How to Run Payroll in Thailand

If you’re looking to expand your company or hire employees in Thailand, it’s crucial to obey its local regulations, especially when it comes to Thailand payroll. 

However, effectively running Thailand payroll can be demanding. One reason is that Thai labor laws can be complex, and it isn’t always easy to keep up with frequent amendments. But if you flout these laws, you risk getting a penalty or other negative legal consequences.

Your best bet is to familiarize yourself with Thailand payroll processes. Hence, we’ve created this guide to help you avoid compliance issues in Thailand. Whether you’re a business owner or an HR manager, this article will help you handle Thailand payroll with information on everything from taxes to payroll software.

Preparing for Thailand Payroll

Running payroll in Thailand typically begins with these factors:

Before you can handle payroll activities, your business has to be a legal entity in Thailand. This process can take several months as it involves registering the company, sorting out paperwork, getting employment permits, and understanding Thailand’s employment regulations. 

To do so:

  • Register your company name in Thai (not English or another language) with the Department of Business Development.
  • File a memorandum of association. This document provides details about your company, including its founders and activities. 
  • Choose a company type. It could be a public limited company, private limited company, partnership, or a branch office (for foreign companies).
  • Register your entity with the Ministry of Commerce. 
  • Register with the Thai Revenue Department for a company registration certificate and income tax number. 
  • If you’re not a Thai citizen but your company has a physical location in Thailand, apply for an alien business license.
  • Create a Thai bank account. It’s required to operate in the country..

However, you can skip the rigorous process by using an Employer of Record (EOR).

To put it simply, EOR is an organization that legally hires employees on behalf of an employer. They simplify the process and handle administrative and legal responsibilities, such as payroll, compliance, taxation, and employee benefits. 

However, setting up an EOR for your business can take up to six months and may be costly. It is important to assess your needs and budget to determine which way to go when registering your entity.

Tax identification number

A Tax Identification Number (TIN) is a unique identifier the government assigns to individuals and business entities for easy taxation. You need a TIN to open a business bank account. To get one, register with the Thai Revenue Department. And if your turnover exceeds the threshold of 1.8 million baht within 12 months, register for a VAT number.

Employment obligations

Thailand requires employers to provide specific mandatory benefits. Depending on the length of employment, job position, and industry, they include:

  • Annual leave and public holidays

Full-time Thailand employees who have worked for a year are entitled to six days of paid annual leave. However, some employers offer workers 10 to 15 days of paid vacation every year to compete in the market. Workers who don’t use their vacation time can accumulate and carry it forward. 

Besides annual leave, workers are entitled to at least 13 compulory public holidays yearly. 

  • Maternity leave

Expectant mothers in Thailand are entitled to 98 days of fully paid maternity leave. While the employer pays for the first 45 days, the government pays the remaining period through the Social Security fund at 50% of the regular salary rate.

  • Sick leave

In Thailand, an employee is entitled to 30 days of paid sick leave every year after working for a year. If the sickness persists for over a month, they can use their paid vacation or take unpaid leave. And if an employee falls ill for more than three consecutive days, they are required to submit a medical certificate.

Read next: HR’s Guide to Employee Leave Management

Thailand Payroll Processing Steps

Thailand payroll

Employees in Thailand generally earn monthly in the local Thai Baht currency. However, some companies may pay employees bi-monthly or weekly, depending on their internal policies and agreements with employees. Once you’ve settled payment dates, here’s how to process Thailand payroll:

1. Calculate gross salary

Calculate the total amount an employee earns prior to any deductions. This includes their basic salary, overtime, allowances, bonuses, commissions, and any other payments they get. Gross salary does not include taxes, social contributions, or other deductions. 

Thailand operates a monthly payroll cycle with a maximum of eight working hours daily and 48 hours per week. Employees who work more than 48 hours a week should be paid overtime, which is 150% of the employee’s hourly rate.

For example, an employee’s earns:

  • 30,000 baht as a basic salary 
  • 5,000 baht as housing allowance
  • 2,000 baht as transportation allowance

In that instance, their hourly rate is 125 baht (30,000/30/8). If they work 10 hours of overtime in a month, their overtime pay will be 187.5 per hour (150% of 125 baht). Multiplied by 10, that’s 1875 baht.

Therefore, the employee’s gross salary is 38,875 baht.    

Additional reading: Thailand Minimum Wage Guide for Employers

2. Withhold income tax

Once you’ve registered your company, you can withhold tax from your employees’ salaries. Thailand operates a progressive income tax system, and tax rates range from 0% to 35% depending on income levels

Employers and HR managers must calculate and deduct income taxes from employee earnings while considering the applicable tax rates. They should also remit the withheld income taxes to the Revenue Department by the 7th of the following month, alongside proper documentation and reporting.

Learn more: Understanding Income Tax in Thailand

3. Payroll contributions

When running Thailand payroll, you should also withhold and remit these other payroll taxes with income tax. 

  • Workmen’s Compensation Fund

This compensation fund offers financial assistance to employees who suffer from work-related injuries, disease, disability, illnesses, or death. Employees contribute 0.2% to 1% of their earnings to this fund once a year. 

  • Employees Provident Fund

The Provident Fund is a voluntary retirement savings plan that gives financial support to employees when they retire. Contributions typically range from 2% to 15% of an employee’s salary.

  • Social Security Fund

As part of Thailand payroll, employers and employees should contribute to the Social Security Fund by paying 5% of their income (capped at 875 baht per month) on the 15th of every month. This fund covers employees during unemployment, disability, maternity and paternity leave, injury, illness, death, and retirement. 

4. Process authorized deductions

After withholding all authorized deductions such as income tax, social security contributions, employee provident fund, etc., process them for remittance.

First, ensure all deductions align with Thai statutory demands. And if you are withholding more than stipulated, let it be a written agreement between the employee and employer through the employment contract or a separate authorization form.

5. Calculate net salary

Net salary is the money an employee takes home after deducting tax, contributions, and other withholdings from their paychecks.

Say an employee’s gross salary is 38,875 baht. You’ll have to deduct the percentages of the social security funds, employee provident fund, and income tax to get their net salary.

Payroll Payment and Records

Managing Thailand payroll involves using certain payment methods and records while adhering to labor laws and tax regulations. They include:

Payment methods

Employers must pay employees at least once a month, typically at the end of the month, via cash, bank transfer, or cheque. Furthermore, you should state your company’s specific payment dates in the employment contract so workers know when to expect their salary.

Payslips

Payslips should include employees’ gross salary, authorized deductions, and net salary. They should also include employee data, payment dates, and overtime or bonuses. Employees should receive their pay slips as hard or soft copies on or before payday.

Overtime pay

As mentioned earlier, employees who work beyond the standard 48 hours should receive an overtime fee of 150% of their hourly wages. 

If an employee’s hourly rate is 125 baht and works overtime for 10 hours a month, their overtime pay will be 1875 baht (150% of 125 =187.5 baht per hour multiplied by 10).  

Year-end tax adjustments

Year-end tax adjustments are crucial to Thailand payroll and tax compliance. They ensure employers withhold the accurate amount of personal income tax from employees’ salaries throughout the year while complying with the Revenue Department’s regulations.

Carry out year-end tax adjustments before the last payroll of the year. Furthermore, inform employees of updates while maintaining accurate records of all Thailand payroll transactions and adjustments for easy annual review.

Recordkeeping

Regular recordkeeping is essential when handling Thailand payroll. It ensures correct payroll processing and compliance with labor laws. Furthermore, it also encourages transparency between employers and employees.

Your payroll records should contain employee information, gross salary, allowances, benefits, payment dates, authorized deductions, and net pay.

Payroll software

Adhering to employment regulations and keeping records can be challenging. But with software, it becomes easier. Thankfully, many HR software exist to solve payroll problems. They automate calculations, track employee work hours, and streamline your payroll workflow.  

This helps eliminate errors, ensure accuracy, and simplify the process of processing Thailand payroll. But before choosing payroll software, ensure the pricing plan suits your company’s budget and its features align with your organizational goals. 

Read next: The HR Tools Growing Teams Need in 2024

Benefits of Payroll Software for Thailand Payroll

Thailand payroll

Enhanced accuracy and efficiency

Payroll software helps you keep and maintain accurate records of all transactions, including earnings, deductions, and payment histories. It automates the Thailand payroll process and reduces errors in computing salaries, overtime, taxes, and other calculations. The best part is that anyone on your team can easily access and retrieve relevant data, boosting efficiency and productivity.

Improved compliance

Using these tools makes it easier to follow through with labor laws. For example, it automatically calculates compulsory deductions from salaries. And when there are changes in Thai laws or tax regulations, you can easily update the tool to reflect them.

Cost savings and time management

Automating routine tasks like calculating earnings, withholding tax, and generating reports frees up space for more HR and finance duties. Also, since these tools help you process payment for multiple employees simultaneously, they save time and money that would have been spent executing the tasks manually.

Integration with HR Systems

Integrate your payroll software with other HR, accounting, and enterprise resource planning (ERP) systems to efficiently execute other administrative tasks. This improves your workflow and ensures a smooth process. It also reduces the need to duplicate efforts and creates a synchronized transition between systems.

Read next: What is HRIS? Why HR Needs Automation in 2024

Enhanced security

Many software have encryption features that secure and protect employee information and sensitive financial data from unauthorized access. This is necessary for the security of any company.

Automate Your Thailand Payroll Processes and Ensure Compliance

Navigating the ever-evolving regulations of Thailand payroll can be challenging, and staying up to date with the latest mandates is crucial for HR teams to remain compliant.

Omni helps HR teams stay up to date with the latest laws and regulations while streamlining the end-to-end employee management lifecycle. Our comprehensive payroll solution is tailored to Thailand’s specific requirements. With features like support for Thai baht, automated tax calculations, and instant payroll reports, Omni can help HR teams simplify their payroll processing while ensuring compliance.

Understanding Income Tax in Thailand

Thailand, like elsewhere in the world, has a complex tax system designed to collect money from its residents and workers, and invest that money back into the country. The government takes it seriously—which means you and your organization need to comply and keep up-to-date with its regulations.

Every country has its own nuance to income tax collection, and Thailand is no different. In this article, we’re going to dive into everything you need to know about income tax Thailand, including Thailand income tax for foreigners, dates you’ll need to file on, and personal income tax Thailand.

What income is taxable Thailand?

Thailand’s tax system might seem a bit complex at first glance, but understanding the basics isn’t overly daunting when you break it down. Let’s start with the big question: what kinds of income are actually taxable in Thailand?

If you live in Thailand (or spend more than 180 days a year there), you’re considered a tax resident. This means you’ll be taxed on your worldwide income, not just what you earn from your work in Thailand. If you’re not a resident, you’re only taxed on the income you earn within Thailand.

Here’s a quick overview of what generally falls under the taxable income umbrella:

  • Employment Income: This includes your salary, bonuses, commissions, and any other benefits you get from your job.
  • Business Income: If you own a business or are self-employed, your profits will be taxed.
  • Investment Income: This covers things like interest, dividends, and capital gains from investments.
  • Rental Income: If you own property and rent it out, that income is taxable.
  • Other Income: This can include things like royalties, pensions, and certain types of windfalls.

Thailand also has a few specific rules and exemptions that can affect your income. For example, certain types of income are exempt from tax, and there are deductions and allowances that can lower your overall tax bill. We’ll delve deeper into these in the upcoming sections.

Keep in mind that this is just a high-level overview. The specifics can get a bit more complicated, so it’s always a good idea to consult with a tax professional for personalized advice. But hopefully, this gives you a good starting point to understanding how income tax Thailand works.

Read next: Thailand Minimum Wage Guide for Employers

Who has to pay income tax Thailand?

personal income tax Thailand

The main factor involved with who pays what tax in Thailand comes down to residency. But Thailand has a unique take on what constitutes residency, and how that affects your income tax. Here’s how it works:

Resident income tax

If you live in Thailand, or you’re here for more than 180 days a year, you’re considered a tax resident. This means you’ll need to pay income tax on all your income, whether it’s earned in Thailand or overseas (if you bring it into the country). So, your salary, business profits, investment income, etc., it’s all on the table.

Non-resident income tax

If you don’t meet those residency criteria, you’re a non-resident for tax purposes. This means you’ll only pay income tax on the money you earn within Thailand. If you’re a digital nomad working remotely for a foreign company, for example, your earnings wouldn’t be subject to Thai income tax as long as they stay outside of Thailand.

