Singapore legislation
Clause 34
Clause 34
Priority of salary to other debts
(1)
The provisions of this section shall apply only to workmen and to other employees in receipt of a salary not exceeding seven hundred and fifty dollars a month or such other amount as may be fixed from time to time by the Minister.
(2)
When, on the application of a person holding a mortgage, charge or lien or of a person who has obtained a judgment or decree, the property of an employer is sold, or any money due to such employer is garnished, the court ordering the sale or garnishment shall not distribute the proceeds of such sale or such money to the person entitled thereto unless and until such court has ascertained and paid the salary due to all employees employed by the said employer and to all employees engaged by a contractor or sub-contractor and working for the said employer:Provided that this section shall only apply —
to property on which the said employees were or are working; or
where the property sold was or is the produce of the work of the said employees; or
where the property sold is movable property used or being used by the said employees in the course of their work; or
to money due to the employer in respect of work done by the said employees:And provided further that the amount so payable to each such employee shall not exceed five months’ salary.
(3)
For the purpose of ascertaining the amount due to any employee under subsection (2) of this section, the court may refer the matter to the Commissioner with a request that he holds an inquiry into such matter and forwards his findings in respect thereof to the court, and the Commissioner shall comply with any such request.
(4)
For the purposes of any inquiry under subsection (3) of this section, the Commissioner shall have all the powers conferred upon him by section 145 of this Act.
(5)
For the purposes of this section, “employees” shall be deemed to include sub-contractors for labour and “salary” shall be deemed to include money due to a sub-contractor for labour.