Major Relaxation of Singapore’s COVID-19 Public Health and Workforce Vaccination Measures; Calls for Permanent Flexible Work Arrangements

Singapore Relaxes COVID-19 Public Health and Workforce Vaccination Measures

On 22 April 2022, the Multi-Ministry Taskforce announced a major relaxation of Singapore’s COVID-19 public health measures. The following changes took effect from 26 April 2022:

• There will no longer be a group size limit for mask-off activities.
• Safe distancing is no longer required.
• Mask-wearing will remain optional in outdoor settings. Mask-wearing will continue to be required in indoor settings when people leave their homes, including on public transport.
• Vaccination Differentiated Safe Management Measures (i.e. disallowing unvaccinated persons from entering certain public spaces) are lifted in all settings, except for: events/settings with more than 500 participants at any one time; nightlife establishments that offer dancing; and food and beverage establishments.

In line with the easing of the above public health measures, the tripartite partners (Ministry of Manpower, National Trades Union Congress and Singapore National Employers Federation) have confirmed that the Workforce Vaccination Measures will also be lifted. The latest tripartite COVID-19 advisory and the Requirements for Safe Management Measures have been updated accordingly. Taken together, the effect of the changes is that from 26 April 2022:

• All employees may now return to the workplace, an increase from the current limit of 75% of those who can work from home.
• The government requirement for employees to be vaccinated in order to enter the workplace is removed. Unvaccinated employees will not be prohibited from entering the workplace as a matter of law.
• However, employers are still free to implement vaccination-differentiated requirements for their employees as a matter of company policy and in accordance with employment law.
• For employers who wish to implement a policy of unvaccinated employees not being allowed to enter the workplace, they should treat such employees in accordance with the guidance formerly in force which is that employers can:
  • redeploy them to an alternative suitable role (provided the remuneration is commensurate with the responsibilities of the alternative role);
  • place them on no-pay leave based on mutually agreeable terms; or
  • as a last resort and after exploring the options above, terminate their employment (with notice) in accordance with the employment contract.
• For employees (and contractors and vendors) who are physically onsite at the workplace, mask wearing is required indoors except when: (i) persons are not interacting with others: and (ii) not in customer-facing areas where interaction is likely to happen.
• Employees returning to the workplace are encouraged to self-test when they feel unwell or have had recent contact with an infected person.

The updated advisory and Requirements for Safe Management Measures can be accessed here and here.

Employers should also continue to refer to the tripartite advisory on work and leave arrangements for employees who test positive for COVID-19 but are mildly symptomatic or physically well (see here).

The announcement is a welcome move for employers and employees alike, and represents a significant step in Singapore’s path to recovering from the pandemic.

It should be noted that while employers can still choose to adopt vaccinated-differentiated measures as a matter of company policy, it appears there will need to be some level of justification for doing so which has not existed up until now. For example, the advisory cites employers in the healthcare sector who may be concerned about the higher risk of exposure to COVID-19 and severe infections for both their employees and patients, while employers whose businesses requires frequent travelling may need vaccinated employees who will face fewer obstacles in making business trips. Employers who do not find themselves in these situations may need to be prepared to have a justification for doing so which is supported by genuine business needs and is reasonable to protect the health and safety of employees.

The advisory makes clear that it is critical for employers to communicate clearly the rationale and details of the company’s policies to affected employees. Employers may wish to consult with their employees and unions (where applicable), so as to avoid potential disputes. Employers should also consider the duration for which, and the specific roles or settings in which, it is necessary to maintain such policies.

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.

If you have any questions in relation to any of the above changes or need advice on your hybrid or return to work policies, 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.