The following new regulations have recently been promulgated and gazetted.
- The Workers’ Rights (Amendment of Schedule) Regulations 2019 – Pursuant to these regulations, employers are not required to make any specific contribution to the Workfare Programme Fund. Instead, the training levy that is already payable under the Human Resource Development Act will be partly used to finance the Workfare Programme Fund.
- The Workers’ Rights (Atypical Work) Regulations 2019 – These regulations concern “atypical workers”, i.e. those who work under non-standard agreements. In our view, whether a person falls in the category of “atypical workers” must be considered on a case by case basis, and involves a careful analysis of the terms and conditions of their agreement and the framework within which they provide their services. In particular, it would be appropriate for employers to consider the possibility that certain so-called “freelancers” or “independent service providers” might be recharacterised as atypical or non-standard workers, as it has been the case in other jurisdictions. Our team is available for discussions relating to specific cases.
- The Workers’ Rights (Seed Capital) Regulations 2019 – These regulations do not relate to employers’ obligations.
- Remuneration Regulations 2019 – 31 new remuneration regulations have been made and are effective from 24 October 2019. In particular, remuneration regulations have been made for the first time for the ICT and other related services (including BPOs) sector. Previous remuneration regulations and remuneration orders have been repealed. Our team is available for any advice you may require regarding the impact of theses remuneration regulations on your business.
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