Employment Bill

“child” means a person who has not completed his fourteenth year of age;

“collective agreement” means an agreement as defined under the Industrial Relations Ordinance, 1960 (Ord. 20 of 1960);

“confinement” means the delivery of a child;

“constructional contractor” means any person, firm, corporation or company who or which is established for the purpose of undertaking, either exclusively or in addition to or in conjunction with any other business, any type of constructional work, and who or which is carrying out such constructional work for or on behalf of some other person under a contract entered into by him or them with such other person, and includes his or their heirs, executors, administrators, assigns and successors;

“constructional work” means any building and civil engineering work and includes repair, maintenance, alteration and demolition work;

“contract of service” means any agreement, whether in writing or oral, express or implied, whereby one person agrees to employ another as an employee and that other agrees to serve his employer as an employee and includes an apprenticeship contract or agreement;

“contractor” means any person who contracts with a principal to supply labour or to carry out the whole or any part of any work undertaken by the principal in the course of or for the purposes of the principal’s trade or business;

“day” means a period of twenty-four hours beginning at midnight;

“dental officer” means a dentist registered under the Registration of Dentists Ordinance (Cap. 197) and employed by the Government;

“dependant” means any of the following members of an employee’s family, namely, wife, husband, father, mother, child and any adopted or illegitimate child living with or dependent on him;

“domestic servant” means any house, stable or garden servant or motor car driver employed in or in connection with the domestic services of any private premises;

“employee” means a person who has entered into or works under a contract of service with an employer and includes a workman and any officer or servant of the Government included in a category, class or description of such officers or servants declared by the President to be employees for the purposes of this Act or any Part or section thereof; but does not include any person employed in a managerial, executive or confidential position or any person belonging to any other class of persons whom the Minister may from time to time by notification in the Gazette declare not to be employees for the purposes of this Act;

“employer” means any person who employs another person under a contract of service and includes —

“employment exchange” means any Government employment exchange under the control of the Commissioner for Labour;

“hours of work” means the time during which an employee is at the disposal of the employer and is not free to dispose of his own time and movements exclusive of any intervals allowed for rest and meals;

“industrial undertaking” comprises public and private undertakings and any branch thereof and includes particularly —

“Inspecting Officer” means any person invested with powers under this Act to make inspections;

“machinery” includes all oil engines, gas engines, steam engines, and any other machines in which mechanical movement, either linear or rotated or both, take place, steam boilers, gas cylinders, air receivers, steam receivers, steel containers, cast iron underfired vulcanizers, refrigerating plants, pressure receivers, all appliances for the transmission of power by ropes, belts, chains, driving straps or bands or gearing, electrical generators and electrical motors;

“maternity allowance” means the amount of money payable under the provisions of this Act to a female workman in relation to her confinement;

“medical officer” means a medical practitioner employed by the Government;

“overtime” means the number of hours worked in any one day or in any one week in excess of the limits specified in Part IV of this Act;

“place of employment” means any place provided by the employer where work is carried on, for or on behalf of an employer, by an employee;

“principal” means any person who, in the course of or for the purposes of his trade or business, contracts with a contractor for the supply of labour or for the execution by or under the contractor of the whole or any part of any work undertaken by the principal;

“quarters” means any building provided or intended to be provided for a workman to live in either temporarily or permanently and includes any room or building used or intended to be used whether communally or privately for the purposes of cooking, eating, washing or bathing and any latrines and urinals;

“rate of pay” means the total amount of money including allowances to which an employee is entitled under his contract of service either for working for a period of time, that is, for one hour, one day of eight hours, one week, one month or for such other period as may be stated or implied in his contract of service, or for each completed piece or task of work, but does not include —

“salary” means all remuneration including allowances payable to an employee in respect of work done under his contract of service, but does not include —

“sub-contractor” means any person who contracts with a contractor for the supply of labour or for the execution by or under the sub-contractor of the whole or any part of any work undertaken by the contractor for his principal, and includes any person who contracts with a sub-contractor to supply labour or to carry out the whole or any part of any work undertaken by the sub-contractor for a contractor;

“sub-contractor for labour” means any person who contracts with a contractor or sub-contractor to supply the labour required for the execution of the whole or any part of any work a contractor or sub-contractor has contracted to carry out for a principal or contractor, as the case may be;

“underground working” means any undertaking for the extraction of any substance from under the surface of the earth;

“wages” means salary;

“week” means a continuous period of seven days;

“workman” means and includes —

“young person” means any person who has completed his fourteenth year of age but who has not completed his sixteenth year of age.

The Minister may appoint an officer to be styled “the Commissioner for Labour” (hereinafter in this Act referred to as “the Commissioner”) and also one or more officers to be styled “Deputy Commissioner for Labour”, “Principal Assistant Commissioner for Labour” or “Assistant Commissioner for Labour”, who, subject to such limitations as may be prescribed, may perform all duties imposed and exercise all powers conferred on the Commissioner by this Act, and every duty so performed and power exercised shall be deemed to have been duly performed and exercised for the purposes of this Act.

The Minister may also appoint such other officers with such powers as may be necessary for carrying into effect the provisions of this Act.

Nothing in this Part shall prevent the employer, with the approval in writing of the Commissioner and subject to such conditions as the Commissioner may impose, which may at any time be revoked, from establishing or permitting to be established a shop or a canteen for the sale of foodstuffs, provisions, meals or refreshments; but no workman shall be compelled by any contract of service to purchase any goods at such shop or canteen, and no noxious drugs or intoxicating liquor shall be sold at any such shop or canteen.

No employer shall establish or keep or permit to be established or kept, a shop or canteen on any place of employment for the sale of foodstuffs, provisions, meals or refreshments to his workmen otherwise than in accordance with the provisions of subsection (1) of this section.

