Singapore legislation
Clause 2
Clause 2
Amendment of Employment Act
(1)
Section 2 of the Employment Act (Cap. 91) is amended by deleting subsection (2) and substituting the following subsection:“(2) Any person who is employed in a managerial or an executive position and is in receipt of a salary not exceeding $4,500 a month (excluding overtime payments, bonus payments, annual wage supplements, productivity incentive payments and any allowance however described), or such other amount as may be prescribed in substitution by the Minister, shall be regarded as an employee for the purposes of this Act except the provisions in Part IV.”.
(2)
Section 14 of the Employment Act is amended —
by deleting the words “an employee” in subsection (2) and substituting the words “a relevant employee”;
by inserting, immediately after subsection (2), the following subsection:“(2A) For the purposes of subsection (2), a relevant employee means —
an employee employed in a managerial or an executive position —
who is dismissed with notice; or
who is dismissed without notice but receives payment of any salary in lieu of notice,after having served that employer for at least 12 months in any position (whether or not a managerial or an executive position); (b)an employee employed in a managerial or an executive position who is dismissed without notice and without salary in lieu of such notice; or
an employee not employed in a managerial or an executive position.”; and
by deleting the section heading and substituting the following section heading:“Dismissal”.
(3)
Section 18A of the Employment Act is amended by inserting, immediately after subsection (8), the following subsection:“(8A) For the purposes of subsection (8)(b), any collective agreement that was entered into between the transferor and the trade union of the affected employees and in force immediately before the transfer shall continue in force between the transferee and the trade union of the affected employees for a period of 18 months after the date of the transfer or until the date of its expiry as specified in the collective agreement, whichever is the later.”.
(4)
Section 26 of the Employment Act is repealed and the following section substituted therefor:“No unauthorised deductions to be made
26. No deduction shall be made by an employer from the salary of an employee, unless the deduction is authorised by or under any provision of this Act or is required to be made —
by order of a court or other authority competent to make such order;
pursuant to a declaration made by the Comptroller of Income Tax under section 57 of the Income Tax Act (Cap. 134), the Comptroller of Property Tax under section 38 of the Property Tax Act (Cap. 254) or the Comptroller of Goods and Services Tax under section 79 of the Goods and Services Tax Act (Cap. 117A) that the employer is an agent for recovery of income tax, property tax or goods and services tax (as the case may be) payable by the employee; or
pursuant to a direction given by the Comptroller of Income Tax under section 91 of the Income Tax Act.”.
(5)
Section 27(1) of the Employment Act is amended by deleting paragraph (g).
(6)
Section 29(1) of the Employment Act is amended by inserting, immediately after the word “one-quarter”, the words “(or such other proportion prescribed in substitution by the Minister)”.
(7)
Section 30 of the Employment Act is repealed and the following section substituted therefor:“Deductions for accommodation, amenity and service30.—
A deduction under section 27(1)(d) or (e) shall not be made from the salary of an employee unless the house accommodation, amenity or service has been accepted by him, as a term of employment or otherwise.(2) Any deduction under section 27(1)(d) or (e) shall not exceed an amount equivalent to the value of the house accommodation, amenity or service supplied, and the total amount of all deductions under section 27(1)(d) and (e) made from the salary of the employee by his employer in any one salary period shall in no case exceed one-quarter (or such other proportion prescribed in substitution by the Minister) of the salary payable to the employee in respect of that period.(3) In the case of a deduction under section 27(1)(e), the deduction shall be subject to such conditions as the Commissioner may impose.”.
(8)
Section 31 of the Employment Act is amended by inserting, immediately after the word “one-quarter” in subsections (3) and (5), the words “(or such other proportion prescribed in substitution by the Minister)”.
(9)
Section 32 of the Employment Act is amended —
by deleting “, (g)” in subsection (1);
by inserting, immediately after “50%” in subsection (1), the words “(or such other percentage prescribed in substitution by the Minister)”; and
by deleting the words “50% of salary” in the section heading and substituting the words “prescribed limit”.
(10)
Section 33(1) of the Employment Act is amended by deleting “$2,000” in paragraph (b) and substituting “$2,500”.
