52. Penalties for breach of award

Amended

Last amended by an amending law of 2010.

(1)

Any trade union or person bound by an award who has committed any breach or non-observance of any term of an award shall be guilty of an offence and shall be liable on conviction by a Magistrate’s Court to a fine not exceeding —

(a)

in the case of a trade union or an employer, $5,000;

(b)

in the case of an officer of a trade union, $1,000; and

(c)

in any other case, $1,000.

(2)

Where in any proceedings against an employer under this section it appears to the Magistrate’s Court that an employee employed by that employer has not been paid an amount which he is entitled to be paid by way of wages or otherwise in accordance with an award, that Court may —

(a)

order that the employer shall pay to the employee the amount due to him either in a lump sum or by instalments; and

(b)

fix the date or dates on which the lump sum or instalments shall be paid.

(3)

Where an amount or instalment ordered to be paid under subsection (2) is not paid on the date fixed by the order, the amount or so much thereof as then remains unpaid shall immediately be recoverable as if it were a fine and the amount so recovered shall be paid to the employee entitled under the order.

Terms defined in s 2

award
Defined · s 2
“award” means an award made by a Court;
Open s 2
Court
Defined · s 2
“Court” means an Industrial Arbitration Court established under section 3;
Open s 2
employee
Defined · s 2
“employee” means a person who has entered into or works under a contract of service with an employer and includes an officer or servant of the Government included in a category, class or description of such officers or servants declared by notification in the Gazette by the President of Singapore to be employees for the purposes of this Act, but does not include any person or 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;
Open s 2
employer
Defined · s 2
“employer” means any person who employs another person under a contract of service and includes —(a)the Government in respect of such categories, classes or descriptions of officers or servants of the Government as from time to time are declared by the President of Singapore to be employees for the purposes of this Act;(b)a statutory authority;(c)a duly authorised agent or manager of an employer;(d)a person who owns, or is carrying on, or is for the time being responsible for the management or control of a profession, business, trade or work in which an employee is engaged;(e)for the purposes of Parts 5, 6 and 7, the transferor of an undertaking whose employment of employees is transferred by virtue of section 18A of the Employment Act 1968;
Open s 2
officer
Defined · s 2
“officer”, in relation to a trade union or a branch of a trade union, includes any member of the body, by whatever name called, to which the management of the affairs of the trade union or branch is entrusted;
Open s 2
trade union
Defined · s 2
“trade union” means a trade union of employees or employers registered under any written law for the time being in force relating to the registration of trade unions;
Open s 2