When an employer is charged with an offence under this Part, he shall be entitled, upon information duly laid by him on giving to the Commissioner not less than three days’ notice in writing of his intention, to have any other person whom he charges as the actual offender brought before the court at the time appointed for the hearing of the charge, and if, after the commission of the offence has been proved, the employer proves to the satisfaction of the court that he has used due diligence to enforce the provisions of this Part and that the said other person has committed the offence in question without his knowledge, consent or connivance, the said other person shall be summarily convicted of such offence, and the employer shall be exempted from any penalty.

When it is made to appear to the satisfaction of the Commissioner at the time of discovering the offence that the employer has used due diligence to enforce the provisions of this Part and also that the said offence has been committed by some other person, and also that it has been committed without the knowledge, consent or connivance of the employer, then the Commissioner shall proceed against the person whom he believes to be the actual offender in the first instance without proceeding against the employer.

Nothing in section 54 or 56 of this Act shall operate so as to render unlawful or invalid any payment of salary by the employer to the workman with the workman’s written consent in any of the following ways: —

The consent of the workman under this section may be withdrawn by him at any time by notice in writing given to the employer. Such notice shall take effect at but not before the end of the period of four weeks beginning with the day on which the notice is given.

Where the salary or part thereof has been paid in any of the ways set out in subsection (1) of this section, section 57 of this Act shall not operate to give a right of recovery of so much of the salary which has been so paid.

Every female workman shall be entitled to abstain from work during terms of four weeks each before and after confinement and in respect of such terms (hereinafter in this Part referred to as the “benefit period”) to receive from her employer a maternity allowance to be calculated as provided in subsection (2) of this section:Provided that a female workman shall not be entitled to such maternity allowance after her third confinement.

A female workman who has worked for an employer from whom she claims maternity benefit for not less than one hundred and eighty days within the period of one year immediately preceding the notice required under subsection (1) of section 100 of this Act shall be paid maternity allowance at the rate of four dollars a day or her ordinary rate of pay for a day, whichever is less, during the benefit period.

Notwithstanding the provisions of subsections (1) and (2) of this section a female workman who has worked in her employment on any day during the period of four weeks immediately preceding her confinement shall not be entitled to any maternity allowance for that day or for any part of that period which precedes that day.

If a female workman, after giving notice to her employer that she expects to be confined, abstains from work in expectation of her confinement and dies from any cause before her confinement the employer shall pay to the person nominated by her under subsection (5) of section 100 of this Act or, if there is no such person, to her legal personal representative, an allowance at the rate prescribed under section 96 from the date immediately following the last day on which she works to the day immediately preceding the day of her death:Provided that in the circumstances mentioned in this subsection no employer shall be liable to pay such allowance in respect of a period exceeding thirty days.

If a female workman dies from any cause on or after the day of her confinement and before any maternity allowance to which she is entitled has been paid to her the employer shall pay to the person nominated by her under subsection (5) of section 100 of this Act or, if there is no such person, to her legal personal representative, any maternity allowance to which she is on the date of her death entitled in respect of the period up to the day of confinement and in respect of the period after confinement up to the day preceding the day of her death.

A female workman shall give notice to her employer that she expects to be confined within one month from the date of such notice.

A female workman who has been confined shall, within seven days from her confinement, give notice to her employer of the date on which she was confined.

Any female workman who omits to give notice as required under subsections (1) and (2) of this section shall forfeit her claim for any maternity allowance to which she is entitled unless she was prevented by any sufficient cause from the giving of such notice.

The employer shall on receipt of a notice from the female workman under subsection (1) of this section permit such female workman to absent herself from employment until the expiry of four weeks after the day of her confinement.

A female workman who gives notice under subsections (1) and (2) of this section may in such notice nominate some other person to whom her maternity allowance may be paid on her behalf; and any payment of any maternity allowance made to the person so nominated, shall for the purpose of this Act be deemed to be payment to the female workman who nominated such person.

No notice of dismissal given without sufficient cause by an employer to a female workman within a period of three months before her confinement shall have the effect of depriving her of any maternity allowance to which but for such notice she would have been entitled or would, on or before the date of her confinement, have become entitled under this Part.

If any question arises as to whether any notice of dismissal given under subsection (1) of this section was or was not given for sufficient cause, it shall be referred to the Minister whose decision thereon shall be final.

No female workman shall be employed in any underground work.

Any person who employs a female workman in contravention of subsection (1) of this section shall be guilty of an offence under this Act.

A contract of service for a specified piece of work or for a specified period of time shall, unless otherwise terminated in accordance with the provisions of this Part, terminate when the work specified in such contract is completed or the period of time for which such contract was made has expired:Provided that a contract of service for a specified period of four weeks or less shall be deemed for the purposes of this Part to be a contract for an unspecified period.

A contract of service for an unspecified period of time shall be deemed to run until terminated by either party in accordance with the provisions of this Part.

Either party to a contract of service may at any time give to the other party notice of his intention to terminate such contract of service.

The length of such notice shall be the same for both employer and employee and shall be determined by any provision made for such notice in the terms of the contract of service, or, in the absence of such provision, shall be in accordance with the provisions of subsection (3) of this section.

The notice to terminate the service of a person who is employed under a contract of service shall be not less than —

Such notice shall be written and may be given at any time, and the day on which the notice is given shall be included in the period of the notice.

Either party to a contract of service may terminate such contract of service without notice or, if notice has already been given in accordance with section 10 of this Act, without waiting for the expiry of that notice, by paying to the other party a sum equal to the amount of salary which would have accrued to the employee during the term of such notice.

Either party to a contract of service may terminate such contract of service without notice in the event of any wilful breach by the other party of a condition of the contract of service.

