Esplanade Law LLC

HR documents drafted by lawyers who know how disputes are won and lost on those same documents.

Key Employment Terms and employment contracts

Why do you need Key Employment Terms? The Employment Act 1968 requires you to give written Key Employment Terms within 14 days of the start of employment to every employee employed for 14 days or more, and to issue itemised payslips. This is mandatory, and MOM imposes administrative penalties where Key Employment Terms or payslips are missing.

What we provide: Key Employment Terms, contract and handbook aligned so they do not contradict each other; restrictive covenants drafted with enforceability in mind.

Employee Handbook and Code of Conduct

Why do you need an employee handbook? No statute requires one, but it is how you put into practice your obligations under the Employment Act, the Tripartite Guidelines on Fair Employment Practices (TGFEP), the PDPA and, once in force, the Workplace Fairness Act. When a dispute arises, the handbook is the first place a tribunal looks to see what you told your staff.

Why it matters: An outdated handbook, for example one that ignores the Tripartite Guidelines on Flexible Work Arrangement Requests (effective 1 December 2024), can undermine disciplinary decisions.

  • Handbook (English / 中文)
  • Employee acknowledgement form

Grievance & Disciplinary Procedures

Why do you need grievance and disciplinary procedures? If you dismiss an employee without due process, even one who is guilty of misconduct, you may be in breach of your duty as an employer to provide due process. That opens you up to being sued, and you can be liable for damages even though the employee was at fault. This is a common mistake we see, even with MNCs. Once in force, section 27 of the Workplace Fairness Act 2025 will also require a written grievance process for employers with 25 or more employees.

What we provide: Procedures you can prove you followed, written by litigators.

  • Procedures plus show-cause, inquiry and outcome letter templates

Why you need it

Employment is the most heavily regulated relationship most companies have. The Employment Act 1968 requires written key employment terms within 14 days for employees employed 14 days or more (section 95A), itemised payslips (section 96), and due inquiry before dismissal without notice for misconduct (section 14). On top of that sit the Tripartite Guidelines on Fair Employment Practices, which MOM enforces in practice, the FWA request guidelines in force since 1 December 2024, the PDPA as it applies to employee data and, once it commences, the Workplace Fairness Act 2025. Missing Key Employment Terms or payslips attract administrative financial penalties from MOM. The larger exposure is in disputes, and disputes are decided on paper: what the contract said, what the handbook said, whether the employer followed its own process.

An employer that dismisses for misconduct without a documented due inquiry risks a wrongful dismissal finding and compensation or reinstatement orders. A handbook that ignores the FWA guidelines can make a sound decision look procedurally unfair. Restrictive covenants are where template and AI drafting fails most often: clauses copied from foreign precedents are regularly struck down by Singapore courts as unreasonable restraints of trade, and the business finds out it has no protection at the moment a senior employee leaves with the customer list. We have also seen suites where the contract said one notice period and the handbook said another. A claimant's lawyer finds that contradiction in minutes.

Once the Workplace Fairness Act 2025 is in force, employers with 25 or more employees must keep a written grievance-handling process (section 27), with civil penalties and possible officer liability behind it. On the horizon: MOM has said it will publish its Employment Act review findings in the second half of 2026, and the Workplace Fairness Acts are intended to take effect in 2027. Documents drafted now should anticipate both.

How we help

We draft as litigators who act in employment disputes, and that changes what the documents say. Every procedure is written so the employer can later prove it was followed. Show-cause letters, inquiry records and outcome letters come with the suite. Restrictive covenants are drafted against Singapore enforceability doctrine, not copied from foreign forms.

Because we see the whole suite at once, we remove the contradictions that templates accumulate between Key Employment Terms, contract and handbook. We also advise which parts of the handbook should be contractual and which should stay policy the employer can amend. Templates do not draw that distinction. Cases turn on it.

Our advice on your risks is privileged. If a dispute arises, the same team can advise through MOM and TADM mediation and act in the High Court. An annual refresh keeps the suite current as tripartite guidelines change and the Workplace Fairness Act commences.

FAQ

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The information on this page is general information only and is not legal advice. The law changes and develops over time, and nothing on this page creates a solicitor–client relationship. For advice on your own situation, please contact us.