When there is no work, employers should support employees with reduced work hours to take on a second job (i.e. part-time, temporary work) to make up for lost income. This will help them mitigate the impact of COVID-19 on their livelihood.
Employees can take on a second job, unless there are:
- Prohibitions in their current employment contract from taking on other forms of work; and/or
- Conflict of interest with their current employment.
If (a) and/or (b) are present:
- Employees should discuss and clarify with both employers should there be conflict of interest or conflict in work scheduling.
- Employers should be considerate and supportive towards employees’ circumstances during this period. Employers are encouraged to waive contractual prohibitions against taking on a second job and help employees resolve conflicts of interest where possible given that they initiated the reduced work hours and reduced salaries to save costs.
Employees should ensure that they are able to take on both jobs without compromising the interests of each employer and be transparent in terms of the requirements of both jobs to their employers. This would help to prevent downstream disputes over work schedules, salaries and other employment benefits.
Key principles on sharing responsibilities between first and second employer
For the period when employees are scheduled to work for you, you are responsible for their salaries, CPF contributions, and statutory and contractual benefits which may be pro-rated based on the reduced work hours.
For the period when employees are working for their second employer, you are not responsible for any contractual or statutory obligations.
For the period when employees are scheduled to work for you, you are responsible for fulfilling the key terms and conditions specified in the employment contract.
You are encouraged to provide employees with sick leave entitlement and medical benefits even though the employment duration may be less than 3 months.
Under the Employment Act, employees who have worked for 3 months or more are entitled to paid outpatient sick leave and paid hospitalisation leave.