The difference between a contract of employment and a contract for employment

What is the difference between a contract of employment and a contract for employment? If I am a business owner, which contract should I use when hiring: a) employees, b) part-timers and c) independent contractors? This article will first discuss the differences between these two legal concepts before concluding with some practical pointers for business owners. 

Britney Spears under conservatorship – Will I ever be placed under one?

On 29 September 2021, fans of the American singer – Britney Spears – cheered when the court suspended her father’s role as her conservator. Britney had previously claimed that her conservatorship was “oppressive” as her father controlled almost every aspect of her life. The court subsequently terminated the conservatorship completely on 12 November 2021. This article seeks to explain how a conservatorship works, and shed light on similar legal arrangements in Singapore. It will explain when someone might be placed under such a legal arrangement and how Britney can challenge her conservatorship if she was in Singapore.

Avoiding Tax Avoidance When Incorporating a Medical Practice

It is said that nothing in life is certain, except death and taxes. This is especially true for doctors who frequently witness deaths in their occupation and, more recently, have had the taxman knocking on their doors. The Inland Revenue Authority of Singapore (“IRAS”) has been going after doctors aggressively for tax avoidance after finding out that doctors have been setting up companies primarily to reduce their tax liabilities. Against this backdrop, a doctor running his own practice as a sole proprietor may be unsure if the benefits of incorporating a company for his medical practice would outweigh the risk of committing tax avoidance. This article provides guidance for doctors on how to incorporate a company without committing tax avoidance.

Witholding of an employee’s salary

Singapore’s employment law mandates that salary must be promptly paid to resigning employees even if the employee had wronged the employer; this is a strict position with only a few rare exceptions allowed.  Further, the courts have clarified that any wrong caused by a resigning employee is a separate matter. As a separate matter, the proper recourse by the employer to right any such wrong would be to take legal action against the employee under the terms of the employment contract. 

The Endgame of Section 377A Litigation: Case note on Tan Seng Kee v Attorney-General [2022] SGCA 16

*By: Don Ho Jia Hao I. IntroductionThis case is the latest instalment of more than a decade of litigation on the constitutionality of s 377A of the Penal Code (“PC”).[1] Section 377A provides:Outrages on decency377A. Any male person who, in public or private, commits, or abets the commission of, or procures or attempts to procure … Continue reading The Endgame of Section 377A Litigation: Case note on Tan Seng Kee v Attorney-General [2022] SGCA 16

A Non-parent’s Maintenance Obligation

Imagine you marry someone with a child from a prior relationship. Initially, you do not mind caring for this child. Then, your marriage sours and you no longer want anything to do with your spouse or the child. However, can your initial conduct of caring for the child unknowingly saddle you with a legal obligation to maintain him/her even when you may not want to? The answer is yes.

Shareholders vs Mismanagement by Directors: The power of a Statutory Derivative Action

Usually, a company would have a legal claim against such misbehaving directors. However, the directors of a company are the ones who decide when the company takes legal action. Does this mean the company is left helpless to claim for its losses from these directors? Thankfully not. As a shareholder, although you are typically unable to cause the company to take legal action, the law provides an exception to this rule under Section 216A of the Companies Act. This is called the “statutory derivative action”.