is no previous agreement and no notice period includedin the contract , Jason can follow the provisions in the EmploymentAct and give 1 week s notice to his either party terminate a contract of service without givingany notice?Yes. The security agency or the security officer may do so by payingthe other party a sum equal to the amount of salary which would havebeen earned by the employee during the required period of notice. However, subject to mutual agreement, either party may waive thenotice period without payment of salary in lieu of :Peter s contract provides the notice period for termination of contractas 1 week. He resigns without giving any notice. He therefore hasto pay his employer 1 week s salary in lieu of notice of , if he and his employer mutually agree to waive the noticeperiod, Peter can leave Employment without serving the notice andwithout having to pay the 1 week s salary.

10 Q1309 Employment Contracts, Discipline and TerminationCan the security agency terminate the Employment of a securityofficer without giving notice of termination and without payingsalary in lieu of notice?Yes. The security agency may, dismiss the security officer if: he has been continuously absent from work for more than 2 dayswithout prior leave or without reasonable excuse; or without informing his security agency of his absence; or he is, after an inquiry, found guilty of misconduct by failing to comply with the expressed or implied conditions of his the security agency or the security officer terminate thecontract of service without completing the required noticeperiod?Yes. He may do so by paying the other party a sum equal to the amountof salary which would have accrued to the other party for the balanceof the required notice :Jack is required under his contract to give 1 week s notice for terminationof contract .