HRSINGAPORE Community Discussions
Contractual Terms for Employee Posted to Overseas Subsidiary
My company has a senior manager who is posted or seconded to overseas subsidiary. His payroll is processed from Singapore Office and he only has additional benefits like one-time relocation benefits and annual home leave benefits. For the other benefits, e.g. paternity, child care leave, does he follow Singapore labour law or overseas labour law?
It depends on the agreement contract signed between the employer & employee. The contract should state clearly the terms, conditions, benefits & holidays so as to avoid future misunderstanding.
If the earlier contract did not include the above, employee may challenge the Company if he/she is not given that benefits.vStart to prepare a new contract, to supersede the earlier with additional clause.
In our company, the staff will follow all Singapore labour law entitlements, only for public holidays
they will follow the country they are posted to.
Since this employee is tied to SGP payroll, his entitlement of all other leaves follows SGP MOM.
It is depends on the secondment agreement, before getting into secondment you will definitely discuss and agree whether the salary payment will be maintained by original employer or will be done in overseas. in most cases the salary is usually maintained by seconder / employer the only payment done for the employee overseas will be secondment allowances.
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