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If an employer does not stipulate a process for an employee to make a formal FWA request, employees could make a formal FWA request in writing, using the template provided in the guidelines.
Singapore recently introduced a new set of guidelines on flexible work arrangement (FWA) requests, to take effect from 1 December 2024. The recommendations aim to shape the right norms and expectations around FWAs, outlining how employees should request formal FWAs and use them, and how employers and supervisors should handle FWA requests.
Following this announcement, the Singapore National Employers Federation (SNEF) has released a set of frequently asked questions to further clarify any queries on the guidelines.
Q. Does TG-FWAR mandate that employers provide FWAs or have a FWA policy?
The Tripartite Guidelines on Flexible Work Arrangement Requests (TG-FWAR) does not mandate that employers implement FWAs company-wide or have FWA policy. At the same time, employers that have existing FWA in place or FWA policy should continue these practices.
The TG-FWAR focuses on setting expectations for employees and employers to play their respective roles in requesting and using FWAs responsibly, and considering FWA requests properly. It will allow for a more calibrated approach to resolving disagreements, centred on encouraging communications between employers and employees.
This will foster a give-and-take mindset towards FWAs and help build a harmonious workplace culture.
Q Must employers put in place a process e.g., set up the stipulated process such as designing a form, for employees to request for formal FWA?
If the employer has a process for employees to submit formal FWA requests (e.g., submit via work portal or via email to supervisor), employees should follow these requirements by default.
If the employer does not stipulate a process for an employee to make a formal FWA request, the employee could make a formal FWA request in writing, using the template provided in the guidelines, with the following information:
- Date of the request,
- The FWA requested for, including its expected frequency and duration,
- Reason for the request, and
- Requested start date and end date (if relevant).
Q Besides the possible business grounds for rejection listed on TG-FWAR (i.e., cost, detrimental to productivity or output and feasibility or practicality), is an employer able to reject employee’s FWA request if the employee has poor performance, or the nature of job does not allow for FWA?
Employers have the prerogative to decide on work arrangements based on their business needs. These would include assessing based on individual, team or the organisation’s productivity or output, or if it negatively impacts the organisation’s ability to meet customer needs.
When assessing an employee’s FWA request, employers can consider the impact on the employee’s work performance and the nature of job.
Q How will the TG-FWAR be enforced? Will employers be penalised for not adhering to the TG?
The TG-FWAR adopts an educational and enabling approach with a focus on equipping employees and employers with the resources and skills to make and properly consider FWA requests respectively.
According to the Federation, instead of enforcement by the Ministry of Manpower (MOM) — such as the curtailment of work pass privileges, Tripartite Alliance for Fair and Progressive Practices (TAFEP) will play the role of advising these employers on how to rectify their processes, and provide resources to help them adhere to the TG-FWAR.
The TG-FWAR adopts an educational and enabling approach with a focus on equipping employees and employers with the resources and skills to make and properly consider FWA requests respectively.
TAFEP will focus on the process, but not on the outcome, of FWA requests.
For example, if an employee has complained that they are dissatisfied with FWAR outcomes even though employer had adhered with TG-FWAR requirements, TAFEP will explain to the employee why this is not considered a breach. TAFEP will not subject employers to further checks but may encourage employer to consider ways to better handle FWARs and provide them with relevant resources.
MOM may issue a warning and require employers to attend corrective workshops only in cases where employers are recalcitrant and/or willfully refuse to comply with the TG-FWAR even after rounds of educational efforts by TAFEP.
ALSO READ: Singapore's new guidelines on flexible work arrangement requests to take effect on 1 December 2024
Lead image / 123rf.com
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