An employer shall be deemed to have broken his contract of service with the employee if he fails to pay salary in accordance with Part III of this Act.

An employee shall be deemed to have broken his contract of service with the employer if he has been continuously absent from work for more than two days —

An employer may after due inquiry dismiss without notice an employee employed by him on the grounds of misconduct inconsistent with the fulfilment of the express or implied conditions of his service:Provided that instead of dismissing an employee an employer may —

For the purpose of an inquiry under subsection (1) of this section, the employer may suspend the employee from work for a period not exceeding one week but shall pay him not less than half his salary for such period:Provided that if the inquiry does not disclose any misconduct on the part of the employee the employer shall forthwith restore to the employee the full amount of salary so withheld.

If a trade or business or an undertaking (whether or not it be an undertaking established by or under any written law) is transferred from one person to another, the period of employment of an employee in the trade or business or undertaking at the time of the transfer shall count as a period of employment with the transferee, and the transfer shall not break the continuity of the period of employment.

If by or under any written law, whether enacted before or after the date of the coming into operation of this Act, a contract of employment between any body corporate and an employee is modified and some other body corporate is substituted as the employer, the employee’s period of employment at the time when the modification takes effect shall count as a period of employment with such other body corporate and the change of employer shall not break the continuity of the period of employment.

If on the death of an employer the employee is taken into the employment of the personal representatives or trustees of the deceased, the employee’s period of employment at the time of the death shall count as a period of employment with the employer’s personal representatives or trustees, and the death of the employer shall not break the continuity of the period of employment.

If there is a change in the partners, personal representatives or trustees who employ any person, the employee’s period of employment at the time of the change shall count as a period of employment with the partners, personal representatives or trustees after the change, and the change shall not break the continuity of the period of employment.

Salary earned by an employee under a contract of service shall be paid before the expiry of the seventh day after the last day of the salary period in respect of which the salary is payable.

The total salary due to an employee on completion of his contract of service shall be paid to him on completion of such contract.

Subject to the provisions of this Act, the total salary due to an employee who terminates his contract of service with his employer under section 11 of this Act or after giving due notice to such employer as required under section 10 of this Act shall be paid to him on the day on which such contract of service is terminated.

Subject to the provisions of this Act, the total salary due to an employee who terminates his contract of service without giving prior notice to his employer as required under section 10 of this Act, or, if notice has already been given under the said section, but the employee terminates his contract of service without waiting for the expiry of such notice, shall be paid to him before the expiry of the seventh day after the day on which he terminates his contract of service:Provided that the employer may, subject to any order made by a court or the Commissioner to the contrary, deduct from the salary due to the employee such sum as the employee is liable to pay in lieu of prior notice under the provisions of subsection (1) of section 11 of this Act.

Notwithstanding the provisions of sections 23 and 24 of this Act, no payment of salary or any other sum due to an employee on dismissal or termination of service shall be made to the employee by the employer without the permission of the Comptroller of Income Tax under the provisions of subsection (7) of section 68 of the Income Tax Ordinance (Cap. 166).

The employer shall forthwith give notice of the dismissal or termination of service to the Comptroller of Income Tax and the payment of the salary or other sum due to the employee shall not be delayed more than thirty days after such notice has been given to and received by the Comptroller of Income Tax.

The following deductions may be made from the salary of an employee: —

For the purposes of paragraph (e) of subsection (1) of this section, the word “services” does not include the supply of tools and raw materials required for the purposes of employment.

Deductions may be made under paragraph (a) of subsection (1) of section 28 of this Act only on account of the absence of an employee from the place where, by the terms of his employment, he is required to work, such absence being for the whole or any part of the period during which he is so required to work.

The amount of any deduction referred to in subsection (1) of this section shall in no case bear to the salary payable to the employee in respect of the salary period for which the deduction is made a larger proportion than the period for which he was absent bears to the total period, within such salary period, during which he was required to work by the terms of his employment, and in the case of a monthly-rated employee shall not exceed one twenty-sixth of the monthly salary in respect of any one day.

If any employee absents himself from work otherwise than as provided by this Act or by his contract of service, the employer may, subject to any order which may be made by a court or by the Commissioner on complaint of either party, deduct from any salary due to such employee the cost of food supplied to him during such absence.

A deduction under paragraph (b) of subsection (1) of section 28 of this Act shall not exceed the amount of the damages or loss caused to the employer by the neglect or default of the employee and except with the permission of the Commissioner shall in no case exceed fifty dollars or one-quarter of one month’s wages whichever is the less and shall not be made until the employee has been given an opportunity of showing cause against the deduction.

All such deductions and all realisations thereof shall be recorded in a register to be kept by the employer in such form as may be prescribed.

The recovery of an advance of money made to an employee before the commencement of a contract of service shall begin from the first payment of salary in respect of a completed salary period, but no recovery shall be made of any such advance made for travelling expenses.

Advances may be recovered in instalments by deductions from salary spread over not more than twelve months. No instalment shall exceed one-fourth of the salary due for the salary period in respect of which the deduction is made.

Loans may be recovered in instalments by deductions from salary. No instalment shall exceed one-fourth of the salary due for the salary period in respect of which the deduction is made.

The provisions of this section shall apply only to workmen and to other employees in receipt of a salary not exceeding seven hundred and fifty dollars a month or such other amount as may be fixed from time to time by the Minister.

When, on the application of a person holding a mortgage, charge or lien or of a person who has obtained a judgment or decree, the property of an employer is sold, or any money due to such employer is garnished, the court ordering the sale or garnishment shall not distribute the proceeds of such sale or such money to the person entitled thereto unless and until such court has ascertained and paid the salary due to all employees employed by the said employer and to all employees engaged by a contractor or sub-contractor and working for the said employer:Provided that this section shall only apply —

For the purpose of ascertaining the amount due to any employee under subsection (2) of this section, the court may refer the matter to the Commissioner with a request that he holds an inquiry into such matter and forwards his findings in respect thereof to the court, and the Commissioner shall comply with any such request.

