Employment Law in Singapore Series Part 3: Benefits for Working Parents in Singapore 新加坡雇佣法系列 (第三章):新加坡在职父母所享福利
The Singapore Government has introduced several incentives for working parents to foster a pro-family environment in Singapore by supporting parents in having and raising children. Benefits for working parents are provided for under the Child Development Co-Savings Act 2001 (“CDCA”) and maternity protection granted by the Employment Act 1968 (“EA”).
新加坡政府为在职父母推出了几项激励措施,以鼓励在职父母组建家庭营造有利于家庭的环境。《儿童发展共同储蓄法案2001》 (“CDCA”) 为在职父母提供了一系列的福利,《雇佣法案1968》 (“EA”)则为在职母亲提供了生育产假的法律保护。
Leave Entitlement under the CDCA 《儿童发展共同储蓄法案2001》下提供的休假权利
Under the CDCA, “employee” is defined as any person who has entered into or works under a contract of service with an employer in Singapore, and includes a workman (as defined in the EA) and any officer or employee of the Singapore Government.
根据《儿童发展共同储蓄法案2001》,“员工“被定义为与新加坡雇主签订或根据雇佣合同工作的任何人,包括《雇佣法案1968》所定义的蓝领工人和新加坡政府雇佣的官员或普通员工。
Maternity Leave 产假
“Employees” under the CDCA are eligible for sixteen (16) weeks of paid maternity leave if:
在以下情况下,《儿童发展共同储蓄法案2001》下的“员工“有资格享受十六周的带薪产假:
- the employee’s child is a Singapore citizen;
女性员工的孩子是新加坡公民; - she has served her employer for a continuous period of at least three (3) months before the birth of her child, or if self-employed, she has been engaging in her work for at least three (3) continuous months and has lost income during the maternity leave period; and
在孩子出生前,有关员工已连续为雇主工作至少三个月,或如属自雇人士,该女性自雇人士已连续从事有关工作至少三 个月,并且在产假期间失去了收入;和 - she has given her employer at least one (1) weeks’ notice before going on maternity leave, and informed her employer as soon as possible of her delivery.
女性员工在休产假前至少一周已经通知了雇主,并在分娩后及时通知了雇主有关分娩情况。
Employers may claim reimbursement from the Singapore Government in accordance with the Singapore Government-Paid Maternity Leave.
雇主则可以根据新加坡政府的带薪产假补贴的规定向新加坡政府申请有关费用的报销。
Shared Parental Leave 共享育儿假
A working father who qualifies as an “employee” under the CDCA can also apply to share up to four (4) weeks of his wife’s sixteen (16) weeks of Maternity Leave, subject to his wife’s agreement, if his child is a Singapore citizen and he is lawfully married to the child’s mother.
若在职父亲的孩子是新加坡公民,并且他与孩子的母亲合法结婚,那么这位符合《儿童发展共同储蓄法案2001》下的“员工“资格的在职父亲也可以在得到妻子的同意的情况下申请分享他妻子的共计十六周的产假中的最多四周。
Paternity Leave 陪产假
A working father who is an “employee” under the CDCA is entitled to Government-Paid Paternity Leave (“GPPL”) for all births if:
根据《儿童发展共同储蓄法案2001》对“员工”的定义,在职父亲有权在以下条件得到满足的情况下享受政府补贴的“带薪陪产假”(“GPPL”):
- his child is a Singapore citizen;
孩子为新加坡公民; - he is or had been lawfully married to the child’s mother between conception and birth; and
他在受孕至孩子出生期间与孩子的母亲合法结婚或曾合法结婚;及 - he has served his employer for a continuous period of at least three (3) months before the birth of his child or, if self-employed, has been engaged in his work for a continuous period of at least three (3) months before the birth of his child, and has lost income during the paternity leave period.
他在孩子出生前连续服务雇主至少三个月,或如属自雇人士,他已连续从事相关自顾工作至少三个月,并在陪产假期间失去了收入。
A working father who meets the criteria set out above is entitled to two (2) weeks of GPPL, with each week of GPPL capped at S$2,500.
符合上述标准的在职父亲有权享受两周的带薪陪产假,每周的带薪陪产假上限为2,500新元。
Childcare Leave 育儿假
A parent who qualifies as an “employee” under the CDCA is eligible for Government-Paid Childcare Leave if he or she meets the following requirements:
符合《儿童发展共同储蓄法案2001》下的“员工“的定义的父母,若符合下列规定,便可享有政府带薪育儿假:
- his / her child is below seven (7) years old;
他/她的孩子未满七(7)岁; - his / her child is a Singapore citizen; and
他/她的孩子是新加坡公民;和 - he / she has served his / her employer for at least three (3) continuous months or, if self-employed, he / she has been engaging in his / her work for at least three (3) continuous months and has lost income during the childcare leave period.
他/她已经为他/她的雇主服务至少连续三个月,或者,如果他/她是自雇人士,他/她已经连续从事有关自雇工作至少三个月且在育儿期间失去了收入。
A parent and his / her spouse are each entitled to six (6) days per year of childcare leave until his / her child turns seven (7) years old, regardless of the number of children he / she has. Payments are capped at S$500 per day, including Central Provident Fund contributions.
符合条件的父母各自每年都有权享受六天的育儿假,直到孩子满七岁。该育儿假期与孩子数量无关。政府的补贴上限为每日500新元,包括中央公积金缴款部分。
Maternity Protection under the EA 新加坡的《雇佣法案1968》下的生育保障
For employees covered under the EA, maternity protection is also provided to ensure that pregnant employees will not lose their job simply because of pregnancy or maternity leave. All employees (local and foreign) are covered under the EA if they are working in Singapore under a contract of service with an employer, unless he or she is a: (a) seafarer; (b) domestic worker; or (c) statutory board employee or civil servant.
《雇佣法案1968》为有关员工提供了生育保障,以确保怀孕的员工不会因为怀孕或需要休产假而失去工作。所有员工(包括本地与外籍员工)若根据与雇主签订的雇佣合同在新加坡工作,均受《雇佣法案1968》的保障。当然:(a) 海员;(b) 家庭佣工;或 (c) 法定委员会员工或公务员则不在《雇佣法案1968》的保护范围内。
It is an offence for an employer to dismiss an employee while she is on maternity leave.
在新加坡,雇主在员工休产假期间解雇员工的行为是违法的。
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