Pre Employment Agreement for Singapore

Pre Employment Agreement Template for Singapore

A Pre-Employment Agreement under Singapore law is a legally binding document that establishes conditions and requirements that must be met before formal employment begins. It typically includes provisions for background checks, medical examinations, confidentiality obligations, and data protection requirements. The agreement is governed by Singapore employment law, including the Employment Act and Personal Data Protection Act, and sets out clear expectations and obligations for both parties prior to the commencement of employment.

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What is a Pre Employment Agreement?

The Pre Employment Agreement is a crucial document used in Singapore when companies wish to formalize conditions that must be satisfied before employment can commence. It provides legal protection for both employers and prospective employees during the pre-employment phase, addressing matters such as conditional offers, background verification, and preliminary obligations. Under Singapore law, this agreement helps ensure compliance with employment regulations while protecting confidential information and establishing clear expectations. The document is particularly important for positions requiring specific qualifications, security clearances, or regulatory approvals.

What sections should be included in a Pre Employment Agreement?

1. Parties: Identification of the employer and prospective employee

2. Background: Context of the potential employment relationship

3. Definitions: Key terms used throughout the agreement

4. Conditional Offer: Terms and conditions that must be met before employment commences

5. Confidentiality: Obligations regarding confidential information

6. Data Protection: PDPA compliance and data handling provisions

What sections are optional to include in a Pre Employment Agreement?

1. Non-Compete: Restrictions on future employment with competitors - used for senior positions or roles with access to sensitive information

2. Medical Examination: Requirements for medical clearance - used for positions requiring specific physical capabilities

3. Background Checks: Verification of qualifications and history - used for positions requiring specific qualifications or security clearance

4. Work Pass Conditions: Requirements for foreign workers - used when hiring foreign employees

What schedules should be included in a Pre Employment Agreement?

1. Schedule 1 - Job Description: Detailed outline of the role and responsibilities

2. Schedule 2 - Required Documentation: List of documents needed before employment commences

3. Schedule 3 - Background Check Authorization: Forms for authorizing verification checks

4. Schedule 4 - Medical Examination Requirements: Specific health checks required, if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Singapore

Publisher

Genie AI

Document Type

Employment Contract

Cost

Free to use
Relevant legal definitions
Clauses
Industries

Employment Act (Chapter 91): Primary legislation governing employment relationships in Singapore. While mainly focused on active employment, it provides crucial context for pre-employment terms and conditions.

Personal Data Protection Act 2012 (PDPA): Governs the collection, use, and disclosure of personal data. Critical for handling candidate information and obtaining necessary consents during pre-employment.

Employment of Foreign Manpower Act: Regulates the employment of foreign workers in Singapore, including work pass requirements and conditions that need to be addressed in pre-employment.

Industrial Relations Act: Provides framework for employer-employee relationships and industrial relations system in Singapore, informing pre-employment agreement terms.

TAFEP Guidelines: Tripartite Alliance for Fair and Progressive Employment Practices guidelines that ensure fair and non-discriminatory hiring practices.

Fair Consideration Framework: Guidelines ensuring fair employment opportunities for Singaporeans and preventing discriminatory hiring practices.

Singapore Contract Law: General principles of contract law including formation, consideration, and capacity to contract that apply to pre-employment agreements.

Confidentiality Provisions: Legal requirements and best practices for protecting company confidential information during pre-employment phase.

Intellectual Property Rights: Legal framework for protecting company IP and establishing ownership of pre-existing IP brought by potential employees.

Data Protection Clauses: Specific requirements under PDPA for handling personal data in pre-employment context, including consent and storage requirements.

Non-compete Provisions: Legal framework for restrictive covenants in Singapore, including limitations and enforceability of non-compete clauses.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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