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SINGAPORE – New Tripartite Guidelines on Flexible Work Arrangements
Singapore’s Ministry of Manpower (MOM) recently announced that the Tripartite Guidelines on Flexible Work Arrangement Request (Guidelines) will come into effect on 1 December 2024 and replace the existing Tripartite Advisory on Flexible Work Arrangements.
Under these Guidelines, which set out how employees should request for FWAs and use them and how employers should handle FWA requests, employers are required to fairly consider formal requests for flexible work arrangements (FWAs).
What are the different FWAs categories covered?
Under the Guidelines, FWAs are defined as work arrangements where employers and employees agree to a variation from a standard work arrangement. The three broad categories of FWAs are:
- Flexi-place (e.g., telecommuting, work-from-home),
- Flexi-time (e.g., staggered work hours, flexible shifts), and
- Flexi-load (e.g., job sharing, part-time work).
Eligibility criteria
Employees who have completed probation can submit a formal FWA request which must be considered by their employers. While employers can consider FWA requests from employees on probation, they are not required to do so.
Where an employer has not stipulated the requirements or process for submitting a formal FWA request, their employee may make a formal FWA request in writing. The request should minimally include the following information:
- date of request;
- the FWA requested for, including frequency and duration;
- reason for request; and
- requested start date and end date (if applicable).
A FWA request will be considered invalid and will not be covered under the Guidelines if it:
- does not comply with the employer’s stipulated requirements or process for formal FWA requests;
- is not in writing, or does not include the minimum information set out above.
How to formalize a FWA request?
While these Guidelines encourage employers to offer FWAs to employees, they are not required to do so. This means that the Guidelines will cover the processes to submit and evaluate formal requests for FWA, but will not govern the outcome of the FWA.
A formal decision must be made within two months of receiving the request and can only be rejected on legitimate business grounds. The Tripartite Alliance for Fair and Progressive Employment Practices (TAFEP) will monitor adherence, focusing on providing guidance and support rather than punitive actions. Employers failing to comply may be mandated to participate in corrective workshops.
Businesses should pay close attention to the Guidelines and commence development of the necessary processes to comply with them before 1 December 2024.
SOURCE: ORBIS