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A: Generally, any person who works and is based in Singapore under an employment contract with an employer would be able to claim protection under Singapore’s labour laws, says employment lawyer Laure de Panafieu.
Employees can do so regardless of where their employer is based, even if they work remotely, adds Ms de Panafieu, who is Asia head of employment and incentives at global law firm Linklaters.
“Singapore’s Employment Act, which is the country’s primary labour law, applies equally to both foreign and local employers, and does not differentiate between remote and in-person roles,” she says.
However, employers and employees who expressly agree in an employment contract that the provisions of a foreign law apply because they relate to the employee’s underlying work and employment relationship more than Singapore’s will be bound by that agreement, she notes.
Indicators that may clarify to a layman which country’s laws apply include a “governing law” clause in the employment contract that spells it out, says Ms de Panafieu.
If there is no such clause, other relevant but non-exhaustive factors include...
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