On 16 April 2024, the Tripartite Alliance for Fair and Progressive Employment Practices (TAFEP) introduced the Tripartite Guidelines on Flexible Work Arrangement Requests (TG-FWAR).
The TG-FWAR will be mandatory for all employers, and is intended to shape the right norms and expectations around requesting flexible work arrangements (FWA) in Singapore. FWA is a progressive employment practice that benefits both employers and employees.
Employers who offer FWAs will find themselves more attractive to job applicants, and better able to retain talent. This is evidenced by a 2022 Randstad survey which reflected that 41% of Singapore employees would consider jobs with better flexibility, while 27% have resigned from their jobs due to insufficient flexibility in working arrangements. One possible reason could be that FWAs create a better work culture for Singapore employees by allowing them to integrate their various roles (e.g. employee, caregiver, student, etc).
Whether you are an employer or an employee, the TG-FWAR may have a significant impact on you. In this guide, we answer your most pressing questions on the TG-FWAR:
- What is the TG-FWAR?
- Who implemented the TG-FWAR?
- When does the TG-FWAR come into effect?
- Is the TG-FWAR law? Is it mandatory?
- Who can make an FWA Request under the TG-FWAR?
- Does the TG-FWAR apply to prospective employees/persons seeking a job?
- What if there is an existing FWA application process in place?
- What are the conditions for a formal FWA Request under the TG-FWAR?
- What are the kinds of FWA Requests that can be requested?
- Must employers grant all FWAs?
- How should an employer respond to an FWA request?
- What is the maximum amount of time that an employer may take to respond to an FWA request?
- On what grounds can an employer reject an FWA request?
- What are unreasonable responses to an FWA request?
- What should I, as an employee, do if my FWA request has been rejected by my employer?
- What happens if an employer does not comply with the TG-FWAR?
What are the Tripartite Guidelines on Flexible Work Arrangement Requests? (TG-FWAR)
The TG-FWAR are mandatory guidelines that set out the process by which employees may make a formal request for an FWA arrangement, and how employers must respond.
It does not dictate whether an employer must offer FWA arrangements.
The TG-FWAR will replace the previous Tripartite Advisory on FWA (Tripartite Advisory), and the Tripartite Standard on Flexible Work Arrangements (Tripartite Standards). The previous Tripartite Advisory and Standards were intended to introduce the concept of FWAs to businesses and set out how FWAs can be implemented. They encouraged employers to implement FWAs, but they were not mandatory.
Who Implemented the TG-FWAR?
The TG-FWAR was implemented by TAFEP.
TAFEP is made up of the Ministry of Manpower (MOM), the National Trades Union Congress (NTUC), and the Singapore National Employers Federation (SNEF). TAFEP seeks to promote the adoption of fair, responsible, and progressive employment practices in Singapore.
When Does the TG-FWAR Come Into Effect?
The TG-FWAR will take effect from 1 December 2024.
Is the TG-FWAR law? Is it Mandatory?
The TG-FWAR is mandatory for all businesses and all employers must comply with the TG-FWAR. (See below for more information on the consequences of non-compliance with the TG-FWAR).
Although it is mandatory, the TG-FWAR is not law. Accordingly, enforcement of the TG-FWAR will be largely limited to making an appeal to TAFEP and MOM (rather than commencing legal action before the courts) for recourse. Additionally, non-compliance with the TG-FWAR will not be considered an offence and will not entail penalties under the law, such as fines.
MOM’s position is that the TG-FWAR should not be part of the legislative framework at this juncture as it could lead to a more acrimonious and litigious workplace culture.
Who Can Make an FWA Request Under the TG-FWAR?
All employees who have successfully completed their probation are entitled to submit an FWA request under the TG-FWAR.
The length of an employee’s probation period is determined by the employer. This is set out in the employment contract and is subject to the parties’ agreement at signing. Typically, the probation period is between 3 and 6 months.
Does the TG-FWAR Apply to Prospective Employees/Persons Seeking a Job?
No, the scope of the TG-FWAR does not extend to persons seeking employment.
However, employers are still encouraged to share their approach to FWAs in their job advertisements and during the interview process. This will help manage the expectations of job seekers and facilitate better matches in the job market.
What If There is an Existing FWA Application Process in Place?
The TG-FWAR sets out the minimum standards for formal FWA requests to employers.
However, it does not necessarily replace any existing formal or informal FWA request policies or practices that may already be in place. If the existing system works well for both employers and employees, there is no requirement for employers to modify their practices.
For example, employees may submit an informal request to their employers (such as over the phone or via text message), if the existing system allows such requests. However, if the employer does not accept informal requests or does not have any existing process in place for submitting FWA requests, employees may submit a formal FWA request based on the TG-FWAR and employers must likewise respond in accordance with the TG-FWAR.
Where the employer has a formal request system in place that has additional reasonable requirements that are not set out in the TG-FWAR (e.g. requires all FWA requests to be made via their HR portal, or a specific format of the request), the employee must comply with the employer’s system for the request to be valid.
What are the Conditions for a Formal FWA Request under the TG-FWAR?
An employee may make a formal FWA request by complying with the following conditions:
- The request must be in writing.
- The request must contain the date of the request.
- The request should stipulate the FWA requested, including the expected frequency and duration.
- The reason for the request must be stated.
- The requested start date and end date of the FWA (if relevant).
