The future is now: the new world of work in Singapore

This article is produced by CMS Holborn Asia, a Formal Law Alliance between CMS Singapore and Holborn Law LLC.

As a result of COVID-19 and measures put in place in response to the pandemic, countries around the world – including Singapore – have adopted new innovations in the area of employment in a bid to keep their workers safe and productive. One such innovation is work from home.

Now, a year after the pandemic began, home-office remote work has proven so effective, many believe it will become a fixture of our post-pandemic future. But remote work raises a host of legal and administrative challenges. This article – based on the 9 March 2021 webinar The Future is Now: The New World of Work in Singapore and hosted by employment law experts Lakshanthi Fernando and Wei Ming Tan from CMS Holborn Asia – explores the impact of homeworking in Singapore for both workers and companies.

Work-from-home vs office-based work in Singapore

Compared to many countries, Singapore's vaccination programme and protective measures has enjoyed considerable success in controlling the spread of COVID-19 in the country.

Although COVID appears to be in retreat in Singapore, employment law expert Lakshanthi Fernando, a Partner with CMS Holborn Asia, states that the government still remains cautious concerning the health and wellbeing of the nation's workers, and as a result continues to promote remote working as a tool to protect employees.

"Working-from-home remains a default mode of working in most workplaces in Singapore", says Lakshanthi.

Despite falling infection levels in the country, workers are permitted to return to company offices to perform duties only if this is demonstrably vital to the company's operations, Lakshanthi explains.

Even where necessity has resulted in the return of specialised employees to the workplace, however, strict rules must be followed to ensure worker safety. For example, office premises cannot contain more than 50% of its pre-pandemic workforce.

So long as care is taken, "the government has allowed for flexibility in this regard", explains Lakshanthi, permitting measured returns to the office when "it is just not possible to complete the job working from home".

How to implement work-from-home arrangements

With COVID-19 likely to remain a threat for the foreseeable future and remote work certain to continue as a mode of employment after the pandemic is over, companies need to know how to properly initiate work-from-home arrangements.

In Singapore, working from home can be implemented in a variety of different ways, including sealing individual agreements with employees, amending internal company polices to include remote work, adding remote work to HR polices or making work-from-home a fixture of the employee handbook.

"There is a light touch approach to this from a regulatory perspective," explains Lakshanthi, "and a level of trust that employers know how and what to do in the best interests of their company" during this time of crisis.

Technically, an employer can "compel" a worker to perform duties at home in so far as there is no Singapore law prohibiting this. Lakshanthi admits, however, that issuing a work-from-home order may "not be helpful" for either a company or its employees. As a result, she says that in practice the approach adopted by Singapore businesses has been more collaborative in nature, with employers and employees "entering a dialogue" about the possibility of reaching a work-from-home agreement.

Lakshanthi recommends exercising sensitivity and balance in this matter due to the fact that many Singaporean workers live in multi-generational households (including parents and even grandparents) and will be focused on adopting a working routine that is also in the best interests of their families.

For the most part, she says, Singaporean businesses "want to do things that are in the best interests of employees" as well as "in the best interests of business".

Health and safety

In terms of regulations, no specific laws govern working from home in Singapore, although the Workplace Safety and Health Act (Cap. 354A) (the Act) sets down requirements for the workplace that also applies to employees performing their duties at home. According to the Act, businesses must put reasonable measures in place to ensure the safety of home-based workers since employers have the same duty of care towards remote workers as they do on-site workers.

Equipment and supplies

Singapore businesses have other obligations in the remote working arrangement that include providing home workers with the tools necessary to get the job done. According to Lakshanthi, this means providing "the necessary IT equipment to employees to conduct remote working and online collaboration", but she admits that no specific law mandates this.

"There is an expectation and a general regulation," she explains, "that employers provide the equipment that allows their employees to continue to work from home effectively".

When employees cannot work from home

Some business operations cannot be conducted remotely, making work-from-home impossible. In this situation, Lakshanthi states that businesses must demonstrate why their workers in the workplace are unable to do the same job at home even with a redesign of work processes.

Ultimately, the relevant authorities will review any decision by a company not to implement a remote-working system, and will focus on the "nature" of the business operations and the "practicality" of adapting these processes to the home environment.

Resources to support remote work

As some Singapore businesses struggle to adapt operations to a remote-working scheme, the government is providing some help, mainly in the area of publicly available resources. According to Lakshanthi, the Infocomm Media Development Authority (IMDA) offers "a list of digital solutions and resources" to smoothen the transition to remote working that businesses can access online.

Businesses can also apply for a Productivity Solutions Grant (PSG) that provides support for "business transformation", which a company can use to acquire the IT equipment and systems necessary to implement remote work.

