Singapore legislation
Clause 15
Clause 15
New sections 31DA and 31DB
The principal Act is amended by inserting, immediately after section 31D, the following sub‑heading and sections:“Provisions applicable in respect of waste disposal licences and waste collector licencesAmounts specified by Commissioner for Labour for waste management industry31DA.—
For the purposes of the prescribed conditions referred to in sections 23A(2)(b) and 31AA(2)(b), the Commissioner for Labour must, by order, specify the following that must be paid to every waste management worker who is a citizen or permanent resident of Singapore:
the minimum amount of baseline wage and the date that minimum amount takes effect;
the minimum amount of overtime payment, or the manner of calculating that minimum amount, and the date that minimum amount or manner of calculation (as the case may be) takes effect;
the minimum amount of progressive wage model bonus and the frequency at which the progressive wage model bonus is to be paid, and the date that minimum amount and frequency take effect.(2) An order under subsection (1) may specify —
different minimum amounts mentioned in subsection (1)(a);
different minimum amounts or different manner of calculating the minimum amount mentioned in subsection (1)(b); and
different minimum amounts and different frequency of payments mentioned in subsection (1)(c),for different classes of waste management workers, and may be varied from time to time.(3) In making an order under subsection (1), the Commissioner for Labour must consider the recommendations by the Tripartite Cluster for Waste Management on remuneration for waste management workers, if any.(4) The Commissioner for Labour must publish every order he or she makes under subsection (1) in any way he or she thinks appropriate to bring the order to the notice of persons who, in his or her opinion, ought to have notice of the order, except that failure to comply with this subsection in respect of any order does not invalidate the order.(5) The amount specified under subsection (1)(a) takes effect for the purposes of the prescribed conditions referred to in sections 23A(2)(b) and 31AA(2)(b) even though the baseline wage that would have been payable to a waste management worker under any collective agreement, as defined in section 2 of the Industrial Relations Act 1960, is lower than that amount.(6) The amount specified under subsection (1)(b) takes effect for the purposes of the prescribed conditions referred to in sections 23A(2)(b) and 31AA(2)(b) even though the overtime payment as provided for under the Employment Act 1968 that would have been payable to a waste management worker is lower than that amount.(7) The Director‑General may, by written notice to waste disposal licensees or waste collector licensees (as the case may be), postpone the effective date specified by an order under subsection (1)(a), (b) or (c) —
in relation to waste management workers employed (whether or not exclusively) to carry out waste collection work or waste disposal work before that effective date; and
where the Commissioner for Labour varies the order — in relation to waste management workers employed (whether or not exclusively) to carry out waste collection work or waste disposal work before the variation otherwise takes effect.(8) In this section, “Tripartite Cluster for Waste Management” means the body, comprising the representatives from employers, the trade unions of employees, and the Government, which is responsible for making recommendations on progressive wages for waste management workers.Monitoring powers31DB.—
Subject to subsection (2), the Director‑General or any authorised officer appointed under section 3(2) may, for the purpose of monitoring a licensee’s compliance with any provision of this Part or any condition of a waste collector licence or waste disposal licence, by written notice —
require the licensee to produce any records, accounts and documents kept by the licensee in relation to —
the business that the licensee is authorised to carry on under the waste collector licence or waste disposal licence; or
the payment of remuneration to the licensee’s waste management workers,within such reasonable time as may be specified in the notice;
inspect, examine and make copies of any such records, accounts and documents so produced; and
make any inquiry that may be necessary to ascertain whether any provision of this Part or any condition of the waste collector licence or waste disposal licence, is complied with.(2) Where the Director‑General or any authorised officer appointed under section 3(2) has received information or has reasonable cause to believe that an offence under this Part or a failure to comply with any condition of a waste collector licence or waste disposal licence has occurred, or is occurring or about to occur, the Director-General or authorised officer may exercise all or any of the powers mentioned in subsection (1) without having to issue any written notice.(3) Where the records, accounts and documents mentioned in subsection (1) are kept in electronic form —
the power of the Director‑General or authorised officer under subsection (1)(a) to require any such records, accounts or documents to be produced for inspection includes power to require a copy of the records, accounts or documents to be made available for inspection in legible form and subsection (1)(b) applies accordingly in relation to any copy so made available; and
the power of the Director‑General or authorised officer under subsection (1)(b) to inspect any such records, accounts or documents includes power to require the licensee or the person who produced the records, accounts or documents on behalf of the licensee or (where the records, accounts or documents are kept at any premises) any person on those premises to give the Director‑General or authorised officer any assistance that the Director‑General or authorised officer may reasonably require to enable him or her to inspect and make copies of the records, accounts or documents in legible form or to make records of information contained in them.(4) Any person who fails, without reasonable excuse, to comply with any requirement imposed under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.(5) In this section, “licensee” means a waste collector licensee or waste disposal licensee.”.