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The Employment Act covers every employee (regardless of nationality) who is under a contract of service with an employer, except:
- Any person employed in a managerial or executive position who earns a basic monthly salary of more than $4,500;
- Any seafarer;
- Any domestic worker; and
- Any person employed by a Statutory Board or the Government.
Part IV of the Act, which provides for rest days, hours of work and other conditions of service, applies only to:
- Workmen earning not more than $4,500 basic monthly salaries; and
- Other employees (other than workmen) covered under Employment Act earning not more than $2,500 basic monthly salaries (Note: basic salary excludes overtime, bonus, Annual Wage Supplement, productivity incentive payment, reimbursement for special expenses and any allowances).
Note: Part IV of the Employment Act does not cover managers or executives.
Managers and executives are employees with executive or supervisory functions. These functions include the authority to influence or make decision on issues such as recruitment, discipline, termination of employment, assessment of performance and reward, or involvement in the formulation of strategies and policies of the enterprise, or the management and running of the business. They also include professionals with tertiary education and specialised knowledge/skills and whose employment terms are comparable to those of managers and executives. Professionals such as lawyers, accountants, dentists and doctors whose nature and terms of employment are comparable to executives would generally be deemed as such, and hence they would not be covered under the Act.
A workman is an employee whose work involves manual labour. This includes a worker who falls under any of the following categories: Any person, skilled or unskilled, doing manual work, including any artisan or apprentice but excluding any seaman or domestic servant; Any person, other than clerical staff, employed in the operation or maintenance of mechanically propelled vehicles that transport passengers, for hire or commercial purposes; Any person employed to supervise any workman and perform manual work. However, this is subject to the requirement that the time spent on manual work must be more than half of the total working time in a salary period; or Any person specified in the First Schedule of the Employment Act, namely: Cleaners; Construction workers; Labourers; Machine operators and assemblers; Metal and machinery workers; Train,bus, lorry and van drivers; Train and bus inspectors;and All workmen employed on piece rates at the employer's premises.
这些是我从MOM网站抄来的,有兴趣的甚至可以去看整个Act。
这个Act不包含的四类里面,后三类好理解,可能有对应的法案。但是第一类
Any person employed in a managerial or executive position who earns a basic monthly salary of more than $4,500;
这句话怎么理解?
Manager&Executive还有4500,是这两个要同时满足还是满足任何一项?
managerial & executive position的定义也给了的,我肯定有M&E不到4500和非M&E超过4500的职位。
另外Part IV里面那两个强制线——workmen的4500和non-workmen的2500,为何有这个区别?
Workmen的定义也写了,好像不是我们传统意义上的体力劳动者,或许翻成技术工人比较恰当?
强制线的出现,至少表明政府觉得他们是vulnerable的群体。将workmen和non-workmen区分开来也可以理解,但是高这么多?这其中有什么含意?
我只是好奇啊,大家好好讨论。
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