What are the rates of personal income tax Thailand?

Thailand has a progressive tax system, which means the more you earn, the higher the rate you pay. This is designed to be a fairer way to tax income, so workers who make less don’t feel an unnecessary tax burden. The rates for 2024 for residents (those staying in Thailand for more than 180 days) look like this:

If you’re earning ฿ 500,000 per year:

  • The first ฿150,000 is tax-free.
  • The next ฿150,001-300,000 is taxed at 5%
  • The remaining ฿200,000 is taxed at 10%

Of course, this is just an example and your actual tax situation could be affected by a number of different deductions and allowances. Make sure to consider your own circumstances and talk to a professional if you have any confusion.

What about non-residents?

If you’re a non-resident, the Thailand income tax for foreigners looks a bit different. For 2024 the income tax Thailand rates are:

  • Employment income: Flat rate of 15% (unless your employment contract states otherwise)
  • Other income: Progressive rates from 5% to 35%, depending on the type and amount of income.

What are the deductions in personal income tax Thailand?

There’s some good news when it comes to paying your income tax Thailand—you can claim deductions to lower your taxable income, and take a bit of the sting out of tax season. Here are some common deductions you should strive to take advantage of:

Social Security contributions

Everyone in Thailand chips in towards the country’s social security system. This comes straight out of your paycheck, but the good news is that you can deduct it from your taxable income.

Provident fund contributions

If your employer offers a provident fund (similar to a retirement savings plan), your contributions to it can be deducted, too. This is a great way to save for the future and lower your tax bill at the same time.

Medical expenses

You can usually deduct some of your medical expenses, including health insurance premiums and costs for certain treatments. This can be a big help, especially if you’ve had major medical costs.

Charitable donations

Giving to charity is a great thing to do, and the Thai government incentivizes it by offering tax deductions. There are specific rules about what types of donations qualify, so be sure to check those out.

Just remember, the amount you can deduct for each of these things often has a limit. For example, for social security, you can only deduct up to ฿ 9,000 per year. And for donations, the maximum deduction is usually 10% of your taxable income.

What are double taxation agreements? 

If you’re a foreigner living and working in Thailand, you might be worried about getting hit with a double tax whammy – paying Thailand income tax for foreigners and your home country on the same income.

Luckily, Thailand has signed double taxation agreements (DTAs) with over 60 countries, including the US, UK, Canada, Australia, and many others. These agreements are international tax treaties designed to prevent this double taxation issue, which can put an unfair tax burden on non-Thai workers.

How do DTAs work?

It varies from agreement to agreement, but the general idea is that a DTA will set out rules for how each country taxes certain types of income. This includes items like:

  • Which country has the right to tax certain income: For example, a DTA might say that your salary is only taxable in Thailand if you’re working there.
  • Reduced tax rates: Some DTAs might even offer reduced tax rates on certain types of income to make things more favorable for taxpayers.
  • Tax credits: If you do end up paying taxes in both countries, a DTA might allow you to claim a tax credit in one country to offset what you’ve already paid in the other.

It’s important to note that even if your home country has a DTA with Thailand, the way it applies to you can depend on your specific circumstances. It’s always best to consult with a tax professional to make sure you’re taking full advantage of any available benefits and avoiding any unexpected tax bills.

One common question people ask is, “how do I know if my country has a DTA with Thailand?” The easiest way is to check the list of countries with DTAs on the Thai Revenue Department website or consult with a tax advisor.

When to file income tax Thailand?

Mark your calendars, because tax season in Thailand typically runs from 1 January to 31 March of the following year. This means if you earned income in 2024, you’ll need to file your tax return by 31 March 2025. Filing late might incur legal penalties, so ensure you’re on top of a timely tax filing.

However, there are a few nuances and exceptions to consider. These are:

  • E- Filing: As of January 2024, new rule grants an automatic 8-day extension for returns and payments filed online, making the tax filing deadline 8 April instead. 
  • Mid-Year Returns: If you own a business, you might need to file a mid-year return by 31 August for the first half of the year.
  • Extensions: In certain situations, you might be able to get an extension to file your return. It’s best to check with the Revenue Department to see if you qualify.

How to file income tax Thailand?

Thailand income tax for foreigners

Filing your income tax Thailand doesn’t have to be a headache—the Thai Revenue Department offers several options to make it as easy as possible:

Online submission

This is the most convenient and popular option. You can file your tax return online through the Revenue Department’s e-Filing system. It’s a secure platform that guides you through the process step-by-step. Plus, if you’re expecting a refund, you’ll usually get it faster this way.

Mobile app

Prefer to file on your phone? The Revenue Department’s RD Smart Tax mobile app lets you do just that. It’s a user-friendly app that’s available in both Thai and English, so you can file your taxes on the go.

Paper forms

If you’re more comfortable with the traditional way, you can always file a paper return. You can download the forms from the Revenue Department’s website or pick them up at your local tax office. Just fill them out and submit them before the deadline (usually 31 March for the previous year’s income).

Whichever way you choose to file, make sure you submit your tax return on time to avoid any penalties or late fees.

Things You’ll Need for Filing Personal Income Tax Thailand

Before you jump into filing your personal income tax Thailand, it’s a good idea to gather a few important documents. This will make the process smoother and help ensure everything is accurate.

1. Taxpayer identification number

This is your unique ID for tax purposes in Thailand. If you’re a citizen or resident, it’s usually your national ID card number. If you’re a foreigner, you’ll have a tax ID card issued by the Revenue Department.

2. Income documents

You’ll need proof of all the income you earned during the tax year. This could include:

P.N.D. 50: This is the withholding tax certificate your employer should provide, showing your salary, taxes withheld, and other important details.

Bank statements: These can help verify your income from interest, dividends, or other sources.

Business income statements: If you own a business, you’ll need these documents to show your revenue and expenses.

3. Expense documents

Don’t forget about deductions! Gather documents that can help prove your eligible expenses:

  • Medical bills and receipts
  • Charitable donation receipts
  • Provident fund statements
  • Proof of life insurance premiums, home loan interest payments, etc.

4. Tax withholding

If your employer or other payers have withheld any of your personal income tax Thailand, you’ll need proof of that. This can be found on your P.N.D. 50 or other withholding tax certificates.

5. Double taxation agreements

If you’re a foreigner and your home country has a DTA with Thailand, you might need to provide a residency certificate or other documents to claim benefits under the agreement.

Simplify Income Tax Thailand with Omni

Understanding Thailand’s tax regulations is crucial for businesses to fulfill their tax obligations accurately and timely. That’s why it’s important to have the right tools by your side to ease this complicated process.

Omni offers a comprehensive payroll solution tailored to Thailand’s specific requirements. With features like support for Thai baht and automated tax calculations, Omni can help HR teams simplify the process for personal income tax Thailand. 

With our automated payroll software, digitized and secure pay slip distribution, and dedicated support teams to guide your team and ensure compliance with income tax Thailand, Omni’s payroll processing reduces the administrative burden of your HR team and frees up valuable time to dedicate to more impactful business processes.

Book a demo today and learn how Omni can help you streamline your income tax Thailand processes to ensure compliance for your organization.

Computing and Administering Separation Pay in the Philippines

This article explains how to compute and administer separation pay in the Philippines. It details the formulas for different types of termination and outlines the legal requirements employers must follow. This guide aims to help both employers and employees understand the separation pay process.

What is a separation pay?

Separation pay, severance pay or termination pay refers to the compensation an employee receives upon leaving the company. During situations like layoffs, company downsizing, close of business or mutual agreement, employers may choose to provide separation pay.

This voluntary benefit is provided by employers to alleviate the impact of termination, to support the employee through retirement or until they find new employment. A typical separation pay package may also include benefits such as continued health insurance, outplacement services, or payment for unused vacation days.

In the Philippines, employers must provide severance pay to employees terminated with authorized causes under the Labor Code. If an employer defaults on their obligation, employees can file a complaint with the Department of Labour and Employment (DOLE). The department will investigate the complaint and may initiate conciliation or mediation proceedings to resolve the issue. If the employer fails to comply, DOLE can impose penalties and sanctions, including legal action to enforce compliance.

What is the difference between final pay and separation pay?

Final pay and separation pay are both types of compensation an employee receives when their employment ends. However, their purposes and calculations differ.

Employees are entitled to receive their final pay, regardless of the reason for leaving. It typically includes unpaid salary or wages, accrued but unused vacation or paid time off (PTO), and any other earnings such as bonuses, commissions, or overtime pay that are due.

Unless provided under employer’s discretion or stated in their employment contract, employees receiving separation pay upon termination aren’t entitled to a final pay. This is an added compensation provided to support employees during the transitions period after leaving the organization.

Separation pay is calculated based on factors such as length of service, position and reason for termination. Final pay is calculated differently. It is calculated based on the benefits accrued and whether the employee is salaried, or paid on an hourly basis. 

The timing is also different. Final pay is usually provided on the employee’s last working day or shortly thereafter, depending on company policy and local labor laws. While for severance pay, the timing and amount is outlined in the severance agreement which may be based on company policy, employment contracts, or collective bargaining agreements. For example, an employment contract might specify that severance pay is provided as a lump sum within 30 days of termination. 

Relevant reading: How to Compute Overtime Pay in the Philippines

Who qualifies for separation pay?

severance pay

Eligibility is a major requirement for companies when administering severance pay. Without it, employees wouldn’t qualify for severance benefits when their employment ends. These criteria ensure fairness and protect the company from legal issues. 

Also, without clear eligibility, disputes could arise over who gets severance pay and why. Here we’ve listed common scenarios where employees typically qualify for separation pay, as well as cases where they do not:

Redundancy

There may be times when the position held by an employee is no longer necessary. This may be due to overstaffing, restructuring, technical changes or other reasons leading to a reduced need for such a position. To ease the impact of redundancy during this period, companies often offer severance pay. 

Closure or cessation of operation

A layoff can happen when a company, or a part of it, shuts down completely. This may be due to financial difficulties, or other significant changes in the business environment. Such individuals qualify for severance pay to provide financial support during the transition period as they seek new employment and to compensate for the sudden loss of their job through no fault of their own.

Reduction of workforce

This is otherwise known as Reduction in Force (RIF), which is a corporate term that refers to a situation where a company decreases the number of its employees. This can be done to cut costs, or a restructuring that leads to improved changes and adaptation to market changes. When such layoffs happen, based on the employment contract or the goodwill of an employer, employees can be let go with severance packages. 

Dismissal without cause

Another case where your workers may be qualified for a separation pay is when there is a termination of employment without any fault or misconduct by the employee. For example, an economic downturn that forces a company to let go of employees despite their satisfactory performance.

Under the Labor Code, other criteria include the installation of labor-saving devices, where a company installs new technology that makes certain positions redundant. Additionally, in the case of employees who suffer from a disease that cannot be cured within six months and continued employment is prejudicial to their health and that of their co-workers, these employees are entitled to separation pay.

Now, it’s important to note that criteria stated above are authorized cases. Authorized here refers to situations where the termination is justified under specific conditions outlined by Philippine labor laws, or company’s policy. 

However, there may be cases where employees who are being terminated from their job aren’t qualified to receive severance pay. 

This may be due to the following reasons:

Dismissal for just cause: This refers to violations done by employees that led to their termination from work. These violations include gross misconduct such as theft, fraud or serious breaches of company policy. Also, when an employee fails to meet job expectations despite warnings and support then the employee has a fair reason to layoff the employee. 

Voluntary resignation: Employees who voluntarily choose to leave their work, whether due to personal reasons or to take up a new role at another company, typically do not qualify for a severance package. This is because severance pay is generally intended to support employees who lose their jobs through no fault of their own, such as during layoffs or company closures. When an employee resigns voluntarily, they are making a personal decision to leave, and the employer is not obligated to provide additional financial support beyond final pay for the work already performed.

Completion of a contract: A contractor or temporary employee whose contract ends without renewal is also not qualified for severance package. 

Retirement: When an employee reaches the company’s retirement age or retires as per the retirement policy, they typically do not receive severance pay. This is because retirement is a planned and anticipated event, often accompanied by other retirement benefits such as pensions or retirement savings plans, which are designed to provide financial support post-employment. Therefore, the need for severance pay, which is intended to support employees who face unexpected job loss, does not usually apply in the case of retirement. 

How is separation pay calculated?

