An Overview
The relationship between employer and employee is regulated
largely by the contract of employment between them. Generally,
under Singapore law, parties are free to contract as they choose
and any matters arising between them would have to be resolved by
looking at either the express and/or implied terms of the contract
in question. However, the law imposes certain limits on this
freedom to contract.
The sources of these limits include common law and statutes such
as the Employment Act (Cap. 91) ("EA"),
first passed in 1968, with the latest amendments coming into effect
on 1 April 2019. The EA sets a minimum standard for the key / basic
terms and conditions of a given employment contract. Therefore, the
terms of an employee's contract of service must be at least
equal to, or more favourable than the provisions in the EA. Any
term that is less favourable is rendered illegal, null and void to
the extent that it is less favourable.