(11)
The Employment Act is amended by renumbering section 34 as subsection (1) of that section, and by inserting immediately thereafter the following subsections:“(2) Any employer who is guilty of an offence under subsection (1) for contravening section 21, 22 or 23 shall be liable on conviction —
to a fine of not less than $3,000 and not more than $15,000 or to imprisonment for a term not exceeding 6 months or to both; and
if the employer is a repeat offender, to a fine of not less than $6,000 and not more than $30,000 or to imprisonment for a term not exceeding 12 months or to both.(3) For the purposes of subsection (2), a person is a repeat offender in relation to an offence under subsection (1) if the person who is convicted or found guilty of an offence under subsection (1) of contravening section 21, 22 or 23 (referred to as the current offence) has been convicted or found guilty of an offence of contravening section 21, 22 or 23 on at least one other occasion (whether before, on or after the date of commencement of section 2(11) of the Employment, Parental Leave and Other Measures Act 2013) before the date on which he is convicted or found guilty of the current offence.”.
(12)
Section 35 of the Employment Act is amended by deleting “$2,000” in paragraph (b) and substituting “$2,500”.
(13)
Section 38 of the Employment Act is amended by deleting subsection (6) and substituting the following subsection:“(6) For the purpose of calculating under subsection (4) the payment due for overtime to an employee referred to in the first column of the Fourth Schedule, the employee’s hourly basic rate of pay shall be determined in accordance with the second column of the Fourth Schedule.”.
(14)
Section 40 of the Employment Act is amended —
by deleting the word “or” at the end of subsection (2A)(d);
by deleting the full-stop at the end of paragraph (e) of subsection (2A) and substituting the word “; or”, and by inserting immediately thereafter the following paragraph:“(f)work to be performed by employees in any industrial undertaking essential to the economy of Singapore or any of the essential services as defined under Part III of the Criminal Law (Temporary Provisions) Act (Cap. 67).”; and
by deleting the words “subsection (2A)(a), (b), (c), (d) and (e)” in subsection (3) and substituting the words “subsection (2A)”.
(15)
Section 45 of the Employment Act is amended by deleting the words “3 years” and substituting the words “2 years”.
(16)
Section 76(1) of the Employment Act is amended by deleting sub‑paragraph (ii) of paragraph (c) and substituting the following sub‑paragraph:“(ii)one or more than one period each of such duration as agreed between the employee and her employer but in aggregate no shorter than as reckoned in accordance with the Fifth Schedule or 24 days, whichever is the lower, all of which must be taken within the period of 12 months commencing on the day of her confinement.”.
(17)
Section 88 of the Employment Act is amended by inserting, immediately after subsection (4), the following subsection:“(4A) Notwithstanding subsections (1) and (4), where an employee who is employed in a managerial or an executive position is required by his employer to work on any holiday to which he would otherwise be entitled under subsection (1), the employee shall be paid the gross rate of pay for that day and may be given the following, in lieu of a day off in substitution for that holiday or an extra day’s salary at the basic rate of pay:
part of a day off on a working day comprising such number of hours as may be agreed between the employee and his employer; and
in the case where there is no such agreement —
part of a day off on a working day comprising 4 hours if the employee worked on that holiday for a period not exceeding 4 hours; or
a day off on a working day if the employee worked on that holiday for a period of more than 4 hours.”.
(18)
Section 89 of the Employment Act is amended by inserting, immediately after subsection (9), the following subsection:“(10) This section shall not apply to any employee seeking or undergoing medical treatment which, in the opinion of a medical practitioner or medical officer performing the examination under subsection (1) or (2), is for cosmetic purposes.”.
(19)
Section 103(1) of the Employment Act is amended by inserting, immediately after paragraph (a), the following paragraph:“(aa)to enter without previous notice at any reasonable time any place of employment for the purpose of conducting any audit in relation to the terms and conditions of employment of any employee;”.
