Singapore Implements New Workforce Vaccination Measures: Unvaccinated employees cannot return to the workplace from 1 January 2022

On 23 October 2021, the Singapore Multi-Ministry Task Force announced a set of new “Workforce Vaccination Measures” which will take effect from 1 January 2022.

In addition, the tripartite partners (Ministry of Manpower, Singapore National Employers Federation and National Trades Union Congress) have issued a new advisory which provides further guidance on how employers should be adjusting their HR policies to prepare for the Workforce Vaccination Measures in the interim period.

Taken together, the Workforce Vaccination Measures mean that with effect from 1 January 2022:

• Only employees who are fully vaccinated or have recovered from COVID-19 within the past 270 days, can return to the workplace.
• Unvaccinated employees will not be allowed to return to the workplace unless they have tested negative for COVID-19. The test should be a Pre-Event Test (PET) at a government-approved COVID-19 test provider, and must be valid for the duration that the employees are required to be present at the workplace.
• For unvaccinated employees whose work can be performed at home, employers may allow them to continue to work from home. However, such working arrangements remain at the employers’ prerogative. As the vast majority of vaccinated employees eventually return to the workplace more frequently, the prolonged absence of unvaccinated employees from the workplace may affect their individual performance as well as negatively impact team or organisational performance.
• For employees whose work cannot be performed from home, employers can:

(a) allow them to continue in their existing role provided they take a PET at the employee’s own expense and during their own time (i.e. outside of working hours);

(b) redeploy them to suitable jobs which can be carried out from home if such jobs are available, and provided the remuneration is commensurate with the responsibilities of the alternative jobs; or

(c) place them on no-pay leave or, as a last resort, terminate their employment (with notice) in accordance with the employment contract.

In relation to (c), the advisory clarifies that if termination of employment is due to an employee’s inability to be at the workplace to perform their contracted work, this would not be considered a wrongful dismissal.

• The Workforce Vaccination Measures apply to anyone who is working in the same premises as employees, including independent contractors and vendors. Visitors are not within scope, but they will still need to comply with vaccination and social distancing requirements for the general public.
• Employers can implement vaccination-differentiated measures including e.g. requiring the additional days a medically eligible but unvaccinated employee has to serve for Stay-Home Notice from traveling (for work purposes) be taken from existing leave entitlements (or, if the employee has exhausted their leave entitlements, to go on no-pay leave), excluding unvaccinated employees who are medically eligible from medical benefits associated with COVID-19 such as private insurance coverage.
• All employers can ask employees for their vaccination status for the purpose of planning deployment at the workplace. Employers can also require employees to produce proof of vaccination before reporting to the workplace.
• Special consideration will be given for medically ineligible and pregnant employees. For employees who are certified to be medically ineligible for vaccines, employers should consider the following measures:

(a) allow the employee to work from home if they are able to do so and ensure their absence from the workplace should not affect assessment of their performance; or

(b)  redeploy the employee to suitable jobs which can be carried out from home if such jobs are available, provided the remuneration is commensurate with the responsibilities of the alternative jobs; or

(c) grant an exemption if they need to work on-site.

Employers are encouraged to give similar special considerations to the needs and concerns of pregnant employees, except that it seems this is only in relation to working from home or redeployment – it appears an exemption cannot be granted for pregnant employees.

As at 17 October 2021, 70% of employers have attained 100% vaccine coverage for their workforce, and 96% of the total workforce in Singapore has been vaccinated. These new Workforce Vaccination Measures are designed to incentivize the remaining 5% of employees and 30% of employers.

Employers can also now check their vaccination rate through a new online portal.

The full text of the new advisory can be accessed here. If you have any questions about the impact of the new Workforce Vaccination Measures on your return to workplace strategy, or you would like to request a copy of our Global COVID-19 Vaccine Guide, please contact David Smail.

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.