This seminar will communicate and equip the participants with the relevant knowledge and understanding of contracts

Introduction

The Employment Contract is a key documentation governing the employment relationship between an employer and employee. It is a document that sets out the obligations of both the employer and employee. It is therefore crucial that employers, employees and all personnel who deal with employment matters are acquainted with some of the key elements of an Employment Contract, from formation to termination.

Individuals and organisations may expose themselves to litigation and potentially heavy financial loss if they fail to adequately comprehend the Employment Contract, its key features and some of the terms usually found in an Employment Contract.

This seminar will communicate and equip the participants with the relevant knowledge and understanding of contracts concluded in an employment context by a combination of theory and practical examples.

Course Details: 

Objectives

• Understand the basic principles of law of contract in an employment context;

• Understand the main elements of an Employment Contract and the various types of such contract;

• Understand how that has been agreed between an employer and employee is documented in the Employment Contract;

• Understand what are restrictive covenants;

• Understand when or how an Employment Contract is terminated and/or breached;

• Understand the consequences of terminating or breaching an Employment Contract;

• Understand how insolvency of an organization and/or change of control affect an Employment Contract;

• Familiarise with the various dispute resolution options that are available now to deal with employment disputes.

Who should attend

• HR Directors, HR Managers, HR Executives, Administrative Executives, Company Secretaries, Employees and all persons responsible for the employment of employees and/or human resource matters.

 

Methodology

• Presentation
• Case studies
• Discussion

 

Benefits of Attending This Course

The law of employment is a developing area and involves various complex considerations. This seminar is tailored such that the participants will be able to comprehend, appreciate and apply the complexities of the law of employment in their organization and/or workplace.

This seminar is designed to encourage discussion among participants of matters as wide-ranging as express terms and implied terms, the law relating to restraint of trade and the law relating to termination of the employment contract.

Further, apart from the principles of employment law which will be addressed from a practical perspective, there will be many case studies to illustrate the principles adopted by the Courts in Singapore in this area of law.

Outline 

1. Law of Contract

• Contract of Service vs Contract for Service

• Employer-Employee Relationship

• Definition of an Employee

 

2. Elements of an Employment Contract

• Oral, Writing and Conduct

• Key Employment Terms (KETs)

• Offer, Acceptance, Consideration and Intention

• Legal Capacity to Contract

• Types of Employment Contracts

  • Regular or Open-Ended Employment Contract.
  • Fixed Term Employment Contract
  • Part-time Employment Contract
  • Temporary Employment Contract
  • Casual Labour Employment Contract
  • Dual or Triple Employment Contracts

• Probation Period

 

3. Terms of Employment Contract

• Express terms

• Implied Terms

• Conditions and Warranties

• Variation of Terms

• Incorporation of terms

• Restrictive Covenants

  • Restraint of Trade clause
  • Non-Solicitation/Non Dealing clause
  • Confidentiality clause
    • The Enforcement of Confidentiality Clauses in the Employment Contract
    • Confidential information and trade secrets
    • The confidentiality clause and the non-disclosure agreement
    • Remedies for breach of confidentiality including injunctive relief
    • The Personal Data Protection Act
  • General approach of the Courts in Singapore when dealing with restrictive
  • Cases studies

Outline 

4. Termination of a Contract of Employment

• Performance or Expiry

• Frustration

• Agreement

• Repudiatory or Fundamental Breach

• Remedies for the Breach of Contract

  • Assessment of damages – the compensatory aim
  • Obtaining injunctions
  • Liquidated damages
  • Mitigation of damages
  • Specific performance

• How to Effectively Handle the Termination of Employees

  • Types of termination clauses in employment contracts
  • Summary dismissal and constructive dismissal
  • Garden leave
  • Issues to be considered before initiating termination
  • The rights of the respective parties upon termination
  • Liability for breach of the employment contract
  • Drafting employment contracts to minimize disputes

 

5. Insolvency and Change of Control and its Effect on the Employment Contract

• The effect of judicial management

• The impact of a winding up

 

6. Litigation and Alternative Dispute Resolution

• Introduction to the litigation process

• Overview of mediation and arbitration

• Advantages and disadvantages of mediation, arbitration and litigation

Trainer

Ramesh Bharani Nagaratnam is a qualified lawyer and a Certified Practicing Accountant with extensive experience in Law and Accountancy disciplines.

Ramesh is well versed in areas such as dispute resolution, alternative dispute resolution, corporate advisory, mergers and acquisitions, regulatory, compliance and human resource related issues.

Ramesh also has an active practice in the Singapore Courts and in international and domestic arbitration. He has represented corporations and individuals in disputes in banking, corporate and commercial litigation, insurance litigation, tort, medical and professional negligence.

Prior to reading law, Ramesh was practicing as an Accountant. Ramesh's accountancy practice focused on audit, internal controls, forensic and investigatory work serving businesses from multitude of industries.

Ramesh possess a Bachelor of Laws and a Bachelor of Accounting.

Administrative Details:

Scheduled Dates

• 15 January 2019  (1st Run) - Confirmed

Duration / Venue

• One day

• 9 am to 5:30 pm

• Hotel Grand Pacific, Singapore

 

Certification

A Certificate of Attendance will be awarded at the end of the course.

 

Cost

• S$ 550 for Community

• S$ 580 for Non-Subscribers

Refreshment

• Coffee & tea with snacks during the morning and afternoon breaks

• Buffet lunch with vegetarian & halal options

 

Past Participants:

Past Participants' Comments

Past Participant Organisations