As per Article 298 and 299 of the Labor Code,  separation pay is calculated based on the reason for termination and the employee’s length of service.

The Labor Code further states that in cases of installation of labor-saving devices or redundancy, the employee is entitled to receive the equivalent of one month pay for every year of service. 

Hence the formula: 

Separation pay = (one month salary) × (years of service)

While in the case for closure or cessation of business, or health reasons, the employee receives one month pay or half a month pay for every year of service. 

Hence the formula for half a month pay: 

Separation pay = (one month salary) ÷ 2 × (years of service)

How is separation pay administered?

separation pay

The following are ways Philippine employers can administer separation pay that adheres to the laws: 

Notice of termination

A written notice must be provided to let the employee know about the termination of their contract. The notice should include the reason for termination, the effective date, and information about the severance package, if applicable. 

When breaking the news, communicate this with professionalism and empathy. In the Philippines, employees must provide the written notice 30 days before the termination date and the document should outline the grounds for dismissal. A copy of the notice should be provided to the Regional Office of the Department of Labour and Employment where the employer is located. 

Read next: What is a Notice Period?

Payment

The amount and conditions of separation pay are specified by the labor laws and may depend on factors such as the length of employment and the reason for termination. 

Employers can choose to provide severance pay in lump sums or in installments. Both modes of payment have different advantages, and employers should carefully consider which option is beneficial for both parties.

Severance payments should be provided in line with the company policy, or the severance agreement. 

Timing is an important factor here. It must comply with legal requirements or company policy, and outlined in the severance agreement.

Tax withholding

Severance payments are subject to federal and state income taxes, and Filipino employers must withhold these taxes. Other deductions like SSS contributions, Medicare, and mandatory withholdings also apply.

Read next: Preparing for ITR Philippines

Documentation

This is a crucial step as it provides a clear record of the terms and conditions of the separation. Proper documentation includes the severance agreement, which outlines the payment details, any continued benefits, and any conditions such as a release of claims. Both the employer and the employee should sign this agreement to ensure mutual understanding and acceptance. This helps prevent future disputes and ensures compliance with legal and contractual obligations.

Additional considerations

  • Collective Bargaining Agreements (CBA): If your company has a union, you need to take into account clauses stipulated in the CBA when administering separation pay. 
  • Legal consultation: Consult a legal professional to ensure you are doing everything by the books.This prevents potential legal disputes and warrants that all actions taken are fair and lawful.

Leveraging HR Tools for Accurate Pay Calculations

Ensuring accurate pay calculations when administering separation pay is crucial for both employees and employers. It not only assures that you are complying with labor laws, but also fosters trust and fairness in the workplace. 

Optimizing payroll management with HR software like Omni can streamline your processes, reduce errors, and improve overall efficiency when calculating severance pay in the Philippines.

With features like support for Philippine peso, automated tax calculations, and managed SSS, PhilHealth and PAG-IBIG contributions, Omni can help HR simplify your payroll processes and ensure compliance to the Labor Code with ease. 

Try out Omni for 14 days and see how our all-in-one HR software can simplify the intricacies and complexities of your entire end-to-end employee lifecycle and minimize the costs associated with common errors when it comes to severance pay calculations.

The Employer’s Handbook to EPF Contributions in Malaysia

Regardless of which stage you are in your career, saving for retirement should be one of the priorities. Saving early and saving often is the key to a comfortable retirement, which is why Malaysia EPF contribution is crucial.

Both employers and employees are expected to make a Malaysia EPF contribution as a percentage of their salary each month, which is then kept in the fund to be returned to them in retirement (or under certain conditions we’ll get into below). 

But, like lots of bureaucratic necessities, there’s more than a few moving parts and several important legal components you’re going to need to be aware of. Here, we dive into everything you need to know about employer EPF contributions, and how you can advocate for your employees’ future financial security.

Relevant reading: Navigating Malaysia’s Employment Insurance System (EIS)

What is a Malaysia EPF contribution?

In essence, EPF contribution is like a reliable savings plan for Malaysian employees, helping them prepare for their retirement years and other major life events. 

It’s a mandatory program, meaning both your organization and employees need to contribute a portion of their earnings each month. This ensures your employees have a financial safety net in place when they retire, or if something unexpected comes up along the road.

In terms of contribution, you as an employer contribute a larger portion of your employee’s salary to the EPF than they do. This gives a boost to how fast the savings build up, and splits the responsibility between employers and employees. However, KWSP doesn’t just hold onto these contributions—they further invest them and accelerate the savings growth.

When your employees retire (or under certain circumstances like leaving Malaysia permanently, buying a home, or facing medical emergencies), they can access their EPF savings. The EPF contribution is an important part of Malaysia’s economy, allowing for financial stability and growth for all Malaysians.

Read next: Understanding Malaysia’s Employment Act: Updates & FAQs in 2023

Who is responsible for Malaysia EPF contribution?

EPF contribution

As mentioned, EPF contribution is a team effort. Both your organization and its employees have a role to play in Malaysia EPF contribution. 

By law, you as an employer are required to deduct a portion of your employees’ salaries each month and add your own contribution on top. This combined amount is then deposited directly into their individual EPF accounts.

The exact percentage you each contribute is set by the EPF Act 1991 and varies depending on things like your employee’s age and salary. To stay on the right side of the law, make sure to deduct your employees’ contributions from their paychecks and add your portion before sending the total amount to the EPF by the 15th of the following month. It’s important to get this right, as there can be penalties if you don’t.

Omni tip: It’s best practice to encourage your employees to check their EPF statements regularly to ensure timely and accurate contributions.

What payments are liable for KWSP deductions?

In Malaysia, several different types of payment are subject to EPF or KWSP deductions (short for Kumpulan Wang Simpanan Pekerja). Here are the main ones that you should keep in mind:

  • Basic salary: This is the foundation of an employee’s income and is always included in EPF calculations.
  • Wages: This covers all types of pay for work done, whether it’s hourly, daily, weekly, or monthly.
  • Allowances: Most allowances like those for housing, transport, or the cost of living are generally subject to KWSP deductions.
  • Bonuses: Performance bonuses or other extra payments need to be included when calculating KWSP employee contributions.
  • Commissions: If your employees earn commissions, these need to be factored into their EPF contributions.
  • Incentives: Monetary rewards given to employees for good performance are also included.
  • Overtime pay: Payments for working extra hours are part of an employee’s overall earnings and subject to EPF.

It’s important to accurately calculate and perform KWSP deductions from these payments to keep compliant and avoid any legal issues. Stay up-to-date with the regulations and keep your payroll team in the loop to make sure any changes to regulations don’t go unnoticed.

Relevant reading: Your Guide to Malaysia Payroll

How to calculate Malaysia EPF contribution?

Figuring out Malaysia EPF contributions might seem a bit complex, but in this section we break it down into straightforward steps you can follow easily:

1. Know the rates

The percentage you and your employee contribute depends on their age and residency status. Here’s the breakdown for Malaysian citizens and permanent residents as of June 2024:

  • Employees under 60 years old:
    • Employee: 11% of their monthly salary
    • Employer: 13% of their monthly salary (if they earn RM5,000 or less) or 12% (if they earn more than RM5,000)
  • Employees 60 and older:
    • Employee: 5.5% of their monthly salary
    • Employer: 4% of their monthly salary

2. Figure out the total earnings

This includes their basic salary, any additional wages, allowances, bonuses, commissions, incentives, overtime pay, and service charges.

3. Calculate each contribution:

Let’s say your employee is under 60 and earns RM4,000 per month:

  • Employee’s Malaysia EPF Contribution: RM4,000 x 0.11 = RM440
  • Employer’s Malaysia EPF Contribution: RM4,000 x 0.13 = RM520

4. Add them up:

  • Total Malaysia EPF Contribution: RM440 + RM520 = RM960

5. Submit on time

You’ll need to submit these contributions to the EPF by the 15th of the following month. You can do this easily online through the EPF’s i-Akaun (Employer) portal.

Remember, these are just the standard rates. There might be slight variations for non-citizens or under special circumstances. If you’re ever unsure, you can always refer to the official EPF guidelines or reach out to them directly.

How to make Malaysia EPF contributions?

Making Malaysia EPF contributions is a straightforward process that’s made even easier with the online tools available to you. 

Register as an employer: If you haven’t already, you’ll need to register for an account before submitting EPF contributions. You can do this online through the KWSP website or by visiting one of their branches. Once registered, you’ll receive an Employer Reference Number, which you’ll use for all your employer EPF contributions.

Enroll your employees: Make sure all your employees are registered. If they’re not, you can easily register them online or by submitting Form KWSP 3.

Calculate the contributions: You’ll need to calculate the monthly Malaysia EPF contributions for each employee. This depends on their age, salary, and the current contribution rates. We covered how to do this in the previous section, but the KWSP website also has helpful resources and calculators.

Prepare the contribution data: You have two main options for this:

  • Form A: This is the traditional paper form you can fill out with each employee’s details, salary, and the calculated contributions.
  • i-Akaun (Employer): This is the EPF’s online portal where you can easily generate and submit contribution data electronically. It’s a much more convenient option!

Submit the Contributions and Payment: You need to submit the contributions by the 15th of the following month to avoid any late fees. You can do this through:

  • i-Akaun (Employer): Upload your data directly through the portal.
  • Internet banking: Many banks offer EPF payment options through their online platforms.
  • Bank counter: You can submit Form A and pay at designated banks.
  • EPF branch: You can also visit any EPF office to make the payment.

Maintain accurate records: Always keep copies of any forms you submit and receipts for your payments. It’s a good practice to have these records on hand in case you need them later for an audit, or simply to look up data.

Reconcile and report: Double-check your records regularly to make sure everything matches up. The i-Akaun portal is a great tool for tracking your contributions and making sure everything is in order.

What are the Malaysia EPF contribution responsibilities as an employer?

Knowing and performing your employer EPF contribution responsibilities isn’t just a good idea—it’s the law. Here’s what your organization will need to consider as it administers EPF deductions for its employees:

Registration

First things first, you’ll need to register yourself as an employer with the EPF. You can do this online through the KWSP website or at any EPF branch. They’ll give you an Employer Reference Number, which is like your ID for all things EPF.

Next, make sure all your eligible employees are registered with the EPF. If they’re new hires who haven’t been registered before, you can do it for them using Form KWSP 3.

Contributions

Your organization is responsible for figuring out the exact amount to contribute for each employee every month. This includes both your portion as the employer and the portion deducted from your employee’s salary. The exact amount depends on factors like their age and salary, noted in the section above.

Timely payment

It’s important to submit your Malaysia EPF contributions by the 15th of the following month. For instance, January’s contributions should be paid by February 15th. If you miss the deadline, you could face penalties, so set up reminders before the deadline each month.

Record keeping

Keeping track of all your data is key. Make sure you keep copies of all the forms you submit, payment receipts, and any communication you have with the EPF. It’s considered a best practice to keep these records for at least seven years.

Read next: Employee Data Management: How HRIS Can Help Achieve Accuracy and Security

Reporting

Each month, you’ll need to report the Malaysia EPF contributions you’ve made. You can do this using Form A or, more conveniently, through the i-Akaun (Employer) portal. Make sure your employees track their EPF statements regularly as it shows them how much is being saved for their retirement.

What are the EPF contribution responsibilities for an employee?

KWSP deduction

We’ve stressed about your responsibilities for employer EPF contributions, but your employees play an important role as well. Here’s what will be expected of them:

Understanding your contributions

It’s a good idea for your employees to be familiar with the current contribution rates, both for their share and yours as the employer. This will help them understand how much is going into their EPF account each month.

Encourage them to regularly check their EPF statements through the i-Akaun portal. This way, they can make sure everything is accurate and spot any mistakes early on. These statements show them a breakdown of their contributions, any dividends earned, and their overall balance.

Maintaining accurate records

It’s helpful for employees to keep copies of their payslips, since these show how much is being deducted for EPF. If there are any discrepancies, they’ll have the information they need to discuss it with you.

Remind your employees to let the EPF know if they change their address, contact details, or beneficiaries. This ensures they receive important information and that their account is properly managed.

Voluntary contributions

If they’d like to save even more for their retirement, your employees can make additional voluntary contributions to their EPF. It’s a great way to boost their savings and have more financial security down the road.

Even if an employee becomes self-employed or works in the informal sector, they can still contribute to their EPF. This helps them continue saving for their retirement. The i-Saraan program is specifically designed for self-employed individuals and even offers some incentives from the government.

