Minister for Law clarifies absence limits and pay rules for trainee lawyers

The minister responded to questions about the new Practice Training Period framework.

Minister for Law Kasiviswanathan Shanmugam provided clarity on several key aspects of the Practice Training Period (PTP) for law trainees in Singapore, addressing questions surrounding absences, honoraria, and the employer-employee relationship between trainees and law firms.

Under the previous admissions framework, law trainees were required to make up any absences from their practice training within eight months of the start of their PTP. However, in response to industry norms and to better accommodate the extended training framework, the Committee for the Professional Training of Lawyers (CPTL) Working Group has introduced a more flexible arrangement.

The Minister explained that the updated framework now allows for up to 18 non-training days over a longer PTP. This flexibility was introduced to support trainees whilst ensuring they still meet the training's rigorous standards. The introduction of non-training days took into account the potential disruption that long absences could cause to the educational goals of the PTP. Trainees needing more than 18 non-training days are permitted to take additional time off, provided they make up the shortfall within 16 months from the start of their PTP.

Another important clarification came regarding trainee honoraria and benefits. The Minister reiterated that trainee honoraria would continue to be determined between trainees and law firms, with no mandated minimum quantum being introduced.

Shanmugam cited that setting a mandatory honorarium would create rigidity and would have to be frequently updated based on economic conditions. Furthermore, he warned that such a mandate could inadvertently reduce the number of available training places, particularly for smaller law firms.

Nevertheless, the Ministry of Law will continue to monitor industry trends in collaboration with the Law Society of Singapore. The Law Society has already issued guidance on trainee honoraria, encouraging law firms to account for the basic expenses trainees incur in their day-to-day duties, such as transport and meals.

Trainees' role as apprentices, not employees

The minister also addressed the question of whether trainees should be considered employees of the law firms where they complete their practice training. He underscored that the relationship between supervising solicitors and trainees is fundamentally one of apprenticeship. 

"For those of us who remember the good old days, practice training used to be called “pupillage”, the supervising solicitor was called a “pupil-master”, and trainees were called “pupils," Shanmugam said

Whilst law firms invest significant time and resources into supervising and mentoring trainees, this investment does not generate revenue and carries the risk that trainees may not continue with the firm after their PTP. Nonetheless, firms remain committed to training new legal talent, recognising the importance of mentorship in producing well-rounded, independent lawyers.

The Minister also pointed out that law firms may choose to charge for trainees' work to offset the costs of the longer PTP, but warned that this could shift the nature of the apprenticeship relationship. If a firm decides to treat a trainee as an employee, it would then have to comply with the employment tax and CPF obligations that come with that status, as stipulated in the Law Society’s Guidance Note 3.9.1.