Section 5: Agreements

5. Agreements (1) Subject to subsection (3), no person shall enter into an agreement where remuneration is to be paid at intervals of more than one month. E9B – 7 [Issue 6] Employment Rights Act (2) Any agreement which contains a provision inconsistent with subsection (1) shall, to the extent of the inconsistency, be void. (3) Subject to subsections (3A) and (3B), where a worker, other than a migrant worker, has been in the continuous employment of an employer under one or more determinate agreements for more than 24 months, in a position which is of a permanent nature, the agreement shall, with effect from the date of the first agreement, be deemed to be of indeterminate duration. (3A) An employer may enter into an agreement with a worker for a specified period of time— (a) in respect of a specified piece of work; (b) in replacement of another worker who is on approved leave or suspended from work; (c) in respect of work and activity which are of a temporary, seasonal or short-term nature; (d) for the purposes of providing training to the workforce; (e) for a specific training contract; or (f) in accordance with a specific scheme set up by the Government or a statutory corporation. (3B) An agreement under subsections (3) and (3A) shall be made in writing. (4) Where a worker— (a) is required to report at a place of work, or conveyed there by his employer or his employer’s agent; and (b) is found fit and willing to perform the work for which he was required, or conveyed, the worker and the employer shall be deemed to have entered into an agreement. (5) Where a worker is required to perform task work, his employer or his employer’s agent shall, before the work is commenced, inform the worker of the nature of the task he is required to perform and the rate at which he will be remunerated for that work. [S. 5 amended by s. 4 of Act 6 of 2013 w.e.f. 11 June 2013.]