For the purposes of any inquiry under subsection (3) of this section, the Commissioner shall have all the powers conferred upon him by section 145 of this Act.

For the purposes of this section, “employees” shall be deemed to include sub-contractors for labour and “salary” shall be deemed to include money due to a sub-contractor for labour.

Every employee shall be allowed in each week a rest day of one whole day which shall be Sunday or such other day as may be determined from time to time by the employer:Provided that the employer may substitute any continuous period of thirty hours as a rest day for an employee engaged in shift work.

Where the rest day of an employee is determined by his employer, the employer shall prepare or cause to be prepared a roster before the commencement of the month in which the rest days fall informing the employee of the days appointed to be his rest days therein.

Except as provided in subsection (2) of section 39 of this Act, no employee shall be compelled to work on a rest day unless he is engaged in work which by reason of its nature requires to be carried on continuously by a succession of shifts:Provided that in the event of any dispute the Commissioner shall have power to decide whether or not an employee is engaged in work which by reason of its nature requires to be carried on continuously by a succession of shifts.

Any employee who works at his own request for an employer on a rest day shall be paid for such work at not less than the ordinary rate of pay for one day’s work.

Any employee who works for and at the request of his employer on a rest day shall be paid for such work at not less than double the ordinary rate of pay for one day’s work:Provided that any employee who is employed by the Government or a statutory body in any of the essential services as defined under Part V of the Criminal Law (Temporary Provisions) Ordinance, 1955 (Ord. 26 of 1995), and who works for and at the request of his employer on a rest day shall be given a day off in substitution for such rest day.

Except as hereinafter provided, an employee shall not be required under his contract of service to work —

An employee may be required by his employer to exceed the limit of hours prescribed in subsection (1) of this section and to work on a rest day or on a holiday, in the case of —

If an employee works for and at the request of his employer more than eight hours in one day or, in the case specified in paragraph (ii) of the proviso to subsection (1) of this section, more than nine hours in one day, or more than forty-four hours in one week, he shall be paid for such extra work at the rate of not less than one and a half times his hourly rate of pay irrespective of the basis on which his rate of pay is fixed.

An employee shall not be permitted to work overtime for more than forty-eight hours a month:Provided that the Minister may by notification in the Gazette declare that the provisions of this subsection shall not apply to employees in any particular industry or undertaking.

For the purpose of calculating the payment due for overtime to an employee, such employee’s hourly rate of pay shall be taken to be —

The Minister may make regulations for the purpose of calculating the payment due for overtime to an employee employed on piece rates.

Except in the circumstances described in paragraphs (a), (b), (c), (d) and (e) of subsection (2) of this section, no employee shall under any circumstances work for more than twelve hours in any one day.

The provisions of this section shall not apply to employees engaged in the fire services or in work which by its nature involves long hours of inactive or stand-by employment.

Notwithstanding the provisions of subsection (1) of section 39 of this Act, an employee who is engaged under his contract of service in regular shift work may be required by his employer to work more than six consecutive hours, more than eight hours in any one day or more than forty-four hours in any one week but the average number of hours worked over any period of three weeks shall not exceed forty-four per week.

No employee who is engaged under his contract of service in regular shift work shall under any circumstances work for more than twelve hours in any one day.

The provisions of subsection (3) of section 39 of this Act shall not apply to any employee who is engaged under his contract of service in regular shift work, but any such employee who works for and at the request of his employer for more than an average of forty-four hours per week over any period of three weeks shall be paid for such extra work in accordance with subsection (3) of that section.

Every employee shall be entitled to a paid holiday at his ordinary rate of pay on such of the days specified in Schedule B to this Act as fall during the time that he is employed:Provided that by agreement between the employer and the employee any other day or days may be substituted for any one or more of the days specified in the said Schedule:And provided further that if any of the days specified in the said Schedule should fall on a rest day the working day following immediately thereafter shall be a paid holiday in substitution therefor.

An employee who absents himself from work on the working day immediately preceding or immediately succeeding a holiday or any day substituted therefor under subsection (1) of this section without the prior consent of his employer or without reasonable excuse shall not be entitled to any holiday pay for that holiday.

Notwithstanding the provisions of subsection (1) of this section, any employee may be required by his employer to work on any holiday to which he would otherwise be entitled under the said subsection and in such event he shall be paid an extra day’s salary at the ordinary rate of pay for one day’s work in addition to the ordinary rate of pay for that day and to a travelling allowance, if payable to him under the terms of his agreement with his employer, for one day:Provided that no employee shall be entitled under the provisions of this subsection to receive double any housing allowance or food allowance:And provided further that any employee who is employed by the Government or a statutory body in any of the essential services as defined under Part V of the Criminal Law (Temporary Provisions) Ordinance, 1955 (Ord. 26 of 1955), and who works for and at the request of his employer on any holiday shall be given a day off in substitution for such holiday.

For the purposes of this section if any such holiday falls on a half working day, the ordinary rate of pay payable shall be that of a full working day.

The Minister may from time to time by notification in the Gazette add to or alter the days specified in the said Schedule.

An employee shall be entitled to paid leave of —

The employer shall grant and the employee shall take such leave not later than twelve months after the end of every twelve months continuous service and any employee who fails to take such leave at the end of such period shall thereupon cease to be entitled thereto.

