The “Right to Disconnect”: How to Draft a Workplace Policy that Respects Boundaries

Introduction

Many employers in Singapore are asking how to protect employees’ after-hours rest while maintaining business continuity. The “Right to Disconnect” workplace policy is becoming a practical tool for balancing firm needs with employee wellbeing.

This article, The “Right to Disconnect”: How to Draft a Workplace Policy that Respects Boundaries, explains who should adopt such a policy, the Singapore-specific legal considerations (Employment Act, PDPA, CPF Act and MOM guidance), and a clear step-by-step drafting and implementation process.

Who this applies to

The Right to Disconnect policy is relevant to a wide range of organisations in Singapore.

• Employers of local and foreign employees , including staff on Employment Pass, S Pass, Work Permit and Singapore citizen/Permanent Resident employees.
• Organisations of all sizes required to comply with the Employment Act, Employment of Foreign Manpower Act and other statutory obligations.
• HR teams and line managers responsible for rostering, overtime, availability and staff benefits.

Small, medium and large enterprises can tailor the policy to business needs; however, some statutory protections under the Employment Act (for covered employees) cannot be waived by contract.

Key rules and requirements in Singapore

When drafting a Right to Disconnect policy, consider these legal and regulatory touchpoints.

• Employment Act , sets hours of work, rest days and overtime entitlements for employees covered by the Act. A policy cannot remove statutory overtime or rest-day protections.
• MOM guidance and Employment of Foreign Manpower Act , ensure terms for foreign employees (S Pass, Employment Pass, Work Permit holders) comply with work pass conditions and MOM policies on working hours and rest.
• PDPA , any monitoring of communications or retention of message logs must comply with the Personal Data Protection Act (lawful purpose, notification, retention limits and security).
• POHA (Protection from Harassment Act) , after-hours contact that amounts to harassment may give rise to claims under POHA.
• CPF Act and payroll obligations , if after-hours work attracts additional pay or overtime, employers must account for CPF contributions where applicable and follow IRAS payroll tax rules.
• WICA & Workplace Safety and Health Act , consider safety implications of excessive work hours and fatigue; WICA issues can arise from work-related incidents.
• Skills Development Levy (SDL) and staff benefits , training for managers on policy and staff wellbeing may be chargeable activities under SDL considerations; staff benefit clauses should align with company practice.
• ACRA & IRAS , ensure board resolutions or policy changes are documented; remuneration accounting needs to follow IRAS and company accounts via ACRA BizFile+ where necessary.

Step-by-step process

Follow a clear process to draft and implement a compliant and practical policy.

• 1. Assess operational needs: Identify roles that genuinely require after-hours availability and those that do not.
• 2. Review statutory obligations: Check Employment Act coverage, work pass conditions, CPF contribution rules and any collective agreements.
• 3. Consult stakeholders: Engage unions (if applicable), managers and employees to understand expectations and practical constraints.
• 4. Draft clear scope and definitions: Define “work time”, “on-call”, “urgent contact”, and the channels covered (email, messaging apps, phone).
• 5. Set response expectations and compensation: Provide clear rules on expected response times, on-call allowances, overtime pay and time-off-in-lieu where appropriate.
• 6. Address privacy and monitoring: State whether communications will be logged and how personal data will be handled in line with PDPA.
• 7. Provide escalation and support: Include escalation procedures for emergencies and mental health support resources.
• 8. Train managers: Ensure managers understand and apply the policy consistently to avoid discrimination or ad hoc exceptions.
• 9. Pilot and review: Run a pilot, collect feedback, and revise the policy. Record changes and retain records per company retention policies and PDPA limits.
• 10. Communicate formally: Publish the policy on the HR portal, get employee acknowledgement, and include in the staff handbook where necessary.

Common mistakes to avoid

• Leaving vague language: Avoid open-ended terms like “may be contacted” without defining scope and compensation.
• Ignoring statutory entitlements: Do not treat the policy as a substitute for overtime pay or rest-day entitlements under the Employment Act.
• Failing to consult staff: Implementing without consultation can harm morale and lead to non-compliance complaints.
• Over-monitoring communications: Excessive surveillance can breach PDPA and damage trust.
• Uneven application: Applying the policy inconsistently risks discrimination claims and poor staff relations.

Practical examples

Below are short sample clauses and scenarios to illustrate how a Right to Disconnect policy can work in practice.

• Sample clause , General staff: “Employees are not expected to respond to non-urgent messages outside core working hours (9am–6pm). Managers will only contact staff after hours for documented emergencies. Routine emails may be scheduled to send during work hours.”
• Sample clause , On-call roles: “Employees designated as on-call will receive an on-call allowance of SGD 100 per week and will be expected to respond within 30 minutes. Overtime pay or time-off-in-lieu will apply for calls that exceed statutory hours as per the Employment Act.”
• Scenario: A regional operations team spans time zones. The policy sets rotating on-call duties, compensates employees fairly, and requires managers to approve any after-hours work in advance. Logs of on-call duty are retained for six months with employee notice to comply with PDPA.”

How an experienced consultant can help

Engaging a consultant experienced in Singapore employment law helps ensure a policy is practical and compliant. A consultant can:

• Review existing contracts and HR policies against the Employment Act, CPF Act, MOM guidelines and PDPA requirements.
• Draft role-specific clauses (on-call allowances, overtime triggers, time-off-in-lieu) and advise on implementation.
• Assist with manager training, pilot programmes and communications templates to gain employee buy-in.

Little Big Employment Agency can assist subtly with drafting, implementation and advisory support to ensure your policy is tailored and compliant.

Frequently Asked Questions

Is a Right to Disconnect policy legally required in Singapore?

No. There is no specific statute mandating a Right to Disconnect policy. However, employers must still comply with existing laws , including the Employment Act, MOM guidance on work hours, CPF contribution obligations and PDPA , when implementing such a policy.

Can an employer ban after-hours contact entirely?

Practically, no. Certain roles require availability for genuine business continuity. A better approach is to define roles, set reasonable expectations and provide compensation where applicable.

How should employers handle monitoring of messages for policy compliance?

Any monitoring must be proportionate, with clear notification to employees, and consistent with PDPA requirements on purpose limitation, security and retention. Avoid indiscriminate surveillance of personal devices.

Do foreign employees have different considerations?

Yes. Work pass conditions (Employment Pass, S Pass, Work Permit) and employer obligations under the Employment of Foreign Manpower Act must be observed. Ensure any on-call duties or hours do not contravene pass conditions or MOM policies.

Key takeaways

• A Right to Disconnect policy helps balance employee wellbeing and business needs but cannot override statutory entitlements under the Employment Act and related laws.
• Define scope, compensation, privacy safeguards and escalation procedures clearly.
• Consult employees and train managers for consistent application; keep PDPA and MOM requirements in mind.
• Document the policy, pilot it, and review periodically to reflect operational changes and legal updates.
• Engage experienced advisers for drafting and implementation support to reduce compliance risk and improve adoption.

Requirements may change, so always check the latest guidance from MOM, or consult a professional adviser.

If you would like to find out more about how Little Big Employment Agency can assist with your employment and immigration requirements, please get in touch with the team at [email protected].

Yours sincerely,
The editorial team at Little Big Employment Agency

Disclaimer: This does not constitute legal advice. If you require legal advice, please contact a lawyer.