Singapore legislation
Clause 34
Clause 34
Civil penalty for serious civil contraventions
(1)
Whenever it appears to the Commissioner that any employer has committed a serious civil contravention, the Commissioner may, with the consent of the Public Prosecutor, bring an action in a court against the employer to seek an order for a civil penalty in respect of that serious civil contravention.
(2)
If the court is satisfied, on a balance of probabilities, that the employer has committed a serious civil contravention, the court may make an order against the employer for the payment of a civil penalty of a sum not exceeding —
if the employer is a body corporate, partnership or unincorporated association —
in the case of the first order against the employer under this subsection — $50,000; and
in any other case — $250,000; and
if the employer is an individual —
in the case of the first order against the employer under this subsection — $10,000; and
in any other case — $50,000.
(3)
Despite subsection (2), the court may make an order against an employer against whom an action has been brought under this section if the Commissioner, with the consent of the Public Prosecutor, has agreed to allow the employer to consent to the order with or without admission of a serious civil contravention, and the order may be made on any terms that may be agreed between the Commissioner and the employer.
(4)
A civil penalty imposed under this section must be paid into the Consolidated Fund and is to be treated as a judgment debt due to the Government for the purposes of section 10 of the Government Proceedings Act 1956.
(5)
If the employer fails to pay the civil penalty imposed on the employer within the time specified in the court order mentioned in subsection (3), the Commissioner may recover the civil penalty on behalf of the Government as though the civil penalty were a judgment debt due to the Commissioner.