Call for flexible work arrangements to be a permanent feature

On 22 April 2022, the tripartite partners issued a statement encouraging companies to sustain and promote flexible work arrangements (FWAs) as a permanent feature of the workplace in Singapore.

They recognised that practices such as telecommuting and staggered work hours have become more prevalent, as more employers and employees recognise the benefits of FWAs. Globally, employers increasingly embrace FWAs as part of the future of work.

The statement makes the following recommendations:

• Employers should continue to make efforts to provide flexibility for employees, including redesigning jobs where needed, while taking into consideration business needs.
• Employers should continue to manage, assess, appraise and remunerate employees who use FWAs fairly and objectively, in line with the principles in the Tripartite Guidelines on Fair Employment Practices.
• Employees should use FWAs responsibly and ensure continued work productivity. FWAs are not an entitlement and the requirements of the job take precedence.
• Trust should also be maintained between employers and employees, through regular and open communication to discuss on what FWAs are practical and sustainable, and the organisational outcomes and deliverables that need to be met.

There are also specific recommendations on telecommuting practices:

• Employers may require employees to report to the office for meetings and to foster team collaboration, while permitting telecommuting for tasks that do not need to be carried out onsite. A range of telecommuting arrangements can be considered, from regular frequency to ad-hoc, and from full-day to part-day telecommuting.
• Employers may consider redesigning suitable jobs to increase the possibility of telecommuting. Employers may also adopt technology to transform jobs, allowing work that is traditionally performed onsite to be done offsite.
• Employers may consider redesigning workspaces to leverage more satellite offices or co-working spaces, to enable employees to work closer to home.
• In developing their telecommuting policy for employees whose roles allow them to do so, employers may consider the need for culture and team building, as well as maintaining team cohesion.
• Besides telecommuting, other forms of FWAs (e.g. flexi-time and flexi-load) continue to be important, as not all employees can telecommute. For example, frontline employees who are not able to telecommute may benefit from other FWAs such as part-time work and ad-hoc time-off from work, to better manage personal or family responsibilities while still contributing effectively at work.

Many multinationals in Singapore and the wider Southeast Asia region have already begun implementing remote and hybrid work policies. Employees and candidates are also increasingly assessing a company’s ability to offer flexible working as part of the overall package of employee benefits. The tripartite statement signals a clear intention that the Singapore government views such arrangements not just as ‘nice-to-haves’ but as critical to establishing a future of work mindset that extends beyond COVID-19.

There is already a Tripartite Standard on Flexible Work Arrangements which provides best practices for employers. However, to further encourage the provision of FWAs, the tripartite partners will also consult widely to develop a set of Tripartite Guidelines by 2024. The Guidelines will set out practices that employers should adopt to assess and communicate decisions on FWA requests.

DLA Piper is restricted for regulatory reasons from practicing local law in Singapore, as are most international law firms. Where advice on Singapore law is required, we will work with a local firm to provide such advice while leveraging our own knowledge and experience as international counsel in international advisory and transactional work.