1. Law of Employment
Law of Employment

2. Employment law
Employment law
• Contractual agreement of employment
Contractual agreement of employment
• Vicarious liability
i i li bili
• Health and safety at work

3. Contract of service
Contract of service
• Employee
p y
– An individual who has entered into or works under a
contract of employment
• Contract of employment
Contract of employment
– A contract of service
– Express or implied
p p
– Oral or in writing
• Ferguson v John Dawan & Partner 1976
• Massey v Crown Life Assurance 1978
Pg 184

4. Employment and self employment
Employment and self‐employment
Page 188 – 189, UK. What are the differences between
g ,
employed and self‐employed
In Singapore,
‐ Employer contributes CPF to employee’s CPF account
‐ If
If you are self‐employed, you may need to contribute
lf l d dt t ib t
CPF to your own account in order you can renew
license for your business
y
‐ CPF money may be used for buying property
‐ Members can withdraw at the age of 55

5. Contract of service
Contract of service
• Contract of service
Contract of service
– Between employer and employee
• Contract for service
Contract for service
– Between employer and independent contractor

6. Employee s duties
Employee’s duties
• Fundamental duty of faithful service to employer
y p y
• Not to disclose trade secrete
• Reasonably competence to do his job
• Obedience to employer’s instruction
• Duty to account for all money and property
• Reasonable care and skill in the performance of
his work
• The contract is a personal one employee can’t
The contract is a personal one, employee can t
delegate his duties to someone else without
consent from employer Pg 192

7. Employer s duties
Employer’s duties
• Pay remuneration to employees
remuneration to employees
• Indemnify the employee against expenses and
losses incurred in the course of employment
losses incurred in the course of employment
• Provide health and safety at work
• To provide work
Pg 192

8. Employer s statutory
Employer’s statutory duties
• Pay
• Time of work
• Maternity leave
Maternity leave
• Work‐life balance
• Health and safety
H lth d f t
• Working time
Pg 193

9. Discuss
• Explain the liability applicable to
Explain the liability applicable to
– Employee
– Employer

10. Termination of contract
Termination of contract
• Termination by notice
Termination by
– Period of notice
• Statutory requirement; or
• Contractual agreement
• In Singapore
– Common practice
• One month notice for confirmed staff
• 24 h
24 hours for staff under probationary
f ff d b i
Pg 203

11. Types of termination
Types of termination
• Summary dismissal
Su a y d s ssa
– Termination without notice by employer when staff
committed serious breach of contract
• Constructive dismissal
– Termination without notice by employee when
employer committed a breach of contract
employer committed a breach of contract
• Wrongful dismissal
– E g Shorter notice period
E.g. Shorter notice period
• Unfair dismissal
– E g Terminate an employee who is pregnant
E.g. Terminate an employee who is pregnant

12. Vicarious liability
• When an employee commits a tort, the employer may
be jointly liable with him under the principle of
vicarious liability
• To make the employer liable for a tort of the employee,
To make the employer liable for a tort of the employee,
it is necessary that:
– There is a relationship between them of employer and
employees; and
employees; and
– The employee’s tort is committed in the course of his
employment
• Employee remains liable as a joint tortfeasor
Employee remains liable as a joint tortfeasor
– and has an obligation to indemnify his employer
Pg 230

13. Health and
Health and safety
• Health and Safety At Work Act 1974
Health and Safety At Work Act 1974
– Securing the health, safety and welfare of persons
at work
at work
– Protect persons against risks to health and safety
– Control explosive or highly flammable or
Control explosive or highly flammable or
dangerous substances, prevent unlawful
p
possession and use of such substances Pg 251
g
• Health and Safety regulations Pg 254

14. General duties of employers Pg 252
General duties of employers ‐ Pg 252
• Safe and without risks to health at plant and systems of
works
• Safe and absence of risks to health in the use, handling,
storage and transport
storage and transport
• Provide information, instruction, training and
supervision necessary to ensure safety and without
risks to health
risks to health
• Maintain places of work, and access to and from places
– ensure safe and without risks to health
• Working environment is safe and without risks, has
adequate facilities and arrangements for employee
welfare at work

15. General duties of employees Pg 253
General duties of employees – Pg 253
• To take reasonable care for the health and
To take reasonable care for the health and
safety of himself and other persons who might
be affected by his acts or omissions at work
be affected by his acts or omissions at work
• C
Co‐operate with employer to enable statutory
ih l bl
duty or requirements (Related to health and
safety) to be performed or complied with
f ) b f d li d i h

16. Duty of employees – Pg 253
of employees Pg 253
• Employee has duty to three groups of people
has duty to three groups of people
– Himself
– Oth
Other people affected by his acts
l ff t d b hi t
– Hi employer
His l

17. Health and Safety at Work Regulations
Health and Safety at Work Regulations
• Classification of hazards information and
Classification of hazards, information and
packaging regulations 1999
• The confined space regulations 1997
The confined space regulations 1997
• The control of substances hazardous to health
regulations 1999
l i 1999
• ……
• …..
Page 255
Page 255

18. Discuss
• Assignment 2 Claim 2
Assignment 2 , Claim 2

20. • Explain liability (Duties) applicable to
p y( ) pp
– a staff?
– an employer
• Wh i i i
What is vicarious liability?
li bili ?
• What are the liabilities to the employer in the
health and safety of his employees?
health and safety of his employees?
• What legal action can the employee take against
employer based on information given in the
case?
• Relate to case