The employer shall pay the employee his ordinary rate of pay for every day of such leave and if an employee has been dismissed otherwise than for misconduct before he has taken such leave, the employer shall pay the employee his ordinary rate of pay in respect of every day of such leave.

The Minister may, by notification in the Gazette, fix the periods when and prescribe the manner in which annual leave shall be granted to employees in different types of employment or in different classes of industries.

Any employee who has served an employer for a period of not less than twelve months shall, after examination at the expense of the employer by a duly registered medical practitioner appointed by the employer or, if no such medical practitioner is appointed, by a medical officer, be entitled to such paid sick leave not exceeding in the aggregate —

An employee who absents himself on sick leave —

The employer shall pay the employee his ordinary rate of pay for every day of such sick leave:Provided that no employee shall be entitled to paid sick leave on a rest day or on a holiday to which he is entitled under the provisions of section 37 or 42 of this Act or on any day of paid annual leave:And provided further that no employee shall be entitled to paid sick leave for the period during which he is receiving compensation for temporary disablement under paragraph (e) of section 8 of the Workmen’s Compensation Ordinance (Cap. 157).

Except as provided in subsection (4) of this section, no female workman shall be employed in any kind of labour during the night or any part thereof.

No child or young person shall be employed as a workman during the night or any part thereof.

For the purpose of this section, “night” means a period of not less than eleven consecutive hours including the interval between eleven o’clock in the evening and six o’clock in the morning or such other interval of seven hours as the Minister may in respect of female workmen and young persons prescribe by notification in the Gazette for any particular industrial undertaking or branch thereof or any kind of labour.

The Minister may, by notification in the Gazette, exempt the employment of female workmen in any particular industry or in any industrial undertaking or any branch thereof or in any kind of labour from the provisions of subsection (1) of this section where he is satisfied, on an application made to him in that behalf, that it is desirable in the public interest to do so for the purpose of maintaining or increasing the efficiency of industry.

Without prejudice to the provisions of Part VIII of this Act, no child shall be employed as a workman for more than three hours without a break of thirty minutes, or for more than six hours in any one day.

No young person shall without the express permission of the Commissioner given in a Certificate of Registration issued under section 80 of this Act be employed as a workman in an industrial undertaking for more than four hours without a break of thirty minutes, or for more than seven hours in any one day:Provided that where a child or young person is attending school, the period of work plus the period of school attendance shall not in the aggregate exceed six hours or seven hours respectively in any one day except where such child or young person is employed upon work carried on in any Government or other technical school or in a training ship or under any apprenticeship or vocational training scheme approved by the Commissioner.

Where a principal in the course of or for the purposes of or in pursuance of or in furtherance of the interests of his trade or business, contracts with a contractor for the supply of labour or for the execution by or under the contractor of the whole or any part of any work undertaken by the principal, and any salary is due to any workman by the contractor or any sub-contractor under the contractor for labour supplied or for work done in the course of the execution of such work, the principal and the contractor and any such sub-contractor (not being the employer) shall be jointly and severally liable with the employer to pay such workman as if the workman had been immediately employed by him, and where salary is claimed from the principal, this Act, with the exception of section 34 thereof relating to priority of salary, shall apply as if reference to the principal were substituted for reference to the employer, except that salary claimed shall be calculated with reference to the salary of the workman under the employer by whom he is immediately employed:Provided that —

A claim for salary under the provisions of this section shall be made in the manner prescribed by Part XVI of this Act.

Nothing in this section shall prevent any principal or contractor or sub-contractor, not being the employer, who as the result of a claim made under this section has paid any salary to a workman from instituting civil proceedings for the recovery of the amount of salary so paid from the employer of such workman.

Nothing in this section shall be construed to prevent a workman from recovering salary under this Act from his employer instead of the principal or contractor or sub-contractor.

The Minister may by notification in the Gazette require all contractors and sub-contractors to be registered with the Commissioner and thereafter no person shall act as a contractor or a sub-contractor unless he is so registered.

Every application for such registration shall be in the prescribed form.

Every person so registered under the provisions of this section as a contractor or sub-contractor shall be deemed to be the employer of the workmen employed by him.

Every contractor or sub-contractor who has been so registered and who changes the name under which he carries on business shall within seven days of such change of name apply in writing to the Commissioner for re-registration and cancellation of the previous registration.

The Commissioner may at his discretion effect the registration of any person under this section and may at his discretion cancel any such registration.

The Minister may make regulations to prescribe the requirements and conditions for registration of a contractor or sub-contractor under this section.

Any person who contravenes any of the provisions of this section shall be guilty of an offence under this Act.

No child shall be employed except that a child who has completed his twelfth year may be employed in light work suited to his capacity.

The certificate of a medical officer shall be conclusive upon the question of whether any work is suited to the capacity of any particular child.

No child shall be employed in any occupation or in any place or under working conditions, injurious or likely to be injurious, to the health of the child.

The certificate of a medical officer shall be conclusive upon the question of whether an occupation or place or working conditions is or are injurious or likely to be injurious to the health of the child.

No person shall employ or permit to be employed any child or young person on any service involving management of or attendance on or proximity to live apparatus not effectively insulated.

For the purpose of this section —

“apparatus” means electrical apparatus and includes all apparatus, machines, consuming devices and fittings in which electrical conductors are used or of which they form a part;

“insulated” means covered or protected by material of such size, quality and construction according to the circumstances as to afford adequate protection from danger;

“live” means electrically charged.

If it shall be shown to the satisfaction of the Minister, upon the application of the Commissioner and after such enquiry as the Minister may think fit to direct, that the salary of children or young persons, or both, employed in any industry or for any particular work or in any area are insufficient, having regard to the nature of the work and the conditions of employment, it shall be lawful for the Minister to prescribe, by order to be published in the Gazette, minimum rates of salary to be paid to children or young persons or both in that industry, type of employment or area.

