Singapore legislation
Clause 8
Clause 8
Method of calculating earnings
(1)
For the purposes of this Act the earnings of a workman shall be computed in such manner as is best calculated to give his true monthly earnings at the date of the accident, subject to the following provisions: —
where the workman has been exclusively employed by the employer who is liable to pay compensation during a continuous period of not less than six months immediately preceding the accident in the grade in which he was employed at the time of the accident, his monthly earnings shall be deemed to be the average amount of his earnings during the last six completed months of that period;
where the workman has been exclusively employed by the employer who is liable to pay compensation in the grade in which he was employed at the time of the accident during a continuous period of less than six months immediately preceding the accident and there is another workman who has been exclusively employed on similar work by the same employer for a continuous period of not less than six months immediately preceding the accident, the monthly earnings of the former workman shall be deemed to be the average amount of earnings of the latter workman during the last six completed months of that period;
where reliable evidence of the earnings of the relevant workman under paragraph (a) or (b) does not exist or cannot be adduced without undue delay or expense, regard may be had to evidence of the earnings of workmen employed on similar work in the same locality at or about the date of the accident;
where the earnings of a workman cannot be determined according to the provisions of paragraph (a), (b) or (c) or where the earnings of a workman so determined are less than —
one hundred and twenty dollars a month in the case of a workman who is eighteen years of age and above;
one hundred and five dollars a month in the case of a workman who is below eighteen years of age but is sixteen years of age and above; or
ninety dollars a month in the case of a workman below sixteen years of age,then in any such case, the monthly earnings of a workman who is eighteen years of age and above shall be deemed to be one hundred and twenty dollars, the monthly earnings of a workman below eighteen years of age but who is sixteen years of age and above shall be deemed to be one hundred and five dollars, and the monthly earnings of a workman below sixteen years of age shall be deemed to be ninety dollars.
(2)
Where a workman is employed in the same occupation under contracts of service with two or more employers under which he worked at one time for one such employer and at another time for another such employer, his monthly earnings shall be computed as if his earnings under all such contracts were earnings in the employment of the employer for whom he was working at the time of the accident.
(3)
For the purposes of this section a period of service shall be deemed to be continuous if it has not been interrupted by a period of absence from work exceeding fourteen days.