Singapore legislation

Section 80H

of Environmental Public Health Act 1987

Section 80H

Conditions of cleaning business licence

Amended by15/201448/201848/201848/201815/201415/201415/201415/201448/201815/201415/201415/201415/201415/201415/2014

(1)

Every cleaning business licence is deemed to be granted subject to the following conditions:

(a)

the holder of a cleaning business licence (called in this Part a licensee) must keep such records relating to the licensee’s cleaning business, and retain the records for such period, as may be prescribed;

(b)

the licensee —

(i)

must ensure that each cleaner the licensee employs attends any training that may be specified by the Director‑General whenever the Director‑General requires that cleaner to attend that training; and

(ii)

must keep training records of each cleaner the licensee employs in such manner, containing such particulars and for such period as may be prescribed;

(c)

for each cleaner the licensee employs, the licensee must enter into a contract of service in writing;

(d)

for every contract of service entered into between the licensee and a cleaner who is a citizen or permanent resident of Singapore, the contract must —

(i)

provide for payment to that cleaner of a basic wage that is not less than the minimum amount specified under subsection (2) for the class of cleaners to which that cleaner belongs;

(ii)

provide for payment to that cleaner of a progressive wage model bonus that is not less than the minimum amount, and at the frequency, specified under subsection (2) if the cleaner belongs to the eligible class of cleaners specified under that subsection; and

(iii)

contain terms not inconsistent with the requirements in section 80G(5) for the progressive wage plan in respect of that licensee’s cleaning business;

(e)

the licensee must issue to each cleaner the licensee employs a pay slip containing such particulars of that cleaner’s basic wage and such other payment received by that cleaner from the licensee, and at such frequency, as may be prescribed; and

(f)

in the case where the licensee was required to satisfy the requirement in section 80G(4)(b)(ii) in respect of the grant of the cleaning business licence, the licensee must ensure that at all times at least one of the licensee’s officers or employees has the practical experience, qualification or certificate mentioned in section 80G(4)(b)(ii).

Amended by15/201448/2018

(2)

The Commissioner for Labour must, by order, specify —

(a)

the minimum amount for the purposes of subsection (1)(d)(i) and when the specified amount takes effect; and

(b)

the minimum amount, the frequency of payment, and the eligible class of cleaners for the purposes of subsection (1)(d)(ii).

Amended by48/2018

(3)

An order under subsection (2) may specify different minimum amounts for different classes of cleaners, and may be varied from time to time.

Amended by48/2018

(4)

In making an order under subsection (2), the Commissioner for Labour must consider the recommendations by the Tripartite Cluster for Cleaners on remuneration for cleaners, if any.

Amended by15/2014

(5)

The Commissioner for Labour must publish every order he or she makes under subsection (2) in any way he or she thinks appropriate to bring the order to the notice of persons who in his or her opinion ought to have notice of the order, except that failure to comply with this subsection in respect of any order does not invalidate the order.

Amended by15/2014

(6)

A specified amount takes effect for the purposes of this Part even though the basic wage that would have been payable to a cleaner under any collective agreement as defined in section 2 of the Industrial Relations Act 1960 is lower than the specified amount.

Amended by15/2014

(7)

The Director‑General may, by written notice to licensees, postpone the effective date of any specified amount or any minimum amount specified under subsection (2) for the purposes of subsection (1)(d)(ii) (or any variation of that amount) —

(a)

in relation to cleaners employed (whether or not exclusively) to carry out or supervise the carrying out of cleaning work under any cleaning contract entered into by licensees before the date on which the specified amount or minimum amount (as the case may be) otherwise takes effect; and

(b)

in any case where the Commissioner for Labour varies the specified amount or minimum amount (as the case may be), in relation to cleaners employed (whether or not exclusively) to carry out or supervise the carrying out of cleaning work under any cleaning contract entered into by licensees before the variation otherwise takes effect.

Amended by15/201448/2018

(8)

The Director‑General may, if he or she thinks fit, waive any (but not all) of the conditions specified in subsection (1) in any particular case.

Amended by15/2014

(9)

Subject to subsection (11), the Director‑General may impose such other conditions on a cleaning business licence as he or she thinks fit, being conditions which are not inconsistent with those specified in subsection (1).

Amended by15/2014

(10)

Subject to subsection (11), the Director‑General may, at any time, add to, vary or revoke any condition of a cleaning business licence imposed under subsection (9), except that any addition or variation must also not be inconsistent with any condition specified in subsection (1).

Amended by15/2014

(11)

Before imposing any condition under subsection (9) or making any modification to any condition of a cleaning business licence under subsection (10), the Director‑General must give notice to the licensee concerned —

(a)

of the terms of the proposed condition or modification; and

(b)

specifying the time (being at least 14 days after the date of service of the notice on the licensee concerned) within which written representations with respect to the proposed condition or modification may be made.

Amended by15/2014

(12)

Upon receipt of any written representation mentioned in subsection (11)(b), the Director‑General must consider the representation, and may reject the representation or amend the proposed condition or modification in accordance with the representation or otherwise, and in either event must thereupon issue a written direction to the licensee concerned, requiring that effect be given within a reasonable time to the proposed condition or modification specified in the notice under subsection (11) or to the condition or modification as subsequently amended by the Director‑General.

Amended by15/2014

(13)

In this section —

Amended by15/2014

Definition

“officer”, in relation to a licensee mentioned in subsection (1)(f), has the meaning given by section 80G(8);

Definition

“Tripartite Cluster for Cleaners” means the body, comprising the representatives from employers, the trade unions of employees, and the Government, which is responsible for making recommendations on progressive wages for cleaners.

Amended by15/2014