Any person contravening the provisions of any such order shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment, and for a second or subsequent offence to a fine not exceeding two thousand dollars and to imprisonment for a term which may extend to two years or to both such fine and imprisonment.

Where the Commissioner is satisfied after such enquiry that the applicant has attained the age of twelve years and is fit for the work he wishes to undertake, he shall issue to such applicant a Certificate of Registration which shall be valid for such period and shall be subject to such conditions as the Commissioner may direct.

Every Certificate of Registration shall be in such form as may be prescribed.

Any citizen of Singapore may apply for registration in the employment exchange and the Commissioner shall, if he is satisfied that such person is a citizen of Singapore, register such person.

No person who is not a citizen of Singapore shall be registered in the employment exchange.

All quarters so provided shall be constructed in accordance with the provisions of any written law for the time being in force relating to buildings.

All such quarters shall be maintained and kept in a sanitary condition in accordance with the provisions of any written law for the time being in force relating to such quarters.

The supply of water available for each workman for drinking, cooking or bathing purposes shall not be less than such number of gallons per diem as the Ministry of Health by order directs.

Any employer failing to comply with a direction of the Ministry of Health given under subsection (1) of this section shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding one hundred dollars for every day during which such failure continues.

It shall be the duty of the employer to ensure that all quarters are visited and inspected at least once a week by a responsible person who shall report to the employer if the quarters are not kept clean or if any refuse is allowed to accumulate in the neighbourhood of the quarters and the employer shall make such arrangements as may be necessary for the cleaning of the quarters and their surroundings and for the removal of any refuse which may have accumulated.

In any case where a medical officer considers that the visits, inspections or other duties prescribed by subsection (1) of this section are not satisfactorily carried out he may notify the employer accordingly, specifying the matters in respect whereof he is not satisfied and the employer shall thereupon make such further or other arrangements whether by substituting a different person to perform the said duties or otherwise, as the medical officer may require.

Every employer shall prepare and keep a register showing the name, address and other particulars, the rate of pay and allowances, the amount earned, including earnings and the amount of any deductions made from the earnings of each employee employed by him.

For the purposes of this Part —

Every employer who employs ten or more employees shall cause to be erected and exhibited in a conspicuous place at the main entrance to the premises at which he carries on his trade or business or to the place of employment a notice board on which shall be painted in English characters easily legible, the name of such place of employment or the business name and address of the employer, and, if the employer is a company whether corporate or unincorporate, the address of the registered office of such company.

Every employer who fails or neglects to comply with the provisions of this section shall be guilty of an offence under this Act and shall be liable on conviction to a fine of two hundred dollars.

The Commissioner may by notification in the Gazette require any employer or class of employers to forward to the Commissioner at such time or times as may be specified in the notification a return in such form or forms as may be approved by the Commissioner giving the particulars and information prescribed therein, and any such employer shall furnish particulars and information so prescribed.

No person shall be bound to furnish any particulars or information other than such as are accessible to him in the course of or derivable from any profession, business, trade or work in the conduct or supervision of which he is engaged.

The Commissioner may give notice in writing to any employer when and as often as he thinks necessary requiring the employer to furnish within a reasonable time stated in such notice fuller or further returns respecting any matter as to which a return is required by or under this Act or the Regulation of Employment Act, 1965 (Act 12 of 1965).

Such requisition may specify —

Any employer who —

A certificate under the hand of the Commissioner stating that such returns have not been furnished or are incorrect shall be sufficient prima facie evidence of the truth of the facts stated in such certificate.

No return of particulars or information and no part of a return furnished, and no answer to any question put, for the purposes of this Act shall, without the previous consent in writing of the person having the control, management or superintendence of the profession, business, trade or work in relation to which the return or answer was furnished or given, be published nor, except for the purposes of a prosecution under this Act, shall any person not engaged in connection with the collection or preparation of statistics under this Act be permitted to see any such individual return or any such part of an individual return.

Every person engaged in connection with the collection, preparation or publication of statistics under this Act shall be required to make a declaration in the prescribed form that he will not disclose or, except for the purposes of this Act, make use of the contents of any such part of an individual return, or any such answer as aforesaid; and any person who knowingly acts in contravention of any declaration which he has so made shall be guilty of an offence under this Act and shall be liable on conviction to imprisonment for a term not exceeding one year, or to a fine not exceeding four thousand dollars or to both such imprisonment and fine.

In any report, summary of statistics, or other publication prepared under this Act with reference to any trade or industry, the particulars comprised in any return shall not be disclosed in any manner whatever, or arranged in any way which would enable any person to identify any particulars so published as being particulars relating to any individual person or business.

If any person, having possession of any information which to his knowledge has been disclosed in contravention of the provisions of this section, publishes or communicates to any other person any such information, he shall be guilty of an offence under this Act and shall be liable on conviction to imprisonment for a term not exceeding one year or to a fine not exceeding four thousand dollars or to both such imprisonment and fine.

The Commissioner or any person authorised in writing by the Commissioner or a medical officer may enter without previous notice at any hour of the day or night all places of employment where he has reasonable cause to believe that any employee resides or is employed and inspect any house, hospital, clinic, dispensary, tent, camp or building in any way used by any employee and make such enquiry into the salary and conditions of employment of such employee as he may deem fit.

The Inspecting Officer shall, if required to do so, show his credentials.

In the course of an inspection the Inspecting Officer may —

No answer which a person shall be legally bound to give under the provisions of paragraph (a) of subsection (1) of this section shall be proved against him in any criminal proceeding, except on a prosecution for giving false evidence by such answer.

The Commissioner may require every employer to keep at the place of employment or at the permanent office of the employer an Inspection Report Book.