(20)
The Employment Act is amended by inserting, immediately after section 104, the following sections:“Power to arrest without warrant105.—
Any inspecting officer may arrest without warrant any person whom he reasonably suspects —
is committing or has committed an offence under section 21, 22 or 23 read with section 34; or
has abetted the commission of any offence referred to in paragraph (a).(2) Any inspecting officer may arrest without warrant any person who is an officer or a member of a body corporate or an unincorporated association or a partner of a partnership and whom the inspecting officer reasonably suspects has consented to, connived in or due to neglect on his part caused the commission of an offence referred to in subsection (1)(a).(3) An inspecting officer making an arrest without warrant shall, without unnecessary delay and subject to subsection (5), produce the person arrested before a Magistrate’s Court.(4) No inspecting officer shall detain in custody a person arrested without warrant for longer than is reasonable in the circumstances, and such period shall not exceed 48 hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court.(5) Any person who has been arrested by an inspecting officer may be released on bail, or on his own bond, by an inspecting officer.How to arrest105A.—
In making an arrest, an inspecting officer making the arrest must touch or confine the body of the person to be arrested unless the person submits to arrest by word or action.(2) If the person forcibly resists or tries to evade arrest, the inspecting officer may use all means necessary to effect the arrest.No unnecessary restraint105B.—
The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.(2) An inspecting officer may use handcuffs or any similar means of restraint on a person arrested to prevent him from —
inflicting any bodily injury to himself or others;
damaging any property;
creating any disturbance; or
escaping from custody.(3) The handcuffs or similar means of restraint shall not be used for the purpose of punishment.Search of persons arrested105C.—
When a person is arrested, the inspecting officer making the arrest may search the person and take possession of all articles (other than necessary wearing apparel) found upon the person that the inspecting officer has reason to believe were connected with the offence for which the person is being arrested.(2) Whenever it is necessary to cause a person to be searched, the search shall be made by an inspecting officer of the same sex as the person, with strict regard to decency.Inspecting officer to be armed105D. Every inspecting officer shall be provided with such batons and accoutrements as may be necessary for the effective discharge of his duties.Power to seize offensive weapons105E. An inspecting officer making any arrest may take from the person arrested any offensive weapons which he has about his person.Power on escape to pursue and arrest105F. If a person in lawful custody escapes or is rescued, the inspecting officer from whose custody he escaped or was rescued may immediately pursue and arrest him in any place within Singapore and deal with that person as he might have done on the original arrest.”.
(21)
The Employment Act is amended by inserting, immediately after section 112, the following section:“Abetment of offences112A. Any person who abets the commission of an offence under this Act shall be guilty of the offence and shall be liable on conviction to be punished with the punishment provided for that offence.”.
(22)
Section 113A of the Employment Act is repealed and the following section substituted therefor:“Offences by bodies corporate, etc.113A.—
Where an offence under this Act committed by a body corporate is proved —
to have been committed with the consent or connivance of an officer of the body corporate; or
to be attributable to any neglect on his part,the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.(2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.(3) Where an offence under this Act committed by a partnership is proved —
to have been committed with the consent or connivance of a partner; or
to be attributable to any neglect on his part,the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.(4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved —
to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or
to be attributable to any neglect on the part of such an officer or member,the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.(5) For the purposes of this section, where an offence under this Act has been committed by a body corporate, an unincorporated association (other than a partnership) or a partnership, it shall be presumed, until the contrary is proved, that the offence is attributable to the neglect of an officer or a member of the body corporate or unincorporated association or a partner of the partnership, as the case may be, who —
is primarily responsible for the act or omission which constitutes the offence; and
has failed to exercise reasonable supervision or oversight as such officer, member or partner.(6) In this section —
The Minister may make regulations to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.”.
Definition
“body corporate” includes a limited liability partnership registered under the Limited Liability Partnerships Act (Cap. 163A);
Definition
“officer” —
in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or
in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of such a committee and includes any person purporting to act in any such capacity;
Definition
“partner” includes a person purporting to act as a partner.
(23)
Section 114 of the Employment Act is amended by deleting “$1,000” and substituting “$5,000”.