Can employees pay less than 11% for Malaysia EPF contribution?

The standard employee Malaysia EPF contribution is 11% of their monthly salary. However, there are a few situations where they can contribute less. These include:

Temporary rate reductions: Sometimes, the government lowers the mandatory contribution rate to give employees a bit of financial relief. This usually happens during economic downturns, like the recent pandemic when it was reduced to 7%. Keep an eye out for announcements from the government to see if these reductions are in effect.

Things to keep in mind:

  • Even if employees choose to lower their rate, there’s still a minimum they have to contribute. The exact percentage may vary, so it’s best to check the current EPF guidelines.
  • Lowering contributions means they’ll have less saved up for retirement. It’s a trade-off between having a bit more money now and having a more comfortable retirement later.
  • If your employee reduces their contribution, it doesn’t affect yours as the employer. You’ll still need to contribute the standard 12% or 13%, depending on their salary.

Going back to the standard rate: If an employee decides they want to go back to contributing the full 11%, they can do that at any time. They simply need to let the EPF know.

Learn more: Navigating HR Compliance in Malaysia

Automating Payroll Processes with Omni

It’s clear that the Malaysia EPF contribution process is an ever-evolving yet mandatory process for all businesses. Navigating it can be challenging, and staying up to date with the latest regulations is crucial for HR teams to remain compliant. 
Omni helps HR teams stay up to date with the latest laws and regulations while streamlining the end-to-end employee management lifecycle. Our comprehensive payroll solution is tailored to Malaysia’s specific requirements. With features like support for MYR, automated tax and EPF calculations, and instant payroll reports, Omni can help HR teams simplify their payroll processing while ensuring compliance.

Start your 14 days free trial today and see how Omni can simplify the intricacies and complexities of Malaysia EPF contribution process and minimize the costs associated with common errors.

Understanding De Minimis Fringe Benefits in the Philippines

A compensation system goes beyond just salaries and wages. Providing additional benefits is considered best practice as it can enhance employee satisfaction, motivation, and employee retention. One such category of benefits is de minimis fringe benefits, which are small perks provided to employees that are exempt from taxation due to their minimal value.

This article provides Philippine employers with all the essential information about de minimis fringe benefits, including their advantages, tax implications, and examples of common perks.

What are de minimis fringe benefits? 

De minimis fringe benefits are a form of employee perks that are tax-free and provided by Philippine employers as a way to support the welfare of their employees. 

They are provided on an occasional basis and held in little value that it would be difficult to track and tax these benefits. 

Employers are not legally mandated to provide these non-taxable benefits. It can be done on a voluntary basis as a way to drive employee performance and boost engagement in the workplace.

However, the Bureau of Inland Revenue (BIR) has outlined various laws and regulations that must be followed for employers who choose to support their workforce with these benefits. 

The legal basis for de minimis benefits in the Philippines can be found in section 33 [c] of the National Internal Revenue Code (NIRC)

It is important for employers to navigate these laws carefully to ensure compliance and mitigate potential lawsuits. 

Examples of de minimis benefits include movie tickets, catered lunches, break room snacks, t-shirts, coffee cups, and similar items. 

Relevant reading: The Employer’s Guide to Labor Codes in the Philippines

What is the difference between fringe benefits and de minimis fringe benefits?

Fringe benefits are quite similar to de minimis benefits except that fringe benefits typically provide substantial and tangible value to employees and are often subject to taxation, whereas de minimis fringe benefits are minimal in value, provided infrequently, and are usually exempt from taxation due to their insignificant value.

Fringe benefits are taxed at a 35% rate while de minimis benefits remain tax-free as long as it doesn’t exceed the limits prescribed by BIR.

Examples of fringe benefits included in an employees benefits package include retirement plans, employee stock options, health insurance, child care assistance, wellness programs, etc. 

Read next: HR’s Guide to Fringe Benefits

What are the examples of de minimis fringe benefits?

de minimis benefits

Under the Revenue Regulations No. 11-2018, the BIR has outlined 11 types of non taxable de minimis fringe benefits:

  • Monetized unused vacation leave that doesn’t exceed 10 during the year for private employees.
  • Monetized unused vacation and sick leaves for government officials and employees. 
  • Generous employer giving medical cash allowance to dependent employees that doesn’t exceed ₱ 1,500 per semester or ₱ 250 per month.
  • Rice subsidy of ₱ 2,00 or one sack of 50kg rice amounting to not more than ₱ 2,000 per month.
  • Uniform and clothing allowance not exceeding ₱ 6,000 per month.
  • In case an unfortunate event happens, the actual medical assistance provided by the employer not exceeding ₱ 10,000 is considered to be de minimis as well.
  • Laundry allowance that doesn’t exceed ₱ 300 per month is also part of de minimis fringe benefits.
  • If you are an outstanding employee who receives an award and non-cash tangible personal property valued at less than ₱ 10,000, you will enjoy tax-free benefits.
  • Gifts given during Christmas and major anniversary celebrations not exceeding ₱ 5,000 per employee per annum.
  • Another non taxable de minimis fringe benefits would be daily meal allowances for employees who work overtime or in a graveyard shift. The allowance shouldn’t exceed 25% of the basic minimum wage on a per region basis.
  • Benefits received by an employee under a collective bargaining agreement (CBA) and productivity incentive schemes combined not exceeding ₱ 10,000 per employee per taxable year is also a part of the non-taxable compensation.

It is important to note that all other benefits not listed above shall not be considered as de minimis benefits and therefore are subject to income tax and withholding tax on compensation income.

What benefits are not considered de minimis fringe benefits?

In the Philippines, benefits that do not qualify as de minimis fringe benefits typically include those that exceed specified limits or do not fall within the categories defined by the Bureau of Internal Revenue. Here are some benefits that are generally not considered de minimis fringe benefits:

  • De minimis fringe benefits are subject to specific monetary limits set by the BIR. If cash allowances for medical, rice subsidy, or uniform/clothing exceed these limits, they are no longer considered minimal in value and therefore do not qualify as de minimis fringe benefits.
  • Transportation assistance such as the use of company cars that doesn’t also exceed the de minimis threshold.
  • Free membership in clubs or gyms that doesn’t exceed its de minimis limits.
  • Regular bonuses, performance incentives, and other significant monetary rewards are not de minimis.
  • Tuition fees or substantial educational allowance involve significant financial support. These benefits are considerable in value and often ongoing, which makes them ineligible as de minimis fringe benefits.
  • Gifts, prizes or awards of substantial value are also not considered as de minimis fringe benefits.
  • Housing and regular transportation allowance are provided on a frequent basis and have substantial value. This disqualifies them from being de minimis. 
  • Bonuses and performance incentives are typically substantial in amount and intended as significant rewards for employee performance. They are not considered minor or infrequent and thus do not meet the criteria for de minimis benefits.

What are the tax implications of de minimis fringe benefits?

In the Philippines, the tax implications of de minimis fringe benefits are governed by the Bureau of Internal Revenue regulations. Here’s how they are treated:

For employees

De minimis benefits are not subject to federal taxes, therefore employees don’t have to include them as part of their taxable income. There is also no filing process required as these benefits are automatically exempt from taxation due to their minimal value and infrequent nature. This means that employees receive these small perks without any additional tax burden or the need to report them separately on their tax returns, simplifying their financial and tax management.

Additional reading: Preparing for ITR Philippines

For employers

Employers typically need to withhold income taxes from employees’ wages and report these amounts to the tax authorities. However, because de minimis fringe benefits are exempt from taxation, employers do not need to withhold any income taxes on these specific benefits. This simplifies the payroll process and reduces administrative burden associated with employee compensation.

They must ensure that the benefits provided comply with BIR Revenue Regulations No. 3-98 and any subsequent amendments. These regulations specify the types and limits of de minimis benefits that qualify for tax exemption. 

Also for compliance purposes, employers should maintain accurate records of all de minimis benefits provided. 

Overall, de minimis fringe benefits offer tax advantages for both employees and employers, making them an attractive option for providing employee perks.

Learn more: HR’s Guide to Payroll Taxes in the Philippines

What are the advantages of offering de minimis fringe benefits?

Here are the various ways employees and employers can be impacted by de minimis fringe benefits:

For employees

Boost employee morale and engagement

Employees are happier and more engaged with their work when they receive small perks. These de minimis benefits, such as free coffee, small holiday gifts, occasional free meals, or recognition awards, make employees feel appreciated and valued

Enhanced company culture

De minimis benefits help create a positive and supportive work environment, making employees feel more connected and valued. The care and attention received from employers help build a sense of community and belonging among employees.

Improved productivity

Offering de minimis benefits can be used as a tool to facilitate employee performance and productivity. With highly motivated and productive employees, companies can achieve their goals more efficiently. For example, when an employee receives a monthly medical allowance of ₱ 250, it not only helps them manage minor health expenses but also demonstrates that the company cares about their well-being. This appreciation translates into higher morale and motivation, leading to increased efficiency and focus on their tasks. As a result, the overall productivity of the company improves, enabling it to meet deadlines, enhance customer satisfaction, and ultimately achieve its business objectives more effectively.

For employers

Cost effective way to reward employees

Small businesses or startups on a tight budget that are looking for a low-cost yet impactful way to reward their employees should consider de minimis benefits as part of their benefits package.

This is because these benefits are of minimal financial value, making them relatively inconsequential to both the employer and the employee. The cost of providing and accounting for them is often negligible.

Attract and retain top talent

De minimis as a form of additional perks can become a part of a company’s offerings which makes it more attractive to potential hires. 

Employees can increase job satisfaction and retain current employees by customizing their de minimis benefits package to fit their preferences and needs. For example, offering options such as a monthly rice subsidy, small holiday gifts, occasional free meals, or transportation reimbursements can make employees feel valued and cared for. 

Tailoring these benefits to individual preferences not only shows that the company is attentive to their needs but also enhances their overall work experience, leading to increased loyalty. 

Read next: 24 Creative New Employee Welcome Kit Ideas

Reduced absenteeism

Absenteeism has a significant impact on the Philippines workforce, with companies often facing decreased productivity and increased operational costs.

A way for employers to address this issue is by offering support to their employees through small perks such as free snacks, occasional paid time off for personal errands, or small wellness benefits.

Employees who feel valued and appreciated are more likely to have higher attendance and lower absenteeism rates. This contributes to a productive and consistent work environment. 

Unlock the Power of Benefits with Omni

Employee engagement affects every aspect of your organization, from culture to morale, productivity to innovation, investing in your employees by providing de minimis fringe benefits is a sure fire way to improve your business functions and drive growth.

It is clear that de minimis benefits enable businesses to attract, recruit, motivate and retain highly skilled employees. It also results in increased employee satisfaction and loyalty, thereby reducing attrition rates. Omni gives you the tools and resources you need to build a well-organized, engaged workforce and effectively implement your fringe benefits programs.

Omni streamlines not just your de minimis fringe benefits efforts but also automates time-consuming and repetitive tasks, and frees up your valuable time and energy so you can focus on what really matters — strategically engaging and nurturing your team.

Omni’s time off management capabilities help managers and HR teams swiftly navigate employee leave management. Omni’s platform allows you to approve leave applications on the go and keep track of who’s in and out of the office with at-a-glance scheduling. 

Our employee self-service portal empowers employees to submit their time off requests, which automatically routes to the appropriate manager thanks to customizable approval workflows. With automated calculations, employees and managers can easily view leave balances in real-time, and track how many vacation days they have left without having to go through HR.

Want to boost employee engagement? Download our free HR Calendar 2024 for more inspiration!

Navigating Malaysia’s Employment Insurance System (EIS)

Backed by the Malaysian Employment Act, workers in Malaysia enjoy legal benefits that protect them during employment and unemployment. The Employment Insurance System (EIS) contribution is one of these benefits. 

Like any other employment regulation, it has its requirements and processes that every employer must follow while ensuring their employees do the same. As an employer looking to grow your business legally, you must understand the financial implications of the EIS contribution. Failure to comply could result in a penalty.

Hence, this article aims to answer all your questions concerning the EIS scheme. From knowing how to determine eligible employees to understanding the contribution rate, this piece will help you navigate the EIS for proper implementation.

What is the Employment Insurance System (EIS)?

The Employment Insurance System (EIS) is a Malaysian scheme that provides financial assistance to employees who have lost their jobs. Its main aim is to serve as a makeshift source of income for retrenched employees until they find another job. 

