Transfer of Employment

Transfer of Employment | Bestar

Singapore Employment Transfer Options

The transfer of employment in Singapore can occur in several ways:

1. Transfer within the same company:

• Internal transfer: This involves moving an employee from one department or location to another within the same company. This is typically done to fill vacancies, utilize employee skills in different areas, or accommodate employee preferences.   

• Transfer to a subsidiary or related company: This involves transferring an employee to a subsidiary or related company within the same corporate group. This can be done for various reasons, such as expanding the company's operations or filling specialized roles.   

2. Transfer to a different company:

• Transfer of business or undertaking: This occurs when a business or part of it is transferred from one employer to another. In such cases, the employees' contracts of employment are automatically transferred to the new employer, provided certain conditions are met.   

• Employee-initiated transfer: An employee may seek employment with a different company and resign from their current position. This is a common occurrence in the job market and requires the employee to follow the resignation procedures outlined in their employment contract.

• Employer-initiated transfer: In some cases, an employer may transfer an employee to a different company. This could be due to restructuring, mergers, or other business reasons. However, such transfers must comply with relevant employment laws and regulations.   

Key considerations for transferring employment in Singapore:

• Employment Act: The Employment Act (EA) governs employment relationships in Singapore and outlines various rights and obligations of employers and employees. It's crucial to understand the relevant provisions of the EA when considering a transfer of employment.   

• Work Pass: If the employee holds a work pass, such as an Employment Pass or S Pass, the transfer may require approval from the Ministry of Manpower (MOM).

• Contract of employment: The terms and conditions of the employment contract should be carefully reviewed, especially regarding notice periods, termination clauses, and any restrictions on transferring employment.

• Consent: In most cases, the employee's consent is required for a transfer of employment. However, there may be exceptions, such as in cases of business transfers.

• Consultation: Employers are generally required to consult with employees or their representatives before making decisions that may affect their employment, including transfers.   

Specifics for Work Pass Holders:

• Transferring to another company: The new employer must apply for a new work pass for the employee. The existing work pass will be automatically canceled upon approval of the new one.

• Transferring within the same company: If the transfer is within the same company but involves a change in job scope or responsibilities, the employer may need to inform MOM.

Additional Resources:

• Ministry of Manpower (MOM): https://www.mom.gov.sg/

• Employment Act: https://sso.agc.gov.sg/act/ema1968

How Bestar can Help

Bestar can provide valuable assistance with the transfer of employment in Singapore by:

• Interpreting and advising on relevant laws and regulations: We can help you understand the provisions of the Employment Act, MOM guidelines, and other relevant legislation that may impact your transfer.   

• Drafting and reviewing employment contracts: We can assist in drafting or reviewing employment contracts to ensure they comply with legal requirements and protect your rights.   

• Advising on work pass requirements: If you or the employee holds a work pass, we can advise on the necessary procedures and applications for transferring the work pass.

• Negotiating transfer terms and conditions: We can help you negotiate with the employer or the new company on matters such as salary, benefits, notice periods, and other relevant terms.

• Resolving disputes: If any disputes arise during the transfer process, we can represent you in negotiations or legal proceedings.   

• Providing guidance on employee relations: We can advise on how to manage employee relations during the transfer process, including communication, consultation, and addressing employee concerns.

• Ensuring compliance with company policies: We can help ensure that the transfer process is conducted in accordance with company policies and procedures.

Specific benefits for employees:

• Protecting your rights: Bestar can ensure that your rights are protected throughout the transfer process and that you receive all your entitlements.   

• Understanding your options: We can help you understand your options and make informed decisions about the transfer.

• Resolving disputes effectively: If you encounter any problems during the transfer, Bestar can help you resolve them effectively and efficiently.

Specific benefits for employers:

• Ensuring legal compliance: Bestar can help you ensure that the transfer process complies with all relevant laws and regulations.   

• Managing employee relations: We can help you manage employee relations effectively during the transfer process and minimize any disruptions to the business.

• Developing transfer policies: We can help you develop clear and comprehensive transfer policies that protect the interests of both the company and the employees.

• Minimizing risks: We can help you identify and mitigate potential risks associated with the transfer process, such as legal challenges or employee dissatisfaction.   

By seeking guidance from Bestar, you can ensure that the transfer of employment is conducted smoothly, legally, and in a manner that protects the interests of all parties involved.

Request for Quote