Singapore legislation
Clause 13
Clause 13
Liability of principal
(1)
Where any person (called in this section the principal) contracts, in the course of or for the purpose of the principal’s trade or business, with any other person (called in this section the contractor) —
for the execution by the contractor of the whole or any part of any work; or (b)for the supply of labour to carry out any work, undertaken by the principal, the Commissioner may direct the principal to fulfil the obligations of the employer under this Act in relation to any employee of the contractor employed in the execution of the work, subject to any modification that may be prescribed for the application of any provision of this Act to the principal.
(2)
Where the Commissioner makes a direction against the principal under subsection (1), the principal is liable to pay the employee any compensation payable under this Act as if that employee had been immediately employed by the principal, except that the amount of compensation is to be calculated with reference to the earnings of the employee under the contractor.
(3)
Where the principal pays compensation under this section, the principal is entitled to be indemnified by the employer who would have been liable to pay compensation under this Act to the employee independently of this section.
(4)
The Commissioner’s direction under this section against a principal does not bar subsequent proceedings under this Act against the employee’s employer to recover so much of the compensation as may remain unpaid.
(5)
This section applies only if the accident occurs at a place —
where the principal has undertaken to execute work; or (b)that is under the principal’s control or management.