Employees may also utilise the sample template provided by TAFEP.
If the FWA request does not meet the above conditions, it will be invalid and will not be covered by the TG-FWAR.
If the employer does not have a formal request system in place, a formal FWA request can be made via email or text message and this would fulfil the in-writing requirement.
What are the Kinds of FWA Requests That can be Requested?
FWAs are work arrangements that are variations from the standard work arrangement.
There are 3 broad FWA categories:
- Flexi-Place – where employees work flexibly from locations aside from the business location/office (e.g. telecommuting, work-from-home).
- Flexi-Time – where employees work flexibly at different timings with no change to total work hours and workload (e.g. flexi-hours, staggered hours, flexi-shift).
- Flexi-Load – where employees work flexibly with different workloads and commensurate remuneration (e.g. part-time work, job sharing).
Employees may request one or several FWAs or propose an FWA that is not explicitly identified in the TG-FWAR.
You may refer to TAFEP’s non-exhaustive list of FWAs for more information on possible arrangements.
Must Employers Grant all FWAs?
The TG-FWAR does not require employers to offer FWAs to employees.
It sets out the formal request process for FWAs, and employers are required to consider such requests in a reasonable manner. Employers are also required to share their reason(s) for rejecting a formal FWA request.
TAFEP seeks to encourage employers and employees to have an open and constructive discourse on FWAs, and the TG-FWAR is intended to mandate the platform for that discussion. As far as reasonably practicable, employers are encouraged to explore ways to accommodate such employees’ needs and requests for FWAs. However, ultimately, employers may reject such requests if there are valid business grounds to do so (see below).
How Should an Employer Respond to an FWA Request?
The response should be in writing (e.g. via HR portal messages, email or text messages).
Employers have the prerogative to reject employee’s FWA requests. If the employer is rejecting the FWA request, the reason(s) for rejection should be provided in the written response.
If the FWA request has been rejected, the employer is encouraged to discuss possible alternatives with the employee that meet both organisational and employee needs.
Employers may refer to the Template Employer Response Form provided by TAFEP for further guidance.
What is the Maximum Amount of Time That an Employer May Take to Respond to an FWA Request?
An employer must communicate their decision within 2 months from the date of the request.
Discussions and clarifications on the FWA request should be made before the expiry of the 2-month period.
On What Grounds Can an Employer Reject an FWA Request?
When assessing an FWA request, employers should focus on factors related to the employee’s job and how the requested FWA will objectively affect the business and the employee’s performance.
Possible reasonable/valid grounds for rejection include, but are not limited to:
- The FWA will lead to significant business costs to the employer.
- The FWA will be detrimental to productivity or output.
- The FWA will negatively impact the organisation’s ability to meet customers’ needs.
- The FWA is not feasible or is impractical due to the nature of the job.
- There is no capacity to change other employees’ work arrangements to cater to the FWA request.
What are Unreasonable Responses to an FWA Request?
Employers should not reject FWA requests based on personal bias against FWAs, or for reasons that are not directly linked to business outcomes.
Examples of unreasonable grounds for rejection include:
- The employer does not believe in FWAs.
- The supervisor prefers direct sight of employees in the office to ensure that they are working, even though the employee has consistent satisfactory work performance.
- It is the organisation’s tradition to not have FWAs.
What Should I, as an Employee, Do If My FWA Request has been Rejected By My Employer?
If the FWA request has been rejected on legitimate and reasonable grounds, you are encouraged to engage in an open conversation with your employer on other possible alternatives that may meet both parties’ needs.
For example, you might have initially requested for a flexi-load arrangement where you will have a lighter workload with commensurate remuneration due to caregiving responsibilities. However, your employer has shared that this is not feasible as they are unable to adjust the workload of other employees to cater to the request. You may consider proposing a flexi-time arrangement instead where your workload does not change, but you have the flexibility to complete the work at a schedule that accommodates your caregiving obligations.
What Happens If an Employer Does Not Comply With the TG-FWAR?
An employer would not be complying with the TG-FWAR if they do not accept formal FWA requests, or do not give a reasonable reason for a rejection.
If an employer does not comply with the TG-FWAR, the employee is encouraged to use internal grievance handling processes to manage their concerns as far as possible.
If the employee has no further recourse to handle the dispute internally, the employee may approach TAFEP, NTUC, or their respective unions for advice and assistance.
TAFEP will attempt to educate employers on FWAs to help them comply with the TG-FWAR. For employers who still refuse to comply with the TG-FWAR, MOM may issue warnings or require them to attend mandatory HR training.
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The TG-FWAR is a step forward towards a more progressive workforce in Singapore. It highlights that there must be an ongoing conversation between employers and employees on FWAs.
Employees should be familiar with their right to request FWAs and how to exercise this right in accordance with the TG-FWAR. At the same time, they must also be mindful of proposing FWAs that make business sense for their employers.
Likewise, employers must be aware of their obligations under the TG-FWAR and are encouraged to have in place clear FWA processes and policies to facilitate the discussion. While the Singapore government seeks to encourage the adoption of FWAs amongst businesses in Singapore, employers can be assured that this is not to be to the detriment of the business.
If you have any further concerns or queries about the TG-FWAR or how certain employment laws (e.g. salary, work hours) will apply in conjunction with an FWA, you may contact an employment lawyer for further information and advice.
