Employment (Retrenchment Reporting) Notification 2019

No. S 200

Employment Act

(CHAPTER 91)

Employment
(Retrenchment Reporting)
Notification 2019

In exercise of the powers conferred by section 96A(1) of the Employment Act, the Commissioner for Labour makes the following Notification:

Citation and commencement

1. This Notification is the Employment (Retrenchment Reporting) Notification 2019 and comes into operation on 1 April 2019.

Definitions

2.—(1) In this Notification —

“employer” means an employer with 10 or more employees;

“reporting period” has the meaning given by paragraph 3(1)(b);

“retrench”, in relation to an employee, means to terminate the employee’s contract of service at the initiative of the employer because of redundancy or any reorganisation of the employer’s profession, business, trade or work;

“retrenchment report” means a report required by this Notification to be given by an employer to the Commissioner containing the information about the retrenchment of any employee by that employer;

“working day” means a day other than a Saturday, Sunday or public holiday.

(2) In this Notification, any reference to an employee is a reference to an employee who has or works under a contract of service (whenever made) —

(a)	that does not specify an end date for the contract; or
(b)	that has a term of employment of at least 6 months.

(3) Whether or not an employer has 10 or more employees is to be worked out as at the time when a notice of retrenchment is given by the employer to an employee who becomes retrenched, regardless when the notice takes effect.

Retrenchment report to be given to Commissioner

3.—(1) Every employer must give to the Commissioner a retrenchment report if —

(a)	the employer gives any of its employees a notice of his or her retrenchment, regardless when the notice takes effect or when the employment ends; and
(b)	within the preceding period of 6 consecutive months ending on the date the notice in sub‑paragraph (a) is given (called a reporting period), the employer has given 5 or more of its employees notices of their respective retrenchments.

(2) Every retrenchment report by an employer for a reporting period must contain the information specified in the Schedule in relation to every employee who is given a notice of retrenchment in that period by the employer.

(3) However, no retrenchment report has to be given in relation to any employee who was the subject of a retrenchment report for any earlier reporting period.

Time of retrenchment report

4. Every retrenchment report for a reporting period must be given to the Commissioner not later than 5 working days after the last day of the reporting period.

Form of retrenchment report

5. Every retrenchment report must be in the form provided at the website of the Ministry of Manpower at http://www.mom.gov.sg, unless the Commissioner allows otherwise in any particular case.

Made on 29 March 2019.

AUBECK KAM

Commissioner for Labour,
Singapore.

[WPSD/ESLR/20190328; AG/LEGIS/SL/91/2015/11 Vol. 1]

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