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Employee Absent Without Leave: What a Singapore Employer Can Do When Staff Stop Turning Up

Rows of empty office chairs at unoccupied cubicle desks, representing an employee who has stopped coming to work

If an employee is absent from work for more than two days in a row without the employer’s prior leave, and either has no reasonable excuse or does not inform or try to inform the employer of the excuse, the employee is deemed to have broken the contract of service under section 13(2) of the Employment Act 1968. That gives the employer grounds to treat the employment as ended. But the law does not end the employment automatically, and acting too fast on an employee who is in hospital or caring for a sick relative can lead to a wrongful dismissal claim. The safe approach is to try to make contact, document every attempt, give a clear written deadline, and only then confirm the termination in writing and settle final pay.

Rows of empty office chairs at unoccupied cubicle desks, representing an employee who has stopped coming to work
An empty desk is not yet a resignation: the employer’s next steps should be careful and documented. Photo by kate.sade on Unsplash

This guide is for business owners and HR managers dealing with a “missing” employee, including foreign employees on work passes.

What section 13(2) actually says

The provision has three parts, and all must be satisfied:

  1. The employee is absent from work for more than 2 days continuously;
  2. Without prior leave from the employer; and
  3. Either the employee has no reasonable excuse, or the employee does not inform and does not attempt to inform the employer of the excuse.

An employee who is genuinely ill and sends a message, or whose family calls in, has at least attempted to inform the employer. An employee who simply disappears has not. Many employment contracts and handbooks set their own rules (for example, notifying a manager before 9am on each day of absence); check them, because they help show what the employee knew was expected. Our employment contracts guide covers how to draft these terms.

Step-by-step: what to do when someone stops turning up

  1. Day 1: try to reach the employee. Call, text, WhatsApp and email using the contact details on file. Note the time and method of each attempt.
  2. Day 2: contact the emergency contact. Check whether the employee is unwell, hospitalised or has had an accident. If you are genuinely worried about their safety, consider asking the police for a welfare check.
  3. Day 3 onwards: send a written notice. Write to the employee’s personal email and home address. State the dates of absence, ask them to explain and return to work, and set a reasonable deadline (for example, three working days). Say that if you do not hear from them, the company will treat them as having broken their contract under section 13(2) and will end the employment.
  4. Check your own records. Confirm no leave was approved, no medical certificate was received, and no manager agreed to the absence informally. Check if the employee raised a grievance before disappearing.
  5. Decide and confirm in writing. If the deadline passes without a response, send a letter confirming the employment has ended, the last day of employment, the final salary calculation and how to collect personal items and return company property.
  6. Close the administrative file. Pay final salary, file the CPF contribution for the final month, update payroll, revoke system access and, for foreign employees, take the work pass steps below.

If the employee reappears

Listen to the explanation and ask for evidence. A hospital admission, a family emergency or a medical certificate may be a reasonable excuse even if late. If the reason is not acceptable, you may still rely on section 13(2) or treat the absence as misconduct, following a fair process; see dismissing an employee for misconduct.

Documents to keep

Document Why
Attendance records and rosters Prove the dates of absence
Call logs, messages, emails Prove contact attempts
Written notice and proof of delivery Show the employee was given a chance to explain
Leave records and medical certificate log Show no leave or MC was received
Termination confirmation letter Fixes the end date and final pay
Final pay computation and payslip Evidence of payment if a claim is later made

Final pay, notice and deductions

For the general rules on ending employment, see termination of employment: procedure, notice and payment.

Foreign employees on work passes

An absent Work Permit, S Pass or Employment Pass holder raises additional duties. The employer remains responsible for the pass holder while the pass is valid, and must cancel the pass when employment ends and follow MOM’s current requirements on reporting and repatriation for the relevant pass type. Check the Ministry of Manpower pages for the pass in question before acting, and keep evidence of every step. For Work Permit holders, security bond and repatriation obligations may apply.

Common mistakes

Example

Example only, not a client case. A sales executive does not come in on Monday and Tuesday and does not answer calls. On Wednesday, HR emails and couriers a letter asking her to explain by Friday. Her brother replies on Thursday that she is in hospital after an accident and sends the admission note. The employer records the absence as hospitalisation leave subject to the medical certificate, rather than treating it as abandonment. Had nobody replied by Friday, the employer would have sent a letter confirming the employment ended under section 13(2) and paid her salary for days worked.

Frequently asked questions

Does section 13(2) apply to managers and executives?

The Employment Act covers most employees, including managers and executives, with some exclusions such as seafarers, domestic workers and public servants. For employees outside the Act, rely on the contract and general law.

Can the employee claim wrongful dismissal?

They may try. A documented process showing contact attempts and a fair chance to explain is the employer’s best answer. Claims usually go to the Employment Claims Tribunals.

Do we still need to give notice?

Where the employee is deemed to have broken the contract under section 13(2), the employer can treat the contract as ended. Confirm this in writing and get advice if the employee’s contract has unusual terms.

What if company property is missing?

Ask for its return in writing. If items were taken, see our guide to employee criminal breach of trust.

Need help with an absent employee?

If your company, or you as a director or shareholder, is dealing with an employee who has stopped turning up, contact the Raffles Corporate Services team at [email protected] or on WhatsApp at +65 8501 7133 or +65 9018 0072. We will help you understand the documents and deadlines and handle the final payroll, CPF and work pass administration. Where your matter needs a lawyer, we will refer you to a firm on our panel of Singapore law firms that regularly handles employment disputes. Raffles Corporate Services is a corporate services provider, not a law firm, and this article is general information, not legal advice.

Rachel Sim, Raffles Corporate Services

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