11th Jan 2022

Employer to Employer Letter

Dear Fellow Employers,

We are writing this open letter to all of you with regards to the government advisory that is going to take effect from 15 Jan 2022. From 15 Jan 2022 onwards, we would be asked to enforce the government advisory that our unvaccinated employees cannot come back to workplaces to work at all, with or without a valid PET test.

As you may know, we are also employers. We are facing the problems all employers are facing.

We appeal to you to exercise compassion in the treatment of our unvaccinated employees.

As Singaporean bosses, we are bound by our duty to obey the laws of Singapore. We understand that exercising compassion and complying with the laws can sometimes be conflicting. It is difficult to live up to both qualities at the same time. However, we do believe with creativity and looking at the clear wordings used in the law/advisory, we can find a balance between the 2 - and that both qualities can be achieved at the same time.

We have met with all our employees to talk about the path moving forward, and many adjustments have been made. Basically to achieve compassionate treatment and comply with the law at the same time.

As employers, we ought to be more creative and think of solutions out of the box. For those who wish to share tips or to learn from each other how the laws can comply compassionately you are free to message us below.

At the same time, we wish to inform our fellow employers that our legal duty to comply with all contracts remains in force. The Advisory states that the employment of an unvaccinated staff can be terminated only as a “last resort”. As we consulted with our lawyers, this advisory was not exhaustive in its approach. The term “last resort” means that as employers we must exhaust all potential considerations before exercising the right to terminate - that is why it is called the “last resort”.

In layman terms, if you terminate your employees based on “not being able to work at workplaces resulting from not being vaccinated” you may still be hauled to the Court to answer for wrongful dismissal if your employees choose to sue you. From what we understand of the law and from our lawyers, the burden of proof remains with us  - We have to prove that we had exhausted all considerations before termination, and we cannot use government advisory as supporting evidence. As no government advisory can give you a reasonable excuse to breach an ongoing contract with your employees. This is consistent with Rule 6 of the WSH covid 19 regulation. 

Do note that a breach of Rule 6 can lead to a chargeable offense. Terminating an employment contract is not just merely paying the notice in lieu but an additional penalty of paying more. The Court could also order you to reinstate the staff and pay compensation if the Court is satisfied that the dismissal is wrongful.

The government has never explained to the bosses that their blanket statement in their advisory does not in any way protect the employers from legal liability arising from the breach of the employment agreement. Do you think that if you, as an employer, were to be hauled to the Court for wrongful dismissal, the government would pay for any legal fees you may incur as a result?

Some of us are also volunteers/members in the Healing the Divide movement. As a movement we have engaged lawyers to draft up letters that employees can properly put employers on legal notice. The letter is given to Singaporean employees for a small fee of S$ 50. For those employees who cannot afford to pay, we would be giving them for free. The Rule of Law is important, and it is time that our unvaccinated employees have the protection of the Law.

I also understand that Healing The Divide and other groups in Singapore are in the process of filing lawsuits to bring the government of Singapore to the Court of Law via a Judicial Review process. That would take time. They would seek to quash the order or the relevant clauses in the related Acts on the basis of Irrationality.

In the meantime, we appeal to our fellow employers to comply with the prevailing laws, even if they may be irrational and nonsensical. I also appeal to your compassion where our employees are concerned.

Feel free to add your signature to this letter to show solidarity with all the unvaccinated employees about to lose their jobs.

From Nation and People Loving, Concerned Entrepreneurs and Bosses in Singapore.

Please go to this link to sign and read the petition to Employers.
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We have prepared 2 more letters: 

1) Those with Medical Exempt and whose jobs are being threatened because they are not vaccinated. 

2) Those who wish to show their employers the legal summary of not terminating unvaccinated employees in haste. 

You may purchase these letters at https://www.healingthedivide.cc/employer

Thank you for your support and please stay strong.