It was established on 1 January 2018 and is managed by the governmental organization Pertubuhan Keselamatan Sosial (PERKESO), also known as the Social Security Organization (SOCSO).

This monetary support is funded by monthly contributions from employers and employees. Benefits include allowances for training and job hunting. The scheme also provides additional support, such as career counseling and job matching, so retrenched employees can find another source of income faster.

The EIS scheme is a crucial part of Malaysia’s social security framework. It provides a cushion for retrenched employees and promotes economic stability and adequate welfare in the workforce.

Who qualifies for EIS contribution?

The Employment Insurance System Act 2017 (Act 800) stipulates the requirements to qualify for an EIS contribution. 

Generally, eligible workers who qualify are:

  • Malaysian citizens, whether permanent or temporary residents.
  • Employees aged 18 – 60
  • Those who work in the private sector on a full or part-time basis
  • Those who contribute towards their EIS monthly
  • Retrenched workers

However, while the EIS contribution covers all working Malaysian citizens, some categories of employees are exempted from this scheme. 

They include:

  • Domestic employees
  • Civil servants
  • Employees in local authorities and statutory bodies 
  • Self-employed employees
  • Employees aged 57 and above who have never contributed to the Employment Insurance System. They’re also not required to contribute.
  • Employees who have reached the compulsory retirement age.
  • Workers whose fixed-term contract has expired without renewal.
  • Employees fired for disciplinary reasons out of misconduct.
  • Workers who resigned voluntarily.

Also, not all job losses are eligible for the EIS contribution. The categories of employment loss that qualifies for the Employment Insurance System in Malaysia are:

  • The usual retrenchment or redundancy
  • Voluntary/Mutual separation scheme (VSS/MSS)
  • Constructive dismissal
  • Company closure due to natural disasters or bankruptcy
  • Resignation due to sexual harassment, threats, or being ordered to carry out harmful duties that aren’t within the job scope

On the other hand, the kinds of employment loss that do not qualify for the Malaysian EIS are:

  • Dismissal due to employee misconduct
  • Voluntary resignation
  • Retirement
  • Unconditional termination or expiry of a fixed-term contract

Who is responsible for EIS contributions?

In Malaysia, all employers and employees must contribute to the EIS scheme, whether full-time, part-time, or contract. However, the employer is responsible for remitting the contribution to PERKOSO.

After registering your business and employees with SOCSO to participate in the EIS, deduct the contribution from your salary and employees’ salaries. Then, pay them all to SOCSO regularly. 

Similarly, employees should contribute a certain percentage of their income to the EIS scheme. They should also give their employers accurate and up-to-date information to ensure their correct results when calculating contributions. 

How to Pay for Employees’ EIS

Submit your company’s EIS contribution to Perkoso via the PERKOSO Assist portal. To do this:

  • Log in to the Assist Portal.
  • Click on My Sites and choose EIS-Contribution to generate an Electronic Challan cum Return (ECR).
  • Select Employer Contribution, and when it drops down, click on Add Contribution (Text file).
  • Click on the Text file, upload your EIS file, then submit it.

Once you’ve uploaded and submitted your file, complete your payment via any of these ways:

  • Internet banking.
  • Financial Process Exchange (FPX)
  • Direct Debit Authorisation (DDA)
  • Submit a money order, cheque, or postal order payable to PERKESO. The order or cheque should have your name, Employer Code, and the month and year of contribution written on the back.
  • Remit via your bank portal or counter with your ACR reference. Maybank, RHB Bank, and Public Bank are banks approved by PERKESO as collection agents.
  • Prihatin mobile app

Be sure to submit your employees’ EIS contributions by the 15th of the following month to avoid penalties. Defaulting employers may be prosecuted and punished with imprisonment for a term that may extend to two years and/or with a fine of not more than RM10,000.

What is the EIS contribution rate?

On 1 September 2022, the EIS contribution rate was capped at an insured salary of RM 5,000 monthly. This is in line with the increase of the Wage Ceiling Limit for Act 4 and Act 800 of the EIS scheme in Malaysia. Per the act, the EIS contribution rate is divided into two:

For employer

Employers should pay a total contribution of 0.4% per month. That is, 0.2% of their salary and their employees’ salary. For instance, when wages exceed RM4,000 but don’t exceed RM4,100, employees and employers will contribute RM8.10 each, making it a total of RM16.20.

For employees

Employees should also contribute 0.2% of their hourly, daily, or monthly wages to the Employment Insurance System. 

However, not all income categories are subject to EIS contribution. According to PERKESO, the employees can contribute from wages, overtime, commissions, service charges, allowances and incentives, and leave emoluments. 

The categories exempted from EIS contribution are travel allowance, Employee Provident Fund (EPF) contributions, expenses claim, gratuity or payment for dismissal, benefit in kind, and bonuses.

Read next: Your Guide to Malaysia Payroll

What are the differences between EIS and EPF?

The Employee Insurance System (EIS) and the Employees Provident Fund (EPF) are different social security schemes in Malaysia, and each serves a separate purpose.

For one, EPF is a mandatory savings scheme that helps employees save for retirement. It offers financial support to workers when they retire or can no longer work due to old age or declining health. It is also widely known as the Kumpulan Wang Simpanan Pekerja (KWSP) and is under the Ministry of Finance.

In addition, the EPF comprises about 9% to 11% of employees and 12% to 13% of employers’ monthly income. Its perks include long-term savings for retirement, potential returns on investments, tax benefits, housing and education withdrawals, and monetary support during emergencies.

On the other hand, EIS is an initiative that offers temporary financial support to laid-off employees until they find a new job. The contribution comprises 0.2% of employees’ and employers’ monthly income. Its benefits include job search allowance, training fees, and re-employment programs.

Also, EPF is withdrawable under certain conditions such as retirement age (usually 55), permanent disability, buying a house or leaving the country whereas EIS isn’t withdrawable. Employees only access the periodic payment during involuntary employment.

How do employees register for EIS and can they opt out?

Malaysian employees don’t need to register for the Employee Insurance System. Instead, the EIS contribution mandates all employers to register eligible employees as Insured Persons (IP) as part of the employers’ obligations under the Social Security Organization (SOCSO). 

But first, you must register your business with SOCSO if you haven’t done so already. Afterward, upon hiring a new employee, enroll their details via the EIS portal with these steps:

  • Click on Add Employee.
  • Complete the Employee Information fields and Employee Application Status with the employee’s details, such as their name, identification number, date of employment, salary details, etc.
  • Click on Save to proceed to the next page.
  • Fill in the necessary details on the page, then save and continue.

Employees cannot opt out of the EIS because participation is compulsory for all eligible private sector workers per the Employment Insurance System Act 2017. This is necessary to support employees financially in the event of unemployment.

How does the EIS contribution benefit employees?

EIS

The EIS contribution benefits employees in the following ways:

Temporary income support

The Employment Insurance System offers these temporary income support to retrenched employees:

Job Search Allowance (JSA): This is a replacement income for those who have lost their only job. Eligible recipients will receive the allowance for three to six months, depending on the recipient’s Contributions Qualifying Conditions. For instance, the employee must have paid their EIS contribution for a minimum number of months within a specified period.

Reduced Income Allowance (RIA): This is a financial allowance for people who have multiple jobs but lost at least one, not all. Payment rates and duration are the same as Job Search Allowance (JSA). When an insured person loses all their jobs at once, they’re entitled to both JSA and RIA.

After receiving the first installment of their allowance, employees will have to prove they’re actively searching for jobs before they receive subsequent installments.

Training Allowance (TA): This incentive is paid to training recipients to encourage them to attend training sessions. It’s paid at a daily rate of RM 10-20, depending on the employee’s previous salary. But to receive this support, recipients must prove that they have attended all training sessions.

Training Fee (TF): Training service providers receive this incentive so that successful applicants will receive up to six months of training at a maximum cost of RM 4000.

Early Re-employment Allowance (ERA): This financial support is for recipients who return to work while still receiving JSA. It is worth 25% of the JSA the recipient is entitled to but hasn’t received.

Read next: How to Apply, Claim, and Select Training Programs for HRDF Malaysia

Job search assistance

The Employment Insurance System Office provides two kinds of job search assistance:

Re-employment Placement Program: Insured persons registered with the Re-employment Placement Program receive one-on-one support from a SOCSO Employment Services Officer.

Career Counseling: Here, SOCSO Employment Services Officers offer a counseling service to identify problems, such as performance gaps, that a laid-off employee may face when deciding on a future career. This counseling happens during their unemployment period or after they’re re-employed as part of the EIS active labor market program. 

Furthermore, the scheme requires insured persons to enroll with MyFutureJobs. The platform matches laid-off employees with suitable vacancies. EIS also encourages applicants to attend vocational training to improve their skills and advance in their careers.

How can employees claim EIS benefits?

Employees can apply for EIS benefits through the EIS Portal or at the nearest PERKESO office.  Here’s how it works:

Eligibility verification

To successfully apply for and claim their EIS benefits, the insured person must meet these requirements:

  • Apply within 60 days from the date of loss of employment.
  • Meet PERKOSO’s Contributions Qualifying Conditions (CQC), which involves paying their monthly contributions for a minimum number of months within a specified period.
  • Be unemployed under the categories of unemployment that qualify for EIS.

Documentation required

The documents required include:

  • A copy of your NRIC
  • Payslip for the Last six months.
  • Proof of loss of employment. For example, termination letter
  • A copy of bank account information 

Claim process

Employees should contact the EIS office to claim their benefits in person or submit their application via the SOSCO Assist portal. Once approved, the applicant will receive financial support to cushion the challenging unemployment period.

Simplify EIS Compliance with HRIS

Navigating the ever-evolving regulations when it comes to Malaysia’s Employment Insurance System (EIS) can be challenging, and staying up to date with the latest mandates is crucial for HR teams to remain compliant. That’s why it’s important to have the right tools by your side.

Omni’s all-in-one HR software helps you stay up to date with the latest laws and regulations for Malaysia’s Employment Insurance System while streamlining the end-to-end employee management lifecycle. Our comprehensive payroll solution is tailored to Malaysia’s specific requirements. With features like support for MYR, automated EIS contribution calculations, and instant payroll reports, Omni can help HR teams simplify their payroll processing while ensuring compliance with the Employment Insurance System Act.

Start your 14 days free trial and see how Omni can simplify the intricacies and complexities of Malaysia EIS contribution and minimize the costs associated with common errors.

What is Service Incentive Leave (SIL) in the Philippines?

In the Philippines, a common topic of discussion within organizations is the subject of Service Incentive Leave (SIL). Employers often wonder how many days they should give for SIL and how it differs from conventional sick leave and vacation days.

This article will guide you to understand what SIL is according to the Philippine Labor Code, the criteria for granting this benefit to your employees, and how it differs from other types of leave. Let’s dive into the SIL meaning and why it is compulsory in the Philippines.

What is Service Incentive Leave (SIL) and is it mandatory?

Service Incentive Leave (SIL) is a benefit your employees are entitled to after working for at least a year. The SIL entitles eligible employees who have worked for over a year to have five days of incentive leave with pay. Eligible employees can also convert their leaves to cash if they don’t use it by the end of the year.

The SIL is mandated in the Philippines under Article 95 of the Labor Code which states that offering service incentive leave to eligible employees is not optional and is a legal requirement. Additionally, service incentive leave in the Philippines is a government-mandated benefit as it gives employees a chance to maintain a better work-life balance. 

With knowledge of the SIL meaning and why it is mandatory, let us examine who is entitled to service incentive leave.

Who is entitled to SIL?

SIL

As the Labor Code mandates, your employees who have worked continuously for at least 1 year are entitled to service incentive leave. A year of service is calculated from the first day of employment, regardless of continuous or broken work schedule. It includes authorized leave and holidays.

Eligible employees are entitled to 5 days of paid incentive leave per year. According to the Philippine Labor Law, the rule is that employees are entitled to five service leave credits after the end of each work anniversary year. Also, unused leave credits should be converted to cash. 

The SIL is a general leave credit which may be used by employees for medical treatments, vacations, or any other personal reasons.

Who is not entitled to SIL?

Although SIL is mandatory to eligible employees, there are groups of people excluded from this benefit:

1. Government employees

SIL benefits apply only to employees in the private sector. Personnel employed in government-owned or controlled corporations are exempted from service incentive leave.

