Introduction
Since the COVID-19 pandemic hit and brought about much uncertainty, employers across the globe have had to grapple with the concept of flexible working. The implementation of flexible working differs from organization to organization – some view flexible working as an exceptional accommodation, yet others embrace and encourage it.
To help employers in Singapore navigate the world of flexible working, the Ministry of Manpower and the Tripartite Alliance for Fair and Progressive Employment Practices have introduced the Tripartite Guidelines on Flexible Work Arrangement Requests ("Tripartite Guidelines"), which will come into effect on 1 December 2024.
As Ms. Yeo Wan Ling, co-chair of the Tripartite Workgroup,
states:
"Access to Flexible Work Arrangements is often the main
consideration for caregivers, women workers and senior workers when
it comes to deciding to stay or return to the workforce. The
Tripartite Guidelines on Flexible Work Arrangement Requests is a
milestone enhancement to the normalisation of FWAs in the
workplace, as it puts into place formalised and clear processes for
workers to request for flexible work arrangements. At the heart of
successful FWA implementations is the building of a trust culture
in the workplace."
Scope of flexible working – what does flexible working mean?
The Tripartite Guidelines provide for three categories of Flexible Work Arrangements ("FWAs"):
- Flexi-Place: Employees may request to work flexibly from different locations aside from their usual office location (e.g., working from home);
- Flexi-Time: Employees may request to work flexibly at different working hours to their contractual work hours with no changes to their total working hours or workload;
- Flexi-Load: Employees may request to work flexibly with different workloads with commensurate remuneration (i.e., switch from a full-time position to a part-time position with pay prorated accordingly).
The above categories are broadly similar to the types of FWAs commonly seen in other jurisdictions, such as the United Kingdom and Australia, where FWAs often involve flexibility around employees' work hours, schedules, or work location.
Making a request for flexible working – who can make a request?
The Tripartite Guidelines provide that employees in Singapore who have completed their probationary period (if any) can make a formal request for flexible working. As regards tp employees who are still on probation, employers may consider flexible working requests from such employees but are not required to allow them to make such a request.
This may be contrasted with the position in the United Kingdom where employees now have a statutory right to request flexible working from their first day of employment. However, in Australia, employees are required to work for the same employer for at least 12 months (in addition to satisfying other conditions) before they are able to request flexible working.
Process for making a request for flexible working – how should a request be made?
The Tripartite Guidelines provide that employers should implement a process for employees to make their requests. As a matter of good practice, it is recommended that this process includes a form for employees to record the details of their request (including the date of the request, type of FWA requested, expected frequency, duration and reason(s) for the request, and the start and end dates of the FWA), details of whom the request should be submitted to, a timeline for the employer to respond to the employee's request, and the mode in which the employer would communicate its decision to the employee.
In the absence of an employer-implemented process, employees may nonetheless make a formal FWA request in writing with the above-mentioned details.
Employers' considerations in assessing a flexible working request
In assessing whether an FWA request should be granted, the Tripartite Guidelines provide that employers should consider the impact of FWAs on the employee's workload and performance, as well as the impact on the requesting employee's team and clients (where relevant). Insofar as it is reasonably practicable, employers should consider the feasibility of re-assigning work across team members/reviewing their work processes when assessing FWA requests.
Employers should evaluate each FWA request on a case-by-case basis and may refuse a request so long as the reasons for rejection are linked to legitimate business considerations and can be justified. Examples of legitimate business considerations include if the FWA is impractical due to the nature of an employee's job role, if granting the FWA request leads to significance costs for the employer, or if granting the FWA is detrimental to productivity or output.
To assist employers in evaluating whether an employee's FWA request should be granted or otherwise, the Tripartite Guidelines also provide examples of unreasonable grounds for rejecting a request. These grounds include a supervisor's preference for physical presence over performance-based evaluation, a general lack of trust in FWAs, or reasons based solely on organizational customs and practices, without a clear business justification. In this regard, employers in Singapore may draw upon the experience of other jurisdictions with established frameworks to obtain further guidance. For example, the grounds on which employers may reject an FWA request in the UK include the burden of additional costs (in practice, this is likely to be justified if an employer is required to hire and train additional headcount in order to enable their business operations to function effectively), the inability to reorganize work among existing staff, the inability to recruit additional staff, that there will be a detrimental impact on quality of work, a detrimental effect on the ability to meet customer demand, a detrimental impact on performance, insufficient work available during the periods the employee proposes to work, or planned structural changes to the employer's business.
Procedures in handling FWA requests
Employers are required to provide a written decision on an FWA request within a specified timeframe and are encouraged to engage with employees to explore modifications to the original request, or other suitable FWA options that may be mutually beneficial. The Tripartite Guidelines provide that employers should provide their written decision within two months of receiving the request and should include the reason for rejecting the request in the return decision should the request be rejected.
Employers are encouraged to discuss FWA requests in an open and constructive manner, and to explore alternative arrangements if the employees' original request cannot be granted. However, there is no mandatory requirement for employers to implement any appeal mechanism unless the employer's grievance policies so provide.
Conclusion
The introduction of the Tripartite Guidelines in Singapore represents a progressive endorsement of flexible working as being an important part of the future of work for the nation. Employers are encouraged to implement clear and fair processes to consider employees' requests for flexible working and to work towards building a culture of trust to promote higher job satisfaction and accountability amongst employees.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.