Such book shall be at all times immediately accessible to any Inspecting Officer, and every such employer shall be conclusively deemed to have notice of any entry made therein by an Inspecting Officer.

Every employer who —

In all rooms of any premises where retail trade or business is carried on and where employees are working the employer shall provide seats behind the counter, or in such other position as may be suitable for the purpose, and such seats shall be in the proportion of not less than one seat to every three employees in each room and it shall be the duty of the employer to permit the employees to make use of such seats whenever the use thereof does not interfere with their work, and the employer shall in such manner and form as may be prescribed by regulations made by the Minister give notice informing such employees that they are intended to do so.

Any person failing to comply with the provisions of this section shall be guilty of an offence under this Act and shall be liable on conviction for a first offence to a fine not exceeding fifty dollars, and for a second or subsequent offence to a fine which shall not be less than fifty dollars and shall not exceed one hundred dollars.

Subject to the provisions of this section, the Commissioner may inquire into and decide any dispute between an employee and his employer or any person liable under the provisions of this Act to pay any salary due to such employee where such dispute arises out of any term in the contract of service between such employee and his employer or out of any of the provisions of this Act, and in pursuance of such decision may make an order in the prescribed form for the payment by either party of such sum of money as he deems just without limitation of the amount thereof.

The Commissioner shall not inquire into any dispute in respect of matters arising earlier than one year from the date of lodging a claim under the provisions of section 149 of this Act or the termination of the contract of service of or by the person claiming under the provisions of that section:Provided that the person claiming in respect of matters arising out of or as the result of a termination of a contract of service has lodged a claim under the provisions of section 149 of this Act within six months of the termination of the contract of service.

The powers of the Commissioner under subsection (1) of this section shall include the power to hear and decide, in accordance with the procedure laid down in this Part, any claim by a sub-contractor for labour against a contractor or sub-contractor for any sum which the sub-contractor for labour claims to be due to him in respect of any labour provided by him under his contract with the contractor or sub-contractor and to make such consequential orders as may be necessary to give effect to his decision.

The Commissioner shall not inquire into any dispute in respect of an employee, other than a workman, whose monthly salary is more than seven hundred and fifty dollars or such other amount as may be fixed from time to time by the Minister or who would not have been entitled to lodge any claims with the Commissioner or liable to meet any claims lodged with the Commissioner before the date of the coming into operation of this Act.

Whenever the Commissioner has made an order under section 145 of this Act against any employer or any person liable for the payment of any sum of money to any workman or sub-contractor for labour and after enquiry finds that there exists between such employer or person liable and some other person a contract in the course of the execution of which the workman or sub-contractor for labour performed the work in respect of which the order has been made, the Commissioner may summon such other person and may make an order prohibiting him from paying to the employer or person liable and requiring him to pay to the Commissioner any money (not exceeding the amount found due to such workman or sub-contractor for labour) admitted by him to be owing to the employer or person liable in respect of such contract:Provided that where such other person admits to the Commissioner in writing that money is owing by him under such contract to the employer or person liable he need not be summoned before the Commissioner and the Commissioner may make such order in his absence:And provided further that where such other person is liable as a principal under section 65 of this Act to pay any salary due by the employer or person liable and where the money admitted by him to be owing to the employer or person liable is not sufficient to pay the whole of such salary nothing in this subsection shall relieve him of his liability for the balance of such salary up to the amount for which he is liable under the said section.

Any person so summoned shall be legally bound to attend at the time and place mentioned in the summons and to answer truthfully all questions relating to the contract which the Commissioner may put to him.

The payment of any money in pursuance of an order under subsection (1) of this section shall be a discharge and payment up to the amount so paid of money due to the employer or person liable under the contract.

If any employee or sub-contractor for labour complains to the Commissioner that he has reasonable ground for believing that his employer or person liable, in order to evade payment of salary due to such employee or any money due to such sub-contractor for labour in respect of any labour provided by him, is about to leave Singapore, the Commissioner may direct such employee or sub-contractor for labour to a Magistrate’s Court and the Magistrate’s Court may summon such employer or person liable and direct him to show cause why he should not be required to give security by bond to remain in Singapore until such salary or other money due is paid; and if, after hearing the evidence of such employer or person liable, the Magistrate’s Court adjudicates that such bonds shall be given, the Magistrate’s Court may order such employer or person liable to give security by bond in a reasonable sum that he will not leave Singapore until the Magistrate’s Court is satisfied that all the just claims against him of his employees for salary or of any sub-contractor for labour for money due in respect of any labour provided by him have been paid or settled.

If the employer or person liable fails to comply with the terms of such order to give security, he shall be detained in the civil prison until arrangements are made to the satisfaction of the Magistrate’s Court for settling the claims of his employees or of any sub-contractor for labour:Provided that such employer or person liable shall be released at any time on security being furnished or on his payment either in whole or in a reasonable part, of all claims of his employees or of any sub-contractors for labour:And provided further that in no case shall the period of such detention exceed three months.

The bond to be given by an employer or person liable shall be a personal bond with one or more sureties, and the penalty for breach of the bond shall be fixed with due regard to the circumstances of the case and the means of the employer or person liable.

If on or after a complaint by any employee or sub-contractor for labour under subsection (1) of this section, it appears to the Magistrate’s Court that there is good ground for believing that the person complained against has absconded or is absconding or is about to abscond, the Magistrate’s Court may issue a warrant for the apprehension of such person and such person shall be detained in safe custody pending the hearing of the complaint unless he finds good and sufficient security to the satisfaction of the Magistrate’s Court for his appearance to answer the complaint.

