As HR practitioner, we have used the phrase “And all other duties as assigned” in job descriptions or had seen it being used in job descriptions, as a catch all item for the organization to freely assign whatever duties they want to, to various jobs.
In common law, a person is an employee and not an independent contractor if the employer controls the details (what will be done and how it will be done) of how the employee performs his or her services.
However, the HR practitioner should be aware that these practices do not apply to workers who are affected by specific legislations, in particular legislations involving the employment of a foreigner in the host country.
Foreigner Working in Singapore
Since I am more familiar with the labor laws in Singapore, I will use Singapore as the business context to elaborate on the precautionary statement made in my introduction.
In Singapore, an individual is regarded as a foreigner if he or she is not a Singapore citizen or a Singapore Permanent Resident.
A Valid Work Pass
A foreigner cannot be self-employed (running his own business), employed or receive on the job training without a valid work pass. Even foreign journalist, reporter or crew who are covering an event and artists performing in Singapore needs a work pass.
A foreigner working without a valid work pass is considered as committing a criminal offence. A person (employer) that employs a foreigner without a valid work pass is considered as carrying out illegal employment.
The employment pass, S pass and work permit are the major work passes in Singapore. They will contain employer’s name (official employer) and a description of the employee’s occupation.
A foreigner would be considered to working illegally if he or she works for another employer instead of the official employer. This could be the case where the staff moonlights at another job or even working at his or her own business. This is considered as committing a criminal offence.
Breach of Work Pass Regulatory Conditions
An employer cannot deploy the foreign worker to work under another employer’s supervision or work at another occupation within his business. The official employer would be considered be in employment of a foreign worker other than in accordance with the conditions of the work pass. This is considered as committing a criminal offence.
When you want to use the phrase “And all other duties as assigned” in job descriptions, you should do it with care. It is not a good idea to allow your company’s operational manager reassigns work to a foreign worker.
And All Other Duties As Assigned
Job Description Writing Guide
Employment of Foreign Manpower Act (Chapter 91A)