Singapore legislation

Clause 20

of Environmental Public Health (Amendment) Bill

Clause 20

Repeal and re-enactment of section 80H

(1)

Section 80H of the principal Act is repealed and the following section substituted therefor:“Conditions of cleaning business licence80H.—

(1)

Every cleaning business licence is subject to conditions that may be prescribed by regulations made under section 111, which may include —

(a)

conditions requiring the cleaning business licensee to enter into a contract of service in writing with each cleaner employed by the cleaning business licensee;

(b)

conditions requiring every contract of service entered into between the cleaning business licensee and every cleaner who is a citizen or permanent resident of Singapore (called in this section a resident cleaner) to provide for the payment of a basic wage or a progressive wage model bonus to the resident cleaner, that —

(i)

is not less than the amount; and

(ii)

in the case of a progressive wage model bonus, is to be paid at the frequency,specified by order under subsection (2) for the class of cleaners that the resident cleaner belongs to;

(c)

conditions requiring the cleaning business licensee to ensure that every cleaner employed by the cleaning business licensee satisfies the training requirements as may be specified by the Director‑General for the class of cleaners that the cleaner belongs to;

(d)

conditions prohibiting the cleaning business licensee from deploying any individual who is not employed by the cleaning business licensee to carry out any cleaning work, unless the individual is a cleaner employed by another cleaning business licensee; and

(e)

conditions requiring the cleaning business licensee to keep such records, accounts or documents relating to the business or activities that the cleaning business licensee is authorised to carry out under the cleaning business licence, as may be prescribed, and retain those records, accounts or documents for a prescribed period.(2) For the purposes of the prescribed conditions referred to in subsection (1)(b), the Commissioner for Labour must, by order, specify the following that must be paid to every resident cleaner:

(a)

the minimum amount of basic wage and the date that minimum amount takes effect; (b)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.(3) An order under subsection (2) may specify —

(a)

different minimum amounts mentioned in subsection (2)(a); and

(b)

different minimum amounts and different frequency of payments mentioned in subsection (2)(b),for different classes of cleaners, and may be varied from time to time.(4) In making an order under subsection (2), the Commissioner for Labour must consider the recommendations by the Tripartite Cluster for Cleaners on remuneration for cleaners, if any.(5) The Commissioner for Labour must publish every order he or she makes under subsection (2) 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.(6) The amount specified under subsection (2)(a) takes effect for the purposes of the prescribed conditions referred to in subsection (1)(b) even though the basic wage that would have been payable to a cleaner under any collective agreement, as defined in section 2 of the Industrial Relations Act 1960, is lower than that amount.(7) The Director‑General may, by written notice to cleaning business licensees, postpone the effective date specified by an order under subsection (2)(a) or (b) —

(a)

in relation to cleaners employed (whether or not exclusively) to carry out or supervise the carrying out of cleaning work under any cleaning contract entered into by cleaning business licensees before that effective date; and

(b)

in any case where the Commissioner for Labour varies the order — in relation to cleaners employed (whether or not exclusively) to carry out or supervise the carrying out of cleaning work under any cleaning contract entered into by cleaning business licensees before the variation otherwise takes effect.(8) Subject to subsection (10), the Director‑General may impose any other conditions on a cleaning business licence that he or she thinks fit, being conditions which are not inconsistent with the prescribed conditions referred to in subsection (1).(9) Subject to subsection (10), the Director‑General may, at any time, add to, vary or revoke any condition of a cleaning business licence imposed under subsection (8), except that any addition or variation must also not be inconsistent with the prescribed conditions referred to in subsection (1).(10) Before imposing any condition under subsection (8) or making any modification to any condition of a cleaning business licence under subsection (9), the Director‑General must give notice to the cleaning business licensee concerned —

(a)

of the terms of the proposed condition or modification; and

(b)

specifying the time (being at least 14 days after the date of service of the notice on the cleaning business licensee concerned) within which written representations with respect to the proposed condition or modification may be made.(11) Upon receipt of any written representation mentioned in subsection (10)(b), the Director‑General must consider the representation, and may reject the representation or amend the proposed condition or modification in accordance with the representation or otherwise, and in either event must then issue a written direction to the cleaning business licensee concerned, requiring that effect be given within a reasonable time to the proposed condition or modification specified in the notice under subsection (10) or to the condition or modification as subsequently amended by the Director‑General.(12) In this section, “Tripartite Cluster for Cleaners” 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 cleaners.”.

(2)

Section 80H of the principal Act, as repealed and re‑enacted by subsection (1), is further amended by inserting, immediately after subsection (8), the following subsection:“(8A) The Director‑General may, under subsection (8), impose different conditions for different classes of cleaning business licences or cleaning business licensees under different circumstances.”.

Clause 20 — Environmental Public Health (Amendment) Bill