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.
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:
- The employee is absent from work for more than 2 days continuously;
- Without prior leave from the employer; and
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- Salary earned must still be paid. The employee is entitled to salary for days actually worked up to the last day, and to any other sums due under the contract. Keep a written computation. If the employee cannot be reached, keep the money ready and record your attempts to pay.
- Annual leave. Check the contract and your leave policy for unused leave on termination; see leave entitlements in Singapore.
- Notice in lieu. Whether the employer can claim salary in lieu of notice from an employee who walked out depends on the contract and the circumstances. Do not simply deduct it from final pay without checking the rules on authorised deductions under the Employment Act; take advice first.
- CPF and tax. Pay CPF on the final wages. For foreign employees, tax clearance through Form IR21 may be required before final payments are released.
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
- Treating one or two days of absence as abandonment.
- Sending the termination letter only to the work email the employee can no longer access.
- Ignoring a message from a family member because it was not from the employee.
- Withholding all final pay as a penalty.
- Forgetting to cancel system access, building passes and company cards.
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