If, after summoning any person to show cause why he should not be required to give security by bond to remain in Singapore until the salary of his employees or money due to a sub-contractor for labour in respect of any labour provided by him is paid, it appears to the Magistrate’s Court after inquiry has been made by the Commissioner that the employee or sub-contractor for labour who made the complaint had no reasonable or sufficient grounds for making it, the Magistrate’s Court may impose a fine of twenty-five dollars upon such employee or sub-contractor for labour and in default of payment sentence him to imprisonment for a term not exceeding fourteen days.

For the purposes of this section, a certificate from the Commissioner issued to the Magistrate’s Court to the effect that all salary or money claimed has been paid or settled shall be sufficient evidence of the payment or settlement thereof.

Whenever the Minister or the Parliamentary Secretary to the Minister or the Permanent Secretary to the Ministry of Labour or the Commissioner has reasonable grounds for believing that an offence under this Act has been committed, or wishes to enquire into any matter for which provision is made by this Act or any dispute as to such matter or the death of an employee, or any matter connected with hospital and medical facilities, quarters, sanitation, inspections or the keeping of registers and other documents or whenever any person complains to the Parliamentary Secretary to the Minister or the Permanent Secretary to the Ministry of Labour or the Commissioner of any breach of any provision of this Act, the Minister or the Parliamentary Secretary to the Minister or the Permanent Secretary or the Commissioner, as the case may be, may summon any other person who he has reason to believe can give information respecting the subject matter of the enquiry or complaint, and the person so summoned shall be legally bound to attend at the time and place specified in the summons, and to answer truthfully all questions which the Minister or the Parliamentary Secretary to the Minister or the Permanent Secretary or the Commissioner, as the case may be, may put to him.

Any person who in any way wilfully obstructs the service of or obedience to such summons, and any person summoned who neglects to attend as required in such summons, and any person who commits in respect of any such enquiry or complaint any offence described in Chapter X of the Penal Code (Cap. 119), shall be punished as provided in Chapter X of the Penal Code.

If upon enquiry as aforesaid it appears that an offence has been committed or that the complaint is well founded, the Commissioner may institute such proceedings, civil or criminal, as he may deem necessary under the circumstances and where the proceedings arise from a complaint made by an employee or sub-contractor for labour he shall institute such proceedings for and in the name of the employee or sub-contractor for labour.

In the event of there being more employees or sub-contractors for labour than one making a similar complaint, the Commissioner may, if he institutes civil proceedings for and in the name of such employees or sub-contractors for labour, consolidate the complaint of all such employees or sub-contractors for labour into one cause of action and he shall only be required to sue out one summons for and in the name of all such employees or sub-contractors for labour in respect of such causes of action.

Any court which would have jurisdiction to hear and determine separate suits based on such causes of action shall be competent to hear and determine such consolidated suit as aforesaid, notwithstanding that the subject matter of such consolidated suit is in excess of the ordinary jurisdiction of such court.

Judgment may be given without any amendment for such one or more of the plaintiffs as may be found to be entitled to relief for such relief as he or they may be entitled to.

Subject to any special provision to the contrary contained in this Act, all convictions and penalties for offences under this Act may be had and recovered before a Magistrate’s Court or a District Court on complaint by any person aggrieved or by the Commissioner or any person authorised by him in that behalf.

Any such Court may, notwithstanding anything in the Criminal Procedure Code (Cap. 132) contained, impose the full punishment prescribed by this Act, excepting that a Magistrate’s Court shall not impose a sentence of imprisonment exceeding one year.

A summons issued by the Commissioner under section 146, 149 or 153 of this Act may be served on any person by delivering or tendering to him a copy thereof signed by the Commissioner:Provided that —

When such summons as aforesaid is addressed to a corporation, it may be served —

When the serving officer delivers or tenders a copy of the summons to the person to be summoned or to an agent or other person on his behalf, he shall require the signature of the person to whom the copy is so delivered or tendered to an acknowledgment of service endorsed on the original summons.

If —

The serving officer shall, in all cases in which the summons has been served under subsection (3) of this section, endorse or annex or cause to be endorsed or annexed, on or to the original summons, a return stating the time when and the manner in which the summons was served.

When a summons is returned under subsection (4) of this section, the Commissioner shall, if the return under that subsection has not been verified by the affidavit of the serving officer, and may, if it has been so verified, examine the serving officer on affirmation touching his proceedings and may make such further enquiry in the matter as he thinks fit and shall either declare that the summons has been duly served or order such service as he thinks fit.

When the Commissioner is satisfied that there is reason to believe that the person to be summoned is keeping out of the way for the purpose of avoiding service or that for any other reason the summons cannot be served in the ordinary way, the Commissioner may order the summons to be served by affixing a copy thereof in some conspicuous place in or near the office of the Commissioner and also upon some conspicuous part of the house, if any, in which the person to be summoned is known to have last resided, or in such other manner as the Commissioner thinks fit, or may order the substitution for service of notice by advertisement in the Gazette and in such newspaper or newspapers circulating in Singapore as the Commissioner may think fit.

The service substituted by order of the Commissioner shall be as effectual as if it has been made personally on the person to be summoned.

Whenever service is substituted by order of the Commissioner, the Commissioner shall fix such time for the appearance of the person to be summoned as the case may require.

Any order or notice in writing made or issued by the Commissioner or the Ministry of Health or a medical officer or other officer in the exercise of powers conferred by this Act may be served as if the same were a summons, and the provisions of this section, other than subsection (1) thereof, shall apply to the service of such order or notice.

The Minister, in addition to the powers expressly conferred by any other provisions of this Act, may make regulations for carrying out the purposes of this Act.

In particular and without prejudice to the generality of the foregoing power, such regulations may —

All regulations made under this Act shall be published in the Gazette and shall be presented to Parliament as soon as may be after publication.