2. Managerial employees

Employees who perform managerial functions like managing an establishment and having the authority to hire or fire other employees of lower ranks do not qualify for SIL provisions.

3. Field personnel

Personnel who perform their duties away from the office environment and whose hours and days of work are not supervised by the employer are not entitled to service incentive leaves.

4. Domestic helpers and persons in the personal service of another

Employees in this category are not covered by the benefits of service incentive leave.

5. Employees already enjoying a similar benefit

Companies that offer their employees benefits similar to SIL, for example, providing more than five days of paid leave, are exempted from providing additional SIL to their employees.

6. Employees in establishments regularly employing less than ten workers

Small businesses with less than ten employees are exempted from providing their employees with service incentive leave.

With an understanding of who is entitled to service incentive leave, it is easier for you as an employer to design an employee benefits package that adheres to the Labor Code whilst rewarding employees for their service.

How to calculate SIL?

Scenario 1: Employee completes 1 year of service

After an employee completes one year of service, they are entitled to five days of paid Service Incentive Leave. For instance, if an employee starts working on 1 January 2023, they will be eligible for SIL from 1 January 2024. 

The calculation is simple. Your employee must receive 5 days of SIL to be used within the next year after their first work anniversary. Also, depending on your company policy, the unused leave can be carried over to the next year or converted to cash. 

Scenario 2: Employee leaves before completing 1 year

If an employee resigns or you terminate their contract before they complete their one year of service, they will not be entitled to any service incentive leave.

For example, an employee who leaves your company after 11 months of service will not be entitled to any leave benefits.

Scenario 3: Employee works for more than 1 year

Your employees who have completed one year of service must have their SIL entitlement renewed every year. For instance, if your employee has worked continuously for three years and has used up their SIL benefits from the previous years, they will be entitled to five days of SIL at the beginning of their fourth service year.

Additionally, your employees who have completed more than one year of service are entitled to prorated leave credits for any additional months worked beyond their anniversary date. This means an employee who has completed 14 months of service will be entitled to 6 days of SIL. 

Here’s the calculation:

  1. Calculate the monthly accrual rate:
    • 5 days of SIL per year divided by 12 months = 0.4167 SIL per month.
  2. Calculate total SIL for 14 months of service:
    • 12 months (first year) = 5 days of SIL.
    • Additional 2 months (second year) = 0.4167 SIL/month * 2 months = 0.8334 SIL, rounded to 1 day.

So, the employee would be entitled to:

  • 5 days of SIL for the first year (anniversary).
  • 1 additional day of SIL for the extra 2 months.

Therefore, an employee with 14 months of service will be entitled to a total of 6 days of SIL.

Omni tip for SIL: When calculating SIL, the rule of thumb is your employees must have completed one year of service. Only after they fulfill this requirement can they be entitled to service incentive leave benefits. 

Now that we understand the SIL meaning and how to calculate it, let’s address a common question.

Is SIL convertible to cash?

The answer is “yes.” Unused service incentive leave can be converted to cash. The Labor Code clearly states that any unused SIL at the end of the year can be converted to its cash equivalent.

Here’s how the calculation works:

1. Determine the daily wage of your employee: 

For example, your employee earns ₱500 per day.

2. Calculate the value of their unused SIL: 

If your employee has 5 unused SIL days, the calculation would be:

5 days * ₱500/day = ₱2,500.

Thus, your employee will receive ₱2,500 for their unused SIL days.

It’s important to note that the encashment can occur at the end of a complete service year or when eligible employees terminate their employment contract.

How does SIL differ from sick leave and vacation days?

To clearly understand the difference between service incentive leave, sick leave, and vacation days, let us briefly define what each means.

  • Service Incentive Leave (SIL): This is a mandated benefit under the Philippine Labor Code that entitles employees to five days of paid leave after completing one year of service. Service incentive leave can be used for any purpose the employee deems fit.
  • Sick leave: This type of leave entitles an employee to a certain number of days in a year to take care of any health-related issues and is separate from SIL. The Philippine Labor Code does not mandate sick leave days. However, many companies offer them as part of their employee benefits package.
  • Vacation days: Vacation days are leave days you grant your employees, allowing them to rest or have their leisure. This type of leave is mostly planned and requires approval. Additionally, similar to sick leave days, vacation days are not mandated by the law in the Philippines.

Read next: HR’s Guide to Employee Leave Management

Now, with the understanding of the SIL meaning, sick leave, and vacation days, let us explore their key differences:

  • Purpose: Service incentive leave can be used for any purpose. However, sick leave is for health-related issues, and vacation days are for leisure or personal reasons.
  • Legal Requirement: SIL is mandated by the Philippine Labor Code, whereas sick leave and vacation days are not.
  • Conversion to Cash: Unused SIL credits can be converted to cash. However, sick leave and vacation leave can’t be converted unless permitted by the organization’s policy.

In conclusion, service incentive leave differs from sick leave and vacation days because SIL is a mandatory requirement for Philippine employers according to the Labor Code. On the other hand, sick leave and vacation days are mostly part of companies’ employee benefits packages.

What are the benefits of offering SIL?

SIL meaning

When you offer service incentive leave to your employees, you meet legal requirements and also show them you recognize and reward their contributions. Here are some other key benefits of offering SIL: 

Incentive for service

Offering service incentive leave serves as a way for you to reward your employees for their one-year work commitment. Incentive for service motivates your employees to maintain a consistent performance and stay longer with you, reducing attrition rates.

Foster work-life balance

Allowing your employees to take paid time off for rest or leisure is essential in helping them maintain their mental health and reduce burnout, which impacts their job satisfaction. Further, employees who take time to recharge will be more focused when they return to work.

Boost employee engagement and morale

​​Service incentive leave significantly boosts your employee’s engagement and morale, which can lead to an increase in efficiency. When you make your employees feel valued through benefits like SIL, they will be more motivated to do their work.

Putting Employee Well-being First

Offering SIL to your employees demonstrates how you prioritize their well-being. By providing paid leave, you show your employees you care about their health and overall quality of life. This commitment promotes a positive work environment.

Remember, offering SIL to your employees helps create a supportive and motivating workplace, which impacts their overall productivity and benefits the organization.

Additional resources: The Modern CEO’s Guide to Growth Through Company Culture

Promoting a Culture of Recognition and Reward

Employee recognition can boost employee engagement, which affects every aspect of your organization, from culture to morale, productivity to innovation, investing in your employees is a sure fire way to improve your business functions and drive growth. 

By implementing service incentive leave in the Philippines, you ensure that you’re complying to regulations and drive employee motivation. 

Omni’s time off management capabilities help managers and HR teams swiftly navigate employee leave management. Omni’s platform allows you to approve service incentive leave on the go and keep track of who’s in and out of the office with at-a-glance scheduling. 

Our employee self-service portal empowers employees to submit their time off requests, which automatically routes to the appropriate manager thanks to customizable approval workflows. Omni seamlessly integrates with your team’s favorite work tools such as Slack, enabling managers to manage time off approvals with a simple push of a button. With automated calculations, employees and managers can easily view SIL leave balances in real-time, and track how many vacation days they have left without having to go through HR.

If you’re not quite ready to take the leap, try leveraging some free tools to simplify your leave management efforts for free. Download Omni’s Employee Time-off Request Form Template to easily gather the information you need to manage employee time and attendance.

Navigating HR Compliance in Malaysia

Navigating compliance in Malaysia HR is vital as the business scene is always changing. With factors like technology and regulations evolving, HR leaders and employers must keep up to ensure both legal adherence and business success.This article aims to guide you through the essentials of HR Malaysia compliance. From understanding labor laws to staying updated on industry trends, we’ll cover everything you need to know to navigate HR compliance effectively. Whether you’re an experienced HR professional or a business owner, this article will provide you with the knowledge and tools to stay compliant in Malaysia’s ever-changing business landscape.

Why is HR compliance important?

In any given country or state, laws are provided by the government to regulate business operations. These laws include labor laws designed to safeguard the rights and well-being of employees, covering aspects like wages, working hours, discrimination, health, and safety in the workplace.

HR compliance ensures that these laws are understood, implemented, and followed within an organization. 

Failure to adhere to these laws are not only limited to legal issues but also reputational damage, loss of employee trust, decreased morale, and even operational disruptions. Therefore, compliance is crucial for maintaining a positive and productive work environment.

Additionally, HR compliance can vary from location to location due to differences in laws and regulations governing employment practices. For human resources in Malaysia, this involves understanding the specific requirements under HR Malaysia employment laws. This is crucial for ensuring your companies remain compliant. 

Read next: The 2024 HR Compliance Checklist: APAC Edition

What are the key employment laws for Human Resources in Malaysia?

1. Employment Act 1955

The Employment Act 1955 is the primary legislation for Human Resources in Malaysia that outlines the legal rights and responsibilities of both the employer and employees. It covers matters such as terms and conditions of employment, working hours, overtime, rest days, annual leave, and termination of employment, among others. 

The Act applies to employees engaged in manual labor, clerical work, or any other type of work, with a few exceptions such as domestic servants, certain categories of employees covered under other specific laws, and managerial or executive employees earning above a certain threshold. 

Under the Employment Act 1955, employers are required to meet the minimum standards set out for employment practices, which employers must adhere to for the benefit of their employees. 

2. Industrial Relations Act 1997

The Industrial Relations Act 1997 (IRA) is also one of the major HR Malaysia laws governing employment relationships, as well as trade unions and employers’ associations in Malaysia. The Act aims to promote and maintain industrial harmony and provide the regulation of the relations between employers, workmen and their trade unions. The IRA includes provisions addressing representation in cases of unfair dismissal, claims for recognition by trade unions, and the process of collective bargaining. 

3. Social Security (Socso) Act 1969

The Employees’ Social Security Act 1969, also known as the SOCSO Act, is a Malaysia HR law that created the Social Security Organization (SOCSO) to provide social safety nets for employees in the private sector and their dependents. 

Under this act, employees and their employers contribute to the SOCSO fund, which provides financial assistance in the event of work-related injuries, disabilities, occupational diseases, and death. SOCSO administers various schemes, including the Employment Injury Scheme, Invalidity Scheme, and Invalidity Pension Scheme, to provide benefits such as medical treatment, disability income, and rehabilitation services to eligible individuals.

4. Workers’ Minimum Wage Order

The Workers’ Minimum Wage Order is another key employment law HR leaders and employers should take note of when it comes to staying compliant with HR Malaysia laws. This is because the wage order sets a legal threshold for employee compensation. Failing to comply with the Order can result in penalties for employers. Another advantage this legislation serves is that it can help prevent disputes between employers and employees over wages. 

5. Other relevant regulations

Aside from the HR Malaysia employment laws mentioned above, some other relevant laws also include: 

  • Employment Provision Fund Act 1991: The EPF Act 1991 establishes the Employees Provident Fund, requiring both employees and employers in Malaysia to make monthly contributions. Its goal is to provide financial security for employees’ retirement through managed investments.
  • Occupational Safety and Health Act: This legislation ensures the safety, health, and welfare of employees at work.

Relevant reading: What is HRDF in Malaysia?

What are the benefits of compliance for HR Malaysia?

Malaysia HR
Malaysia HR

Malaysia HR errors cost businesses huge penalties. According to a statistical report, instances of non-compliance have led to significant fines, while employment lawsuits have seen a 200% increase over the past two decades. Compliance with HR Malaysia laws and standard practices help organizations steer clear of legal troubles. Non-compliant employers may also be subjected to audits and inspections by government authorities tasked with enforcing labor laws. These inspections can lead to further penalties and corrective actions mandated by the authorities.

Improve employee relationships and morale

Malaysia HR labor laws exist to protect the rights and well-being of employees. Compliance with HR Malaysia laws ensures that each worker is treated fairly and provided with essential rights and benefits. This includes ensuring your employees are being paid fairly and working under safe conditions within reasonable working hours. Companies who prioritize labor law compliance demonstrate their commitment to creating a supportive and respectful work environment. This in turn boosts employee morale, satisfaction, and efficiency of work

Stronger employer brand

Failure to comply with labor laws can tarnish the employer’s reputation. A negative reputation can have long-term implications on a businesses prospects and profitability. However, if the business adheres to HR Malaysia regulations, it builds a reputation of a responsible employer in Malaysia, making it more attractive to top talent in the job market. 