Staff mobility: flexible work

As already stated, many remote workers in Singapore are returning to the offices temporarily to perform essential duties. This flexible approach may become even more commonplace during the pandemic, and a fact of life for many workers after the pandemic. Although Singapore has no specific laws mandating flexible work arrangements, the Tripartite Alliance for Fair and Progressive Employment Practices (TAFEP) has issued an advisory outlining progressive approaches that companies are expected to follow, including:

• Having senior management lead the way in implementing flexible work systems.
• Creating an environment where employees feel free to request a flexible work routine.
• When requests are made, evaluating applications for flexible work "fairly and objectively".
• Issuing answers to these applications in a timely manner.
• Ensuring that supervisors are trained to operate effectively within a flexible-working system.
• Drafting clear guidelines on implementing flexible work and communicating these protocols to staff.

According to Lakshanthi, the TAFEP Advisory recommends the following six-step programme for businesses wishing to implement flexible working systems.

Step 1 – assessing business needs: businesses must review the arrangements that need to be put in place to meet its operational needs and requirements.

Step 2 – assessing employee needs: businesses must review the work-life needs and requirements of its employees.

Step 3 – training supervisors: businesses must ensure that supervisors are able to work within the new flexible working system.

Step 4 – clear communications: businesses must make expectations clear to all involved.

Step 5 – execution: all these factors must be in place when a business launches the flexible work arrangement policy.

Step 6 – monitoring: businesses must monitor the new work arrangement to ensure that it is working in the best interests of employees and employers.

Health and safety in the business office

The pandemic has prompted the Singapore government to issue health-and-safety measures specifically designed to protect its workforce from infection by COVID-19.

As stated, the primary government directive is for companies to maintain work-from-home arrangements where possible. But for those companies forced to continue on-site operations during the pandemic, Singapore’s Ministry of Manpower has issued a series of regulations for companies, which include:

• Appointing a Safe Management Officer to oversee anti-COVID measures in the workplace.
• Ensuring that there is minimal physical interaction between workers and that social distancing in the workplace is maintained.
• Putting a contact-tracing system in place in the event that a worker becomes infected.
• Implementing the SafeEntry app nationwide, which includes a digital visitor registration system and a tracing system using QR codes and apps.
• Instructing all workers to wear masks and wash hands or use disinfectants regularly.
• Ensuring that workstations are regularly cleaned and disinfected.
• Implementing regular health checks for employees.

According to Wei Ming Tan, employment law expert and a Senior Associate with CMS Holborn Asia in Singapore, companies may face legal liability if they do not implement and maintain the Safe Management Measures.

In addition, companies should be aware that enforcement officers are closely monitoring the activities of businesses with on-site workers to ensure that companies are complying with safety regulations.

If a breach is detected – that is, if a company fails to implement any of the mandatory Safe Management Measures – the Ministry of Manpower may order that the company cease operations until compliance is achieved.

In addition, failure to comply with Safe Management Measures may be punishable by a fine of up to SGD 10,000 or imprisonment of up to six months, or both.

Contact tracing in the workplace

"A big part of the effort in containing the spread of COVID-19 infections is contact tracing," explains Wei Ming.

According to Lakshanthi, contact tracing for Singapore companies is made up of two components: the SafeEntry and TraceTogether systems, which are used to identify all persons who may have been in contact with an individual testing positive for COVID-19.

SafeEntry: This national digital visitor registration system "logs the details and contact information of individuals visiting hotspots, workplaces, enterprises and select public venues", explains Lakshanthi.

When individuals enter these locations, QR codes or associated apps are scanned, which records their presence and aids in any tracing. Implementing SafeEntry is mandatory for all businesses.

TraceTogether: This is a national programme that has created a Singapore-wide community-driven contact tracing system, which is connected to a database that stores location data for up to 25 days.

Digitalisation

Given that work-from-home is dependent on technology, businesses are under pressure to hasten the digitalisation of their operations. According to Lakshanthi, digitalisation is such a "hot topic" that the Singapore government has launched an initiative to accelerate its growth.

One arm of this initiative is being administered by the IMDA, and focuses on spreading "digital inclusion" and "digital opportunities for both workers and businesses". Under digital opportunities, workers are trained to take on information and communication technology (ICT) roles. Further, the IMDA offers the Digital Resilience Bonus, which offers enhanced digitalisation assistance to companies in the food and beverage services and retail sectors.

Regarding "digital inclusion", there is training for seniors and the Hawkers Go Digital programme, which encourages stallholders in hawker centres to install e-payment systems, which can make this sub-sector of the food and beverage market safer during the pandemic.

The second arm of the initiative is the SkillsFuture for the Digital Workplace programme, which offers workers two days of state-of-the art training in various IT areas.

According to Lakshanthi, programmes such as these are strengthening the resilience of the Singaporean economy amid the pandemic and positioning Singapore businesses to emerge from this crisis in a position of strength instead of weakness.

For more information or advice on implementing remote work and work from home in Singapore, contact your CMS client partner or local CMS experts.