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Employee laws and regulations formalize the relationship structure between employers and employees and protect their rights from employment up to contract termination. These laws vary in different countries, especially in terms of employee termination. Some countries impose strict rules on employee termination, while other countries are lenient toward it.
In Singapore, companies can terminate an employee due to several reasons. These reasons can be underperformance, misbehavior, breach of employment contract, or changes in company needs. Upon employee termination, should Singapore companies take special actions, consider certain legalities, and compensate the employee?
This guide will tackle what the employment contract has to do with employee termination and some reminders when terminating an employee in Singapore.
Basically, the employment contract will serve as your primary guide at the time of employee termination. So if you are terminating an employee you should first refer to the employment contract of the specific employee. In such a case, the employment contract states that:
Always consider the following factors when terminating an employee:
You must notify IRAS if you are terminating a foreign employee with a work permit. You are also required to withhold last month salary of the employee. Then ask the employee to go to IRAS and get fast track assessment. After this the employee is required to make payment of taxes and get a tax clearance certificate. Once IRAS has finished the assessment, a tax clearance certificate will be issued. This certificate confirms that all taxes have been paid, and you can release the withhold sapary payment due to the employee.
This procedure may take around 10-21 days. However, if there are outstanding tax liabilities against the employee, IRAS may present a stop order certificate.
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