Improved business reputation

Nowadays, consumers, employees and stakeholders care more about businesses behaving ethically. This is because being ethical is really important for running a successful company. When a business follows HR Malaysia laws, it not only stays out of trouble but also builds a good reputation for being fair and transparent, which fosters community trust and support. 

Strategies to Stay Compliant in Malaysia HR

Now that we’ve established the importance of compliance for Human Resources in Malaysia, here are some strategies that you can implement to remain compliant with HR Malaysia laws and regulations. 

Stay informed

Staying compliant with HR Malaysia laws can be a daunting task due to the frequent changes and updates. It requires consistent effort and attention to stay informed about the latest regulations and ensure that the organization meets its legal obligations. 

Some practical ways Malaysia HR leaders and employers can stay updated on compliance laws:

  • Engage in networking activities with other HR professionals, either through formal events or informal gatherings, to exchange knowledge, share experiences, and stay informed about compliance practices.
  • Rely on media reports for updates.
  • Subscribe to updates from law firms specializing in employment law.
  • Conduct regular audits and reviews of HR Malaysia practices to ensure compliance.
  • Monitor these changes by reviewing official government websites that provide information and updates on compliance laws.

Develop clear policies

Another way to remain compliant with Malaysia HR laws and standard practices would be to develop consistent policies and procedures that adhere to these laws. The policies you create should be clear, comprehensive, and aligned with legal requirements and industry standards. 

This is because they serve as guidelines for employees and management alike, covering various aspects such as code of conduct, health and safety, leave and attendance, training and development, and more. 

Additionally, your policies and practices should remain accessible to all employees and should be properly documented.

Maintain accurate records

In regards to HR Malaysia, employers are legally required to maintain certain types of employee records under federal and state law. For example, as outlined by the Employment Act 1995 and employment regulations, employers must maintain records of employees’ salaries, wages, allowances, bonuses, and deductions, including records of overtime worked and any other remuneration provided. 

Relevant reading: Your Guide to Malaysia Payroll

Another example would be the Personal Data Protection Act 2010 which requires employers to maintain records containing employees’ personal information such as full name, identification number (e.g. MyKad number), contact details, and residential address. The records should cover employment contracts, attendance, salary and benefits, personal information, disciplinary actions, workplace safety, training, terminations and statutory filings. 

A well maintained record is important for these two reasons: 

  • Accountability and transparency: This demonstrates fairness and accountability in employment practices. Transparent record keeping builds trust between employers and employees.
  • Audit preparedness: With proper recording keeping, employers can easily undergo audits by regulatory authorities, or internal audits. This ensures compliance with statutory requirements. 

Invest in training on regulations

Investing in ongoing training programs for leaders and managers in Human Resources in Malaysia is important to ensure your company is compliant with HR Malaysia laws.

New hires should be provided resources and receive thorough orientation to ensure they understand their rights and responsibilities within the organization. They should also know how to report non-compliance. An environment where employees feel safe is also created when you provide regular training on preventing workplace injury. This shows your employees you care about their well-being.

Additional resources: The Ultimate Employee Handbook Template

Seek professional guidance when necessary

There are employment law attorneys that can provide your company with expert guidance on HR Malaysia compliance matters. This can help you avoid costly legal disputes and maintain a positive reputation as an employer. 

Importance of Tools for Malaysia HR Compliance

Streamlined data management

Staying on top of HR Malaysia compliance laws means investing in software that automate and streamline the record keeping process. Manual record-keeping is error-prone and time-consuming. HR tools allow for secure digital storage of employee data, contracts, policies, and other crucial documents. This makes it easier to track information, find what you need quickly, and ensure accuracy.

Read next: The Top 5 Payroll Software Malaysia Teams Are Using in 2024

Enhanced enforcement of regulations

HR software for processes such as payroll and applicant tracking include compliance measures that can make it easier for employers and HR leaders to stay compliant on HR Malaysia laws and best practices. 

  • Leave management: Managing employee leave requests can be a complex task. HR tools automate leave tracking, approvals, and balances. This saves HR time, improves transparency for employees, and minimizes errors.
  • Payroll management: Accurate and timely payroll is essential for employee morale. HR software can automate payroll calculations, deductions, and tax filings. This reduces the risk of errors and streamlines the entire payroll process.

Improved communication

HR tools enhance compliance for Human Resources in Malaysia through employee self-service portals. Announcements, policy updates, and payslip information can be easily disseminated electronically through a self-service portal. 

Aside from that, the portal streamlines processes by allowing employees to track leave balances, request time off, and access payslips from their end, reducing the burden on Human Resources in Malaysia.

Additional reading: Why an Employee Self-Service Portal is Your Silver Bullet for Engagement

Better decision making

With compliance management software, you can gain valuable insights to inform your strategic Malaysia HR and business functions. Workforce trends, performance metrics, and leave patterns can be easily analyzed for better resource allocation and talent management.

Building a Culture of Compliance with HR Technology

Human Resources in Malaysia play an important role in driving organizational success through effective talent management, compliance with labor laws, and fostering a positive company culture

Omni frees Malaysia HR teams from administrative cycles by automating the entire end-to-end employee lifecycle — from recruitment and onboarding to employee engagement and payroll — allowing you to redirect your time to strategic work that drives business growth.

Powering Asia’s fastest-growing, modern companies, Omni scales alongside your company so you can customize and leverage the system to meet your business exactly where you are — as well as where you’re going. 

With a full suite of modules to support every aspect of your business, Omni’s platform offers an intuitive and fully customizable platform that integrates with your team’s favorite tools for a seamless and timely adoption.

Book a demo with us today and learn how Omni can help you build a competitive advantage for Human Resources in Malaysia.

The Employer’s Guide to Singapore IR8A Form

As an employer in Singapore, the tax law mandates you to prepare and submit employment income details for all employees every year. Understanding the intricacies of an IR8A form and its submission process is important to maintain compliance and avoid potential penalties. 

This guide will explore what the IR8A form entails and how you can file it for your employees to the Inland Revenue Authority of Singapore (IRAS), including the crucial Auto-Inclusion Scheme (AIS).

Relevant reading: Understanding the Singapore Employment Act

What is Singapore IR8A Form?

The Singapore IR8A form documents and reports an employee’s income to the Inland Revenue Authority of Singapore (IRAS). 

As part of taxation in Singapore, every employer in Singapore must complete this document for every employee and state their earnings or income for the year. Due to its mandatory nature, the IR8A form should be a crucial component of your employee data management to ensure compliance with regulations. 

The IR8A form is then submitted to the IRAS each year along with supporting documentation if applicable.

The supporting documents to the IR8A form include: 

  • Appendix 8A
  • Appendix 8B
  • Form IR8S (if applicable).

When is the deadline for Singapore IR8A Form?

Singapore IR8A form

The IR8A form must be filled out for every employee before 1 March of the year. Failing to submit before the deadline may lead to fines under Section 94 of the Income Tax Act

A company can be given a fine of up to $1,000 or imprisonment of up to 6 months if found defaulting in the submission of the Singapore IR8A form. 

What information is included in the Singapore IR8A Form?

Some of the information on a typical IR8A form are:

  • Gross Salary
  • Leave Pay
  • Wages and Overtime Pay
  • Bonus 
  • Others like: director’s fees, allowances, pension and gratuity

The parts to be filled out depends on whether it applies to each employee. 

As mentioned earlier, you may also need to provide supporting paperwork with the IR8A form. This can be Appendix 8A, Appendix 8B, or Form IR8S, depending on various reasons. 

Appendix 8A

As a Singaporean employee receiving non-monetary perks, you’re required to complete Appendix 8A. The purpose of this form is to declare any “in-kind” or “non-cash” benefits outside employee salaries. The benefits can include fringe benefits like insurance, gym memberships, free parking, or educational aid, separate from your salary.

Appendix 8B

You’re required to attach Appendix 8B to your IR8A form if you’re a Singaporean employee who has participated in Employee Stock Option Plans (ESOPs). The same rule applies if you’re enrolled in other forms of Employee Share Ownership (ESOW) plans. If an employee has ESOP or ESOW plans, it means they can buy or own company stock. Any profits or gains derived from the stock option must also be taxed.

Form IR8S

Completing this form is mandatory if you’ve overpaid CPF on your employees’ salaries or if you plan to claim a refund for such excess contributions. For the latest contribution rates, please refer to the official CPF website.

Who needs a Singapore IR8A Form?

The Singapore IR8A form must be completed for all employees to report to the IRAS on the income/earnings of each employee. 

This includes:

  • Part-time employees who are Singaporean or permanent and full-time resident employees.
  • Employees who are not based in Singapore but were required to render service in Singapore during the year.
  • Employees who are receiving a pension while they are working for the company.
  • Employees who no longer work in the company but are still owed money from the year to be filled.
  • Company director of non-resident corporations.
  • Board members who are receiving Board/Committee Member Fees.
  • All local business owners and managers.

Who are those excluded from filing the IR8A form?

  • Post-clearance foreign employees who didn’t provide employee services in Singapore for the year that the form is filled.
  • Non-executive directors, not classified as employees, must be informed by AIS (Auto Inclusion Scheme) employers to report their income separately on their tax returns.
  • Employees who were based outside of Singapore for the year and supplied their services strictly outside of Singapore.
  • Those who have left the company and/or the country (a Form IR21 is sent to IRAS in this situation).

How to file the Singapore IR8A Form?

Due to the confidential nature of IR8A form to both employers and employees, it must be filed accurately. Here’s what you need to consider when filing for the Singapore IR8A form:

But before we begin, we must understand the Auto Inclusion Scheme.

What is the Auto Inclusion Scheme (AIS)?

The Auto Inclusion Scheme (AIS) was created to make income and tax filing for Singaporean employees convenient. With AIS, IR8A information for employment income can be electronically submitted, processed, and approved automatically, ensuring accurate filling of IR8A forms. 

While it is optional for businesses with five or fewer employees, AIS is mandatory for those with more than 5 employees. Providing employees with a copy of their IR8A forms is advised for record-keeping purposes.

Steps to File Your Singapore IR8A Form

1. Join the Auto Inclusion Scheme (AIS)

To register your business for AIS, head over to the My Tax Portal. You will need the UEN (Unique Entity Number) of your business or your SingPass.

2. Link your CPF data with AIS

Linking your employees’ CPF data with AIS streamlines the submission process, authorizing IRAS to retrieve both employment income and CPF information from the CPF Board. This allows IRAS to automatically get the salary details when you’re submitting Employment Income Records via AIS, simplifying the process for you.

To link your CPF data with AIS:

  • Register for linking CPF data at the ‘CPF Data Link-up Service’ section on myTaxPortal.
  • Connect your payroll system to AIS.
  • Transfer your employees’ CPF data into AIS.
  • Generate an employer submission form in AIS and submit the form with your CPF details.

3. Gather income records 

To avoid mistakes, keep all the income records you need for submission in handy. Here are some things to remember: 

  • If you’re the owner of a business or part of the partnership, your salaries are taxed differently because you own the company. So, your income details aren’t included in AIS.
  • If an employee leaves and comes back within the same year, you need to combine their income records to show this.
  • If you have non-resident directors, you need to include their income details when you submit to AIS.
  • If your company hires trainees under an employment contract, include their income details in AIS. But if you only provide them with allowances for travel and meals, you don’t need to include that in AIS.
  • You are required to submit income details for any foreign employees on your payroll, regardless of how long they’ve worked or how much you paid them.

4. Report employee earnings

At this point, you should have filled out your IR8A form and other forms where applicable. You can do it all electronically because you have registered for AIS. No physical copies are needed, and the AIS system will automatically fill in all the data in your employees’ electronic Income Tax Returns.

5. Submit the employment income records 

The IRAS has several ways of submitting employment income records. You can choose to submit directly at the myTaxPortal or via the Provident and Tax (PAT) system.

IRAS also works with HR management software to help employers submit employment income information. To easily submit records to IRAS, you can use payroll software integrated with the AIS API service. 

Can I make changes after submission? 

It is best practice to thoroughly review all details before submitting the Singapore IR8A form and its supporting documents. However, errors may occur. If you notice mistakes in employee IDs, income deductions, or other fields, promptly submit amendment files.

For this process, you should: 

  • Include income records of the affected employees.
  • Specify any differences in amounts, if applicable.
  • Fill in only the fields you wish to change.
  • If amendments affect figures in the IR8A form, submit an IR8A amendment file along with amendments to IR8S, Appendix 8A, and Appendix 8B.

