Industrial Relations Act 1960 · 2020 Revised Edition · Part 8A · Application of Act to Platform Operators, Platform Workers and Platform Work Associations
77G. Commissioner’s power to inquire into complaints
Feedback & supportLast amended by an amending law of 2024.
The Commissioner may —
Commissioner
“Commissioner” means the Commissioner for Labour appointed under section 3 of the Employment Act 1968, and includes a Deputy Commissioner for Labour, a Principal Assistant Commissioner for Labour and an Assistant Commissioner for Labour under that Act;
inquire into and decide any dispute between a platform worker and a platform operator bound by an award as to the platform worker’s entitlement to any payment by way of earnings or otherwise in accordance with the award; and
make an order in the prescribed form for the payment by either party of such sum of money as the Commissioner considers just without limitation of the amount thereof.
The provisions of the Employment Act 1968 relating to appeals from decisions and orders of the Commissioner under Part 15 of that Act and the mode of procedure for the making and hearing of claims under that Part and the joining of claims, subject to the modifications set out in subsection (11), shall apply to decisions, orders and claims made under this section.
No fees are to be charged by the Commissioner in respect of processes issued by the Commissioner under this section.
All orders made by the Commissioner, even though the same may in respect of the amount or value be in excess of its ordinary jurisdiction, are to be enforