Application for Overtime Exemption in Excess of 72 Hours a Month Under Section 38(5) of the Employment Act - Singapore

This Singapore-specific "Application for Overtime Exemption in Excess of 72 Hours a Month Under Section 38(5) of the Employment Act" is a document released by the Singapore Ministry of Manpower.

Download the fillable PDF by clicking the link below and use it according to the applicable legal guidelines.

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Application for Overtime Exemption in excess of 72 hours a month under Section
38(5) of the Employment Act
This form may take you 15 minutes to complete. You will need the following information to fill in the form:
Company particulars (e.g. Business/Factory Registration No., contact person, work-related accidents
reported to MOM)
Overtime exemption details (e.g. Number of employees affected, period of exemption sought,
union’sviews)
Affected employees (acknowledgement form)
Endorsement of Risk Register by WSH Auditor
– Applicable only to factories or workplaces covered under
the Workplace Safety and Health Act (WSH Act).
Note:
1.
Section 38(5) of the Employment Act limits the extent of overtime work of an employee to 72 hours a month.
Employers must seek the prior approval of the Commissioner for Labour for exemption from section 38(5) if
they require any employee to work in excess of 72 hours a month.
2.
Please note that work done on rest days or public holidays are not included in the 72 hrs limit for overtime.
However if the employees are required to work beyond their normal working hours on the rest day or public
holiday, the extra hours of work performed would be included in the 72 hrs limit.
3.
The period of exemption sought could be for a period of up to 2 years.
4.
Pregnant female employee or employees under the age of 18, are not allowed to perform overtime work
exceeding 72 hours a month.
5.
Application for overtime exemption will not be considered under any of the following circumstances:
1
a.
The company has any outstanding Stop Work Order or Remedial Order
pending rectification;
b.
The company has any work-related fatal accident or adverse employment records with the Ministry
of Manpower in the last 12 months prior to the application for overtime exemption; or
c.
The work activity seeking for overtime exemption is one of the work activities listed in ANNEX A.
6.
Application for overtime exemption in factories or workplaces listed in the First Schedule of the
2
Workplace Safety and Health Act
are to conduct a risk assessment on the work activities in which overtime
exemption is sought.
The risk assessments should demonstrate that measures are in place to protect
employees and that only LOW risk activities are engaged during the extended working hours. The risk
3
assessment shall be endorsed by a WSH Auditor
. See ANNEX B for more details on risk assessment.
7.
Applications for exemption are to be submitted at least 3 months before the commencement of the overtime
4
work to
mom_lrwd@mom.gov.sg
or you may submit it online via the Employment Standards Online (ESOL)
.
1
Stop Work Order or Remedial Order issued under section 21 of the Workplace Safety and Health Act.
2
.
Workplace Safety and Health Act is available at http://statutes.agc.gov.sg/
3
The list of WSH Auditors could be obtained at MOM’s Website:
http://www.mom.gov.sg/Documents/safety-health/WSH_Auditing_Services.pdf
4
Employment Standards Online (ESOL) is a one-stop portal for organisations and the general public to transact with the Labour Relations
and Workplaces Division (LRWD).
Information on the Employment Standards Online (ESOL) could be obtained at MOM Website
http://www.mom.gov.sg
(under Services and Forms>>Workplace Relations and Standards>>Employment Standards>>Employment
Standards Online (ESOL) For Business Users).
Application for Overtime Exemption in excess of 72 hours a month under Section
38(5) of the Employment Act
This form may take you 15 minutes to complete. You will need the following information to fill in the form:
Company particulars (e.g. Business/Factory Registration No., contact person, work-related accidents
reported to MOM)
Overtime exemption details (e.g. Number of employees affected, period of exemption sought,
union’sviews)
Affected employees (acknowledgement form)
Endorsement of Risk Register by WSH Auditor
– Applicable only to factories or workplaces covered under
the Workplace Safety and Health Act (WSH Act).
Note:
1.
Section 38(5) of the Employment Act limits the extent of overtime work of an employee to 72 hours a month.
Employers must seek the prior approval of the Commissioner for Labour for exemption from section 38(5) if
they require any employee to work in excess of 72 hours a month.
2.
Please note that work done on rest days or public holidays are not included in the 72 hrs limit for overtime.
However if the employees are required to work beyond their normal working hours on the rest day or public
holiday, the extra hours of work performed would be included in the 72 hrs limit.
3.
The period of exemption sought could be for a period of up to 2 years.
4.
Pregnant female employee or employees under the age of 18, are not allowed to perform overtime work
exceeding 72 hours a month.
5.
Application for overtime exemption will not be considered under any of the following circumstances:
1
a.
The company has any outstanding Stop Work Order or Remedial Order
pending rectification;
b.
The company has any work-related fatal accident or adverse employment records with the Ministry
of Manpower in the last 12 months prior to the application for overtime exemption; or
c.
The work activity seeking for overtime exemption is one of the work activities listed in ANNEX A.
6.
Application for overtime exemption in factories or workplaces listed in the First Schedule of the
2
Workplace Safety and Health Act
are to conduct a risk assessment on the work activities in which overtime
exemption is sought.
The risk assessments should demonstrate that measures are in place to protect
employees and that only LOW risk activities are engaged during the extended working hours. The risk
3
assessment shall be endorsed by a WSH Auditor
. See ANNEX B for more details on risk assessment.
7.
Applications for exemption are to be submitted at least 3 months before the commencement of the overtime
4
work to
mom_lrwd@mom.gov.sg
or you may submit it online via the Employment Standards Online (ESOL)
.
1
Stop Work Order or Remedial Order issued under section 21 of the Workplace Safety and Health Act.
2
.
Workplace Safety and Health Act is available at http://statutes.agc.gov.sg/
3
The list of WSH Auditors could be obtained at MOM’s Website:
http://www.mom.gov.sg/Documents/safety-health/WSH_Auditing_Services.pdf
4
Employment Standards Online (ESOL) is a one-stop portal for organisations and the general public to transact with the Labour Relations
and Workplaces Division (LRWD).
Information on the Employment Standards Online (ESOL) could be obtained at MOM Website
http://www.mom.gov.sg
(under Services and Forms>>Workplace Relations and Standards>>Employment Standards>>Employment
Standards Online (ESOL) For Business Users).
APPLICATION FOR EXEMPTION FROM SECTION 38(5)
OF THE EMPLOYMENT ACT
Company’s Particulars
1)
Name of Company :
2)
Business Registration Number (ACRA No.) :
Factory Registration No (if applicable)
:
3)
Address :
4)
Tel No :
Fax No. :
Name of Contact Person :
Email Address of contact person:
5)
Nature of Business :
(Please describe in detail)
6)
Name of Employees’ Union :
(if applicable)
Have your union’s views been sought? :
*Yes/ No
7)
Current Workforce as at
/
/
: Male [
]
Female [
]
Total [
]
(Day/Mth/Yr)
8)
Does your company have any work-related fatal accident in the past 12 months?
*Yes/ No
5
9)
Is there any outstanding Stop Work Order or Remedial Order
pending rectification?
*Yes/ No
Information on Occupations requiring Exemption
10)
Location of workplace requiring exemption (if different from main address)
Address:
2
5
Stop Work Order or Remedial Order issued under section 21 of the Workplace Safety and Health Act.
11)
Classification of employees requested to work overtime in excess of 72 hours a month
Occupation/Department
No. Affected
Work Activities (General Description)
12)
Information in respect of Occupations for which Exemption is sought
Hours of Work (excluding overtime):
(i) Non-Shift Work
Time
Breaks
Mondays to Fridays
to
to
Saturdays
to
to
Total working hours per week (excluding break hours)
:
(ii) Shift Work
Time
Breaks
1st Shift
to _
to
2nd Shift
to _
to
3rd Shift
to _
to
Total working hours per week (excluding overtime and break hours):
13)
Reasons for the need to work in excess of 72 hours a month.
14)
What are the efforts made by the management to reduce the excessive hours of work?
15 (a) Period of exemption sought :
/
/
to
/
/
(Day/Mth/Yr)
(Day/Mth/Yr)
(b) Date of last approval (if any):
3
#
16. Have you informed the affected employees
of the following:
i)
Overtime work is not compulsory, even if this application is approved.
ii)
Overtime is paid at a minimum rate of 1.5 times the hourly basic rate of pay. iii)
The exemption, if granted, allows an employee to work up to 12 hours a day.
iv)
The exemption, if granted, does not apply to pregnant employees and those under the age of
18 years.
*Yes/ No
#
Employees are required to sign the Employees’ Acknowledgement Form
I declare that the above information and that the Risk Register of Work Activities (if applicable) given
by me are true and correct to the best of my knowledge and belief, knowing that I shall be liable to
prosecution if I willfully stated anything to be false and did not believe to be true.
Name & Signature of Applicant
Designation
Date
*Delete where appropriate
4
6
EMPLOYEE’S ACKNOWLEDGEMENT FORM
OVERTIME EXEMPTION SECTION 38(5) OF
THE EMPLOYMENT ACT (CAP 91)
We confirm that the following had been explained to us regarding our employer’s application for exemption from overtime work exceeding 72 hours a
month.
1) Overtime work is not compulsory, even if this application is approved.
2) Overtime is paid at a minimum rate of 1.5 times the hourly basic rate of pay.
3) An employee shall not work more than 12 hours a day.
4) The exemption, if granted, does not apply to pregnant employees and those under the age of 18 years.
5) Appropriate protective equipment (if applicable) is provided during working hours.
Employment Start
S/No
Name
NRIC/ WP No
Occupation
Department
Contact No.
Signature
Date
1
2
3
4
5
6
7
8
9
10
Note to employee:
- Ministry officials may contact you to verify the above.
- You may refer to our website at www.mom.gov.sg on overtime work or contact us at:
Email:
mom_lrwd@mom.gov.sg
MOM Contact Centre: 6438 5122
5
6
At least 50% or 10 (whichever is lesser) of the affected workers must acknowledged in this form

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