Application for Exemption to Implement Flexible Work Schedule

A company which intends to implement a flexible work scheme must obtain the approval of the Commissioner for Labour for exemption from the relevant provisions of the Employment Act: Sections 37(2) or (3), 38(4), 40(4) and 42(4). The application, to be made in writing to the Commissioner, must be submitted at least 2 months before the date of implementation and include the following information:

1. Particulars of Company
   Submission should include name of the company, registration number of company with Accounting and Corporate Regulatory Authority (ACRA), registered and operating address, contact number, person in charge of the application/scheme
   
   
2. Nature of company’s business
   Application should also include information pertaining to the business activities of the company
   
   
3. The reason(s) for application
   Company should explain the need for exemption and be able to support its proposal by providing information relating to its operations, products and services that are seasonal or fluctuating in nature and thus requires flexible work schedules
   
   
4. The date of implementation
   The commencement date of the scheme should be indicated in the application
   
   
5. Name of union (if unionized)
   
   
6. Number and name list of employees affected by the scheme
   
   
7. Nature of work of affected employees
   Company should in its application provide the job designation, department and job description of the employees who would be affected by the scheme
   
   
8. Written agreement/consent
   The application should include written agreement/consent from the union(s) or affected employees (in the case of non-unionised companies) to support the flexible work scheme. The agreement/consent should indicate that the scheme has been clearly explained and communicated to the affected employees. It should be signed by both parties and should comprise the following: -
   
   
   • Monthly salary, average overtime earnings over a period of time (e.g. 6 months or 1 year), payment date and payment details (salary period)
   • Contractual working hours and days per week, specifying any rest period or any period which the worker is not required to work under certain circumstances
   • Monthly/2-monthly/Quarterly Roster
   • Annual Leave Entitlement
   • The required working hours, both maximum and minimum
   • Procedures for notifying the employees and supervisors in urgent situations
   • The required notice period for termination of employment and formula in calculating the salary in lieu of notice
   • Incentive Package
   • Opt out procedures/form
     
     
9. Detailed proposal of scheme
   Company, in its application, should include information such as the percentage of overtime cost over its total manpower cost, the date where payment for overtime work would be made to the employees (i.e. payment for overtime work could be computed beyond 3 weeks but not more than 13 weeks), etc.

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