Employment Act 1968 · 2020 Revised Edition · Part 12 · Registers, Returns and Other Documentary Requirements
95A. Employers’ obligation to give record of key employment terms
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This section only applies to, and in relation to, every employee —
employee
“employee” means a person who has entered into or works under a contract of service with an employer and includes a workman, and any officer or employee of the Government included in a category, class or description of such officers or employees declared by the President to be employees for the purposes of this Act or any provision thereof, but does not include any of the following:(a)any seafarer;(b)any domestic worker;(c) (d)any person belonging to any other class of persons whom the Minister may, by notification in the Gazette, declare not to be employees for the purposes of this Act;
who enters into a contract of service with the employer on or after 1 April 2016; and
who is employed under that contract for a period not shorter than the prescribed minimum period of service.
An employer must give each employee of the employer a written record of the key employment terms of the employee not later than 14 days after the day that the employee starts employment with the employer, or within such other period as may be prescribed in substitution.
employer
“employer” means any person who employs another person under a contract of service and includes —(a)the Government in respect of such categories, classes or descriptions of officers or employees of the Government as are declared by the President to be employees for the purposes of this Act;(b)any statutory authority;(c)the duly authorised agent or manager of the employer; and(d)the person who owns or is carrying on or for the time being responsible for the management of the profession, business, trade or work in which the employee is engaged;
The requirement to give a written record of key employment terms to an employee in subsection (2) is satisfied if —
an electronic record containing the key employment terms is provided in a manner that enables the information contained in the electronic record to be accessible and useable by the employee for subsequent reference; or
the key employment terms are published on an Internet website —
which is authorised by the employer and readily accessible to the employee; and
which address is disseminated by the employer to the employee.
To avoid doubt, subsection (3) does not limit any other manner of giving to an employee a written record of the key employment terms of the employee.
An employer is taken to have failed to comply with subsection (2) if the written record given is incomplete or inaccurate, whether or not the employer knew that the record is incomplete or inaccurate.
The Minister may, by order in the Gazette and subject to such conditions as are specified in the order, exempt from any provision in this section —
any class of employers specified in the order, in respect of all employees; or
all employers or any class of employers, in respect of any class of employees, specified in the order.
In this section, “key employment term”, for an employee, means any type of term of employment contained in a contract of service between an employer and the employee that is prescribed to be a key employment term.
contract of service
“contract of service” means any agreement, whether written or oral, express or implied, whereby one person agrees to employ another as an employee and that other agrees to serve his or her employer as an employee and includes an apprenticeship contract or agreement;