Omni Tip: To update employee identity or demographic details (like date of birth, and nationality), simply send an email to myTax Mail to get it sorted.

What are the scenarios requiring supporting documents for the Singapore IR8A Form?

Singapore IR8A

Supporting documents may be required for the Singapore IR8A form in cases like:

Employment benefits

For additional perks provided to employees beyond their salary, such as housing allowances, stock options, or bonuses. Supporting documents including official letters detailing the benefits or receipts for expenses covered by the employer might be required. 

Tax deductions

In cases of expenses that can be subtracted from an individual’s taxable income, supporting documents such as receipts or invoices may be required. 

Special allowances

There are specific payments or allowances provided to employees for particular purposes like transport or meal allowances. Documents will need to be provided showing the utilization of the allowances. 

Omni for Secure Singapore Tax Compliance 

Undoubtedly, Singapore taxation is a complex and detail-oriented process that requires a deep understanding of the region’s unique regulations and a commitment to accuracy and compliance. This is especially the case when it comes to preparing and filing the Singapore IR8A form. That’s why it’s important to have the right HR technology to make things easier. 

Omni offers a comprehensive payroll solution tailored to Singapore’s specific requirements. With features like support for SGD, automated tax calculations, and managed CPF contributions, Omni can help HR teams simplify their payroll processing and ensure easy preparation of the IR8A form. 

With secure and centralized employee records, HR teams can swiftly access employment contracts and essential documents that support the preparation and filing process for the Singapore IR8A form.

If you’re ready to take your Singapore tax compliance to the next level, start your 14 day free trial today and experience how Omni can transform your HR processes, saving you time, reducing administrative burdens, and enhancing overall efficiency.

As Singapore’s population ages and caregiving demands rise, so does the need for flexible or hybrid work models. Flexible work options (FWAs) are becoming crucial to keep people in the workforce and attract new talent in a tight labor market. This article explores the 2024 Tripartite Guidelines for FWAs, a step towards a more inclusive and productive work environment.

What are the Singapore Tripartite Guidelines?

The Singapore tripartite guidelines are a set of recommendations jointly developed by representatives from the government, the Singapore National Employers Federation (SNEF), the National Trade Union Congress (NTUC), and various union, employer, workplace fairness, and professional bodies to address employment-related issues. 

These guidelines cover areas such as employment practices and policies, wages and benefits, workplace safety and health, among others. 

In other words, the Singapore tripartite guidelines state what you must do as an employer to promote fairness and productivity in the workplace.

Read next: Understanding the Singapore Employment Act

Overview of Singapore’s 2024 Tripartite Guidelines for Flexible Work Arrangements (FWA Singapore)

The tripartite guidelines for flexible working arrangements, otherwise known as FWA Singapore, serve as a framework for employers, employees, and unions to negotiate and implement flexible work options. These guidelines focus on the processes to submit and evaluate formal requests for FWA instead of the FWA Singapore outcome.

Flexible working arrangements refer to non-traditional work schedules that offer more flexibility in how, when, and where employees work. The Tripartite Alliance for Fair and Progressive Employment Practices (TAFEP) has grouped FWA Singapore into three categories:

  • Flexi-time: staggered working hours, compressed work week.
  • Flexi-place: tele-commuting, work from home.
  • Flexi-load: part-time work, job sharing. 

The law will go into effect starting on December 1, 2024, as all employers in Singapore are required to set up a process for employees to submit a formal working arrangement. This means that workers can seek flexible work options such as a 4-day work week, work from home, flexible work locations, or whichever flexible work arrangement they find suitable for them. 

Additionally, while there is no legal requirement for companies to offer FWAs Singapore, employers are encouraged to adopt flexible work practices as part of their efforts to promote work-life balance, enhance employee well-being, and improve organizational productivity.

Failure to follow the guidelines may lead the Tripartite Alliance for Fair and Progressive Employment Practices to advise employers to comply, and the Ministry of Manpower (MOM) may issue warnings and require workshops for non-compliant employers.

Benefits of FWA Singapore

flexible work arrangements Singapore 2024

The tripartite guidelines for FWA Singapore aim to create a more balanced and productive work environment for both employers and employees. 

For employers

Enhanced employee engagement: Flexible working supports job satisfaction. It benefits employees by improving work-life harmony, which also extends to mental well-being.

Reduced cost: With more and more employees working remotely or on flexible schedules, companies can save on expenses like office space, utility bills, and equipment. 

Access to wider talent pools: 80% of job employees consider flexi work arrangements as a deciding factor when evaluating job offers. Offering FWA might just be what you need to attract diverse and top talent for your organization. 

For employees

Better work life balance: When individuals work flexibly, they have autonomy and greater control over their work. Employees can remain motivated and efficient because they can manage their responsibilities better on the personal front as well as in their careers. 

Improved productivity: A flexible working environment leads to happy and motivated employees. Engaged employees tend to produce better performance, which leads to increased efficiency for the company. 

Greater talent attraction and employee retention: As per recent studies, 74% of employees have stated that they would prefer to leave their current jobs and work for an organization that offers remote work options. Additionally, 79% of respondents said that they would be more loyal to their employers if they were presented with flexible work options. Flexible working allows employees to achieve better work-life balance, leading to higher job satisfaction. Satisfied employees are more likely to remain with their current employer rather than seek opportunities elsewhere.

Employer’s Obligations for FWA Singapore

Establish a process for employees to formally request FWA

In order to implement an effective flexible working arrangement in an organization, employers must set up a standardized process for employees to formally request FWA Singapore. 

They should provide employees with a designated channel or system, such as an online portal or paper-based form, to submit their flexi work arrangements requests.

According to the tripartite guidelines, if the options above aren’t available, that is, if the employer doesn’t have stipulated requirements or a process for their employers to make a formal request, they should consider these next steps:

  1. The request must be in writing.
  2. The request should contain the following information: 
    • Date of the request
    • The FWA requested, along with its expected frequency and duration
    • Reason for the request
    • Requested start date and end date (if relevant)

Omni Tip: It’s important to note that if the employee fails to meet the requirements above, the request will not be considered and will not be covered by the tripartite guidelines. 

Consider all FWA requests fairly based on reasonable grounds and provide response within two months 

To eliminate bias and discrimination during the consideration phase, employers should set up an evaluation process that reviews requests fairly and objectively. 

Under the guidelines, employers who receive a formal FWA Singapore 2024 request should provide a written decision within 2 months of receiving the request.

Provide written reasons for rejecting the request

Employers can reject requests on the grounds that it will result in a significant decline in productivity, a significant increase in cost, or that it is not feasible given the nature of the work. They are encouraged to provide alternatives instead. Rejection should be done in a transparent and fair manner with written reasons.

Best Practices for Developing Your FWA Singapore Policy

1. Be transparent and use clear communication

A transparent FWA Singapore policy with clear communication is key. The policy should outline available FWA options, eligibility and limitations, and the request process. 

It’s important to ensure that your FWA Singapore policy is easily accessible by employees, which can be done by incorporating it into your onboarding process or employee handbook. Using clear, concise language and open communication through Q&A sessions allows for questions and builds trust within the organization. 

2. Ensure fair and consistent FWA Singapore considerations

FWA Singapore requests must be evaluated in a just and unbiased manner, following the established guidelines set by the Singaporean government. A way to ensure this is to establish procedures with a defined set of criteria used to evaluate the flexible working arrangement requests. 

While evaluating FWA Singapore requests, employers should engage in open communication with employees, discuss any potential challenges or concerns, and explore alternative solutions that may meet both the employee’s needs and the organization’s requirements. 

Ultimately, the decision to grant or deny an FWA request should be made in a transparent and fair manner, taking into account the interests of both parties.

3. Supportive FWA implementation

It’s important to provide adequate support to both managers and employees to ensure a successful FWA Singapore implementation.
Technology and resources: With only 52% of employees who work remotely using computers provided by their company, it is important to invest in technology infrastructure and support systems that ensure employees transition seamlessly between office-based and remote work environments. These include access to laptops, secure internet connections, collaboration tools, cloud-based software, or co-working spaces (enabling them to work remotely from remote locations). Communication is a big factor when it comes to managing remote workers; invest also in collaboration tools such as Slack and Zoom to facilitate this process.

Read next: Slack Tips and Tricks for More Productive HR Teams

Performance management: To help your employees grow in their role and succeed while navigating flexi work arrangements, it is important to set clear goals from the onset. Alongside these goals, outline performance metrics and expectations for what achievement looks like. This helps to maintain accountability and ensure that business objectives are met. Additionally, feedback is key during this process. Schedule regular 1-on-1 meetings to discuss goals, progress, and challenges. Employees may encounter obstacles or challenges while working under FWA Singapore conditions. Employers must build a strong culture where workers can openly communicate with their managers. This ensures they receive the right intervention and support. 

Training and support: Offer training programs or workshops for both employees and managers on FWA Singapore policies, procedures, and best practices to ensure that everyone understands their rights, responsibilities, and the expectations surrounding FWAs. You can also provide guidance and resources for managers on how to effectively manage remote teams, communicate expectations, and address performance issues in a remote work setting.

4. Monitor and evaluate your FWA Singapore policy regularly

Regularly reviewing and updating your FWA policies and practices to make sure they remain relevant, fair, and aligned with the organization’s mission and goals. This helps to make adjustments to address any issues or concerns that arise. 

5. Additional considerations

Foster a positive workplace culture that embraces flexibility, trust, and open communication: A culture of trust and flexibility between employers and employees is important for FWA to work for both parties. 

Ensure compliance with regulations: Labour laws, regulations, and industry standards related to FWA Singapore may change. It is important to adjust your policies to remain compliant with these laws and mitigate potential legal issues.

Implement proper data security measures: All devices that connect to your company’s network must be secure. Implement data security measures to protect sensitive information and ensure compliance with data protection and regulation. Consider remote access VPN solutions to prevent hackers from accessing sensitive information. Additionally, add extra layers of security, such as multi-factor identification, SSO, and anti-virus software, to defend against cyberattacks and malware.

Communicating Your FWA Singapore Policy

Developing a comprehensive policy document

Ensure accessibility (employee handbook, HR portal, internal knowledge base): Document the organization’s FWA Singapore policies, procedures, and decisions to ensure consistency and transparency. This helps prevent misunderstandings and provides a reference point for both employers and employees. 

Ensure that the FWA Singapore policy is easily accessible by including it in the employee handbook, HR portal, and internal knowledge base. Additionally, keep the language concise and clear so that it’s easily understandable by all. 

Omni Tip: Consider translating the FWA Singapore policy into different languages or formats to cater to your diverse workforce.

Launch an awareness campaign

Company-wide email: Send out a company-wide email announcing the launch of the FWA Singapore policy. Provide a brief overview of the policy, its objectives, and how employees can access the full policy document for more information.

Town Hall announcement: Host a town hall or all-hands meeting to announce the FWA Singapore policy. Use this opportunity to explain the rationale behind the policy, address any questions or concerns from employees, and emphasize the organization’s commitment to supporting work-life balance.

Ongoing reinforcement

Manager training: Managers may lack understanding of FWA policies and procedures, leading to inconsistent evaluation of requests. Provide the right training and guidance they need for evaluation. Ensure they understand the organization’s FWA Singapore policies and procedures and can apply them consistently.

Regular updates: As time goes on, you might need to review and make some changes to your FWA Singapore policy. This is to meet any changes in regulations, employee feedback, or organizational priorities. Communicate these updates clearly to employees and managers to ensure continued compliance. 

Optimizing FWA Singapore for a Happy and Productive Workforce

tripartite guidelines on flexible work arrangements

Managing flexible work arrangements Singapore 2024 requires meticulous attention to legal requirements and thorough documentation—especially when the consequences for misfiling can cause significant penalties and troubles for your organization. You should strive to minimize human error by leveraging automation to ensure accuracy and compliance.

Omni allows your organization to securely and centrally manage employee information and FWA applications to comply with FWA Singapore regulations. Our employee-portal makes it easy for employee’s to retrieve information such as your company’s FWA Singapore policy and documents to request for flexible working arrangements, helping ensure your flexible work arrangement Singapore 2024 management meets the regulations set by the Singaporean government.

Our expert support and assistance is tailored to your businesses unique requirements and local regulations. Book a demo today and learn how Omni can help you streamline your request for flexible working arrangements and expertly navigate FWA Singapore management to ensure compliance for your organization.

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