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Retrenchment and Redundancy: Legal Requirements and Best Practices

A business downturn, a restructuring or the loss of a major client can leave an employer with no option but to reduce headcount. Retrenchment and redundancy: legal requirements and best practices is a topic that every Singapore employer should understand before the first conversation with an affected employee, because errors in process tend to cost far more than the exercise was meant to save.

This article explains what retrenchment means in Singapore, what the Employment Act and the tripartite guidelines expect, and how to run the process in a way that is fair, documented and compliant.

Who this applies to

Retrenchment, also called redundancy, happens when an employer ends employment because the role is no longer needed. It is not a dismissal for misconduct or poor performance, and it is not the same as the end of a fixed-term contract.

Key rules and requirements in Singapore

Notice of termination

The notice period is whatever the employment contract states. If the contract is silent, the Employment Act sets default periods that rise with length of service, from one day for service of under 26 weeks to four weeks for service of five years or more. Either party may instead give salary in lieu of notice, provided the contract allows it.

Retrenchment benefit

The Employment Act does not set a fixed formula for retrenchment benefit. Entitlement depends on the contract, the company handbook or any collective agreement. The Act does provide that an employee with less than two years of service is not entitled to retrenchment benefit. For employees with longer service, the tripartite guidance referred to by MOM suggests a range of between two weeks and one month of salary per year of service, depending on the company’s financial position and industry norms.

Mandatory Retrenchment Notification

An employer with at least 10 employees must report retrenchment exercises to MOM if it retrenches five or more employees within any six-month period. The notification is generally due within five working days after the affected employees are told. It is made online and includes the number and profile of employees affected.

Fair selection and non-discrimination

The Tripartite Guidelines on Fair Employment Practices require that selection be based on objective, job-related criteria such as skills, experience and performance, and not on age, race, gender, religion, marital status, disability or nationality. Employers should also be aware of the workplace fairness legislation being phased in, and should check its current status before an exercise.

Final payments

Salary, accrued and unused leave (where the contract provides for payment), salary in lieu of notice and any retrenchment benefit should be paid promptly. The Employment Act expects salary to be paid within seven days after the last day of employment.

Step-by-step process

Common mistakes to avoid

Practical examples

Example 1: A small services firm loses its largest client

A company with 14 employees loses a contract that accounted for 40 per cent of revenue. After trying a temporary pay reduction, the directors decide to retrench six staff. Because the company has at least 10 employees and is retrenching five or more people, it files the notification with MOM within five working days. It offers affected employees one month of notice and a benefit of two weeks of salary per completed year of service, as stated in its handbook.

Example 2: A start-up with a short-tenure employee

An employee has served 18 months when the role is made redundant. Under the Employment Act the employee is not entitled to retrenchment benefit, since service is under two years. The employer still gives full contractual notice and pays out accrued leave, and, as a goodwill gesture, offers a modest ex gratia payment in exchange for a clear exit letter.

Example 3: An Employment Pass holder

An overseas manager on an Employment Pass is retrenched. The employer pays the contractual notice and benefit, cancels the pass on the MOM portal after the last day and files Form IR21 with IRAS so that tax clearance is handled before the final payment is released.

How a corporate secretary can help

Retrenchment touches employment law, corporate governance, payroll and tax at the same time. A corporate secretary in Singapore can prepare the board resolutions that record the business case, check that directors’ duties under the Companies Act have been properly considered, and update ACRA records if an officer is affected. Raffles Corporate Services can also support payroll and CPF computations for the final month, tax filings such as Form IR21 for foreign employees, and the accounting treatment of retrenchment costs in the financial statements. For specific employment disputes, we will refer you to a suitable lawyer.

Frequently Asked Questions

Is a retrenchment benefit compulsory in Singapore?

Not by a fixed statutory formula. Employees with less than two years of service are not entitled to it under the Employment Act. For others, entitlement depends on the contract, company policy or collective agreement, and the tripartite guidance sets out an expected range.

When must an employer notify MOM of a retrenchment?

Employers with at least 10 employees must notify MOM when five or more employees are retrenched within six months, generally within five working days after the employees are informed.

Can an employer retrench someone on maternity leave or medical leave?

Retrenchment must be based on genuine business reasons and fair criteria. Employees on protected leave are covered by additional protections, so an employer should take advice before proceeding.

Can a retrenched employee make a claim?

Yes. Disputes may go to the Tripartite Alliance for Dispute Management and, if unresolved, the Employment Claims Tribunals. Good documentation is the best protection.

Should the company replace the role afterwards?

Re-hiring for substantially the same role soon after a retrenchment can suggest that the exercise was not genuine. Employers should be prepared to explain any such hiring.

Key takeaways

Requirements may change, so always check the latest guidance from ACRA, IRAS or MOM, or consult a professional adviser.

If you would like to find out more about how Raffles Corporate Services can assist with your company’s compliance and corporate secretarial requirements, please get in touch with the team at [email protected].

Yours sincerely,
The editorial team at Raffles Corporate Services

Disclaimer: This does not constitute legal advice. If you require legal advice, please contact a lawyer.

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