(24)
Section 115 of the Employment Act is amended by inserting, immediately after subsection (3A), the following subsections:“(3B) Subject to subsection (3C), any order made by the Commissioner under subsection (1) in the absence of a party concerned or affected by the order may be set aside or varied by the Commissioner, on the application of that party, on such terms as the Commissioner thinks just.(3C) An application to set aside or vary an order made by the Commissioner referred to in subsection (3B) shall be made no later than 14 days after the date of the order.”.
(25)
Section 119 of the Employment Act is amended by inserting, immediately after subsection (2), the following subsection:“(3) All proceedings before the Commissioner shall be held in private.”.
(26)
The Employment Act is amended by inserting, immediately after section 122, the following section:“No division of claims
123. No claim shall be divided and pursued in separate proceedings before the Commissioner for the sole purpose of bringing the sum claimed in each of such proceedings within the jurisdiction of this Act.”.
(27)
The Employment Act is amended by inserting, immediately after section 127, the following section:“Protection from personal liability127A. No liability shall lie against any person appointed under section 3 or any other person acting under the direction of the Commissioner for anything which is done with reasonable care and in good faith in the execution or purported execution of this Act.”.
(28)
Section 139(2) of the Employment Act is amended by inserting, immediately after paragraph (g), the following paragraph:“(ga)provide for any matter relating to the release of any arrested person on any bail or bond under section 105(5);”.
(29)
The Employment Act is amended by inserting, immediately after the Third Schedule, the following Schedules:“FOURTH SCHEDULESection 38(6)employee’s hourly basic rate of pay for calculation of payment due for overtimeFirst column Second columnType of employee Calculation of hourly basic rate of pay1.A workman employed on a monthly rate of pay 2.A non-workman whose monthly basic rate of pay is less than $2,250 3.A non-workman whose monthly basic rate of pay is $2,250 or more 4.A workman employed on piece rates The total weekly pay at the basic rate of pay received divided by the total number of hours worked in the week5.A non-workman employed on piece rates The total weekly pay at the basic rate of pay received divided by the total number of hours worked in the week, or the hourly basic rate of pay of an employee specified in this column for item 3, whichever is the lower6.A workman employed on a hourly rate of pay Actual hourly basic rate of pay7.A non-workman employed on a hourly rate of pay Actual hourly basic rate of pay, or the hourly basic rate of pay of an employee specified in this column for item 3, whichever is the lower8.A workman employed on a daily rate of pay Daily basic rate of pay divided by the number of working hours per day9.A non-workman employed on a daily rate of pay Daily basic rate of pay divided by the number of working hours per day, or the hourly basic rate of pay of an employee specified in this column for item 3, whichever is the lowerFIFTH SCHEDULESection 76(1)number of days on which a female employee is entitled to absent herself from work under section 76(1)(c)(ii)First column Second columnNumber of days on which a female employee is required to work under her contract of service (referred to in this Schedule as her work days) Calculation of total number of days on which a female employee is entitled to absent herself from work under section 76(1)(c)(ii) for one or more periods1.Where the number of work days in a week is the same in every week. 4 × the number of work days in a week2.Where the number of work days varies from one week to another and there is a consistent or regular pattern repeated over a number of fixed weeks. 3.Where the number of work days varies from one week to another and there is no consistent or regular pattern repeated over a number of fixed weeks. 4 × the average number of work days in a week over the period of 3 weeks immediately preceding the day of confinement or the first day of leave, whichever is the earlier
4. In this Schedule, the calculation of the number of days on which a female employee is entitled to absent herself from work under section 76(1)(c)(ii) shall be determined in accordance with her work pattern under her contract of service immediately preceding the day of confinement or the first day of leave, whichever is the earlier.
5. In this Schedule, where the number of days in the second column is not a whole number, that number shall be rounded down to the nearest half day or whole day.
6. In this Schedule —7. In calculating the number of work days, any day on which a female employee is required to work for 5 hours or shorter under her contract of service shall be regarded as half a day.”.
Definition
“week” means a continuous period of 7 days commencing at midnight on Sunday;
Definition
“work pattern” means a work pattern described in item 1, 2 or 3 in the first column.