Singapore: Singapore’s Public Services Department (PSD) stated that public officials who choose not to receive the COVID-19 vaccine, despite being medically eligible, may be given unpaid leave as a last resort.
Prior to this, the Ministry of Health announced on October 23 that only fully vaccinated employees (or employees who have recovered from COVID-19 in the past 270 days) will be able to return to the workplace starting next year.
In response to CNA’s inquiry, a PSD spokesperson said that from January 1st, if work permits, it “will do its best” to allow unvaccinated people to work from home.
The spokesperson added that if there are such jobs, these officials may be redeployed to other jobs that can be carried out at home, with pay “commensurate with the duties of the alternative job.”
“If an official chooses not to be vaccinated even if he is medically eligible for vaccination, and if he cannot be redeployed, we may put the person on unpaid leave as a last resort, or allow the contract to expire without Renew it again.”
This is largely in line with the measures outlined by the Ministry of Manpower and Ministry of Health, the National Trade Union Congress and the Singapore National Employers’ Federation last month.
According to its website, Singapore’s public service sector has approximately 153,000 employees in 16 ministries and more than 50 statutory bodies.
PSD says that approximately 98% of people have been fully vaccinated against COVID-19. It will “strongly encourage” the remaining 2% (including about 3,000 police officers) to be vaccinated to protect themselves and others.
PSD says that only a “small part” is medically not eligible for mRNA vaccines, referring to Pfizer-BioNTech and Moderna COVID-19 vaccines.
It said these officials should receive non-mRNA vaccines under the national vaccination plan, which now provides Sinovac.
Encourage workers to vaccinate
Other employers also stated that they are encouraging employees to get vaccinated, including UOB which stated that 99% of its 9,000 employees in Singapore have been vaccinated.
“For the remaining 1%, we are working with them to understand their situation,” the bank spokesperson said.
The spokesperson added: “When the new arrangement takes effect in 2022, we will ask them to follow the latest recommendations regarding regular testing and workplace requirements.”
The supermarket chain FairPrice—which employs approximately 13,000 employees here—does not specify how many employees have been vaccinated, but pointed out that it encourages all employees to be vaccinated to better protect themselves from the coronavirus.
It said: “In order to dispel any concerns and resolve any questions that employees may raise, we invite health professionals to conduct interactive online seminars so that employees can better understand the benefits of vaccination and have the right to make wise choices.”
FairPrice did not specify the actions that will be taken when the mandatory workplace vaccination starts next year, but said it will “take measures and guidelines implemented by the authorities while ensuring that we protect the interests and welfare of employees.”
E-commerce giant Amazon, which employs approximately 2,000 full-time and part-time employees in Singapore, said it provides cash benefits to “support hourly front-line employees and employees to be vaccinated against COVID in remote locations”.
For employees who choose not to be vaccinated, the company said it will “consider the guidance of the local government, review the situation and choice of workplace.”
“Our idea is based on what we think is the most beneficial factor for our customers, while also striving to make employees more flexible in their work environment and life,” it said.
Can the company fire employees who have not been vaccinated?
A notice issued by the Ministry of Manpower in October stated that as a last resort, unvaccinated employees who cannot work from home may be terminated with a notice period.
“If the termination of employment is due to the employee’s inability to complete contractual work at the workplace, such termination will not be considered improper dismissal,” it wrote.
Amarjit Kaur, a lawyer who specializes in employment issues, said this is a sign of a difference from the previous consultation, which pointed out that employers should not punish, fire or threaten to fire employees who refuse to receive the COVID-19 vaccine.
A partner with Withers KhattarWong said: “This shift shows that a stronger stance is taken against individuals who choose not to be vaccinated without medically disqualifying, in order to promote the vaccination of as many people as possible, rather than compulsorily. vaccination.” .
Ms. Kaul pointed out that the proposal does not allow companies to directly fire employees who have not been vaccinated, although it may actually have a similar impact.
She said: “Since the Singapore government itself is no longer ashamed of compulsory vaccination, it is questionable whether the company can directly perform the vaccination task and terminate vaccination directly based on the vaccination status.”
But attorney Goh Seow Hui said that such suspension or dismissal is reasonable to protect the safety and health of the workplace, because the government has effectively switched to a “no injections, no work” approach.
“In my opinion, safeguarding the safety and health of the workplace is a strong foundation for enforcing vaccine tasks and should override personal preferences/convictions,” said Ms. Goh, a partner at Bird & Bird Law Firm.
The lawyer said that although the United States and other countries have seen workers file lawsuits against companies that require them to be vaccinated, such claims are unlikely to succeed in the United States.
Ms. Goh said that the decision to suspend or dismiss employees based on their unwillingness to get vaccinated cannot be described as “arbitrary or discriminatory” because it is reasonable in terms of workplace safety and health.
She pointed out that in most cases, employees who have not been vaccinated will have the opportunity to be vaccinated or be allowed to work from home and be placed.
Ms. Kaur pointed out that the proposal allows employers to fire employees who have not been vaccinated because he or she cannot perform contract work in the workplace.
“Unless an unvaccinated employee can prove an extenuating situation, or the employer exercises its discretion in some way to deal with unvaccinated employees in a capricious or otherwise unwarranted manner, otherwise such employees are not May have the right to seek legal recourse from their employer,” she said.
