Clause 152

If any employee or sub-contractor for labour complains to the Commissioner that he has reasonable ground for believing that his employer or person liable, in order to evade payment of salary due to such employee or any money due to such sub-contractor for labour in respect of any labour provided by him, is about to leave Singapore, the Commissioner may direct such employee or sub-contractor for labour to a Magistrate’s Court and the Magistrate’s Court may summon such employer or person liable and direct him to show cause why he should not be required to give security by bond to remain in Singapore until such salary or other money due is paid; and if, after hearing the evidence of such employer or person liable, the Magistrate’s Court adjudicates that such bonds shall be given, the Magistrate’s Court may order such employer or person liable to give security by bond in a reasonable sum that he will not leave Singapore until the Magistrate’s Court is satisfied that all the just claims against him of his employees for salary or of any sub-contractor for labour for money due in respect of any labour provided by him have been paid or settled.

If the employer or person liable fails to comply with the terms of such order to give security, he shall be detained in the civil prison until arrangements are made to the satisfaction of the Magistrate’s Court for settling the claims of his employees or of any sub-contractor for labour:Provided that such employer or person liable shall be released at any time on security being furnished or on his payment either in whole or in a reasonable part, of all claims of his employees or of any sub-contractors for labour:And provided further that in no case shall the period of such detention exceed three months.

The bond to be given by an employer or person liable shall be a personal bond with one or more sureties, and the penalty for breach of the bond shall be fixed with due regard to the circumstances of the case and the means of the employer or person liable.

If on or after a complaint by any employee or sub-contractor for labour under subsection (1) of this section, it appears to the Magistrate’s Court that there is good ground for believing that the person complained against has absconded or is absconding or is about to abscond, the Magistrate’s Court may issue a warrant for the apprehension of such person and such person shall be detained in safe custody pending the hearing of the complaint unless he finds good and sufficient security to the satisfaction of the Magistrate’s Court for his appearance to answer the complaint.

If, after summoning any person to show cause why he should not be required to give security by bond to remain in Singapore until the salary of his employees or money due to a sub-contractor for labour in respect of any labour provided by him is paid, it appears to the Magistrate’s Court after inquiry has been made by the Commissioner that the employee or sub-contractor for labour who made the complaint had no reasonable or sufficient grounds for making it, the Magistrate’s Court may impose a fine of twenty-five dollars upon such employee or sub-contractor for labour and in default of payment sentence him to imprisonment for a term not exceeding fourteen days.

For the purposes of this section, a certificate from the Commissioner issued to the Magistrate’s Court to the effect that all salary or money claimed has been paid or settled shall be sufficient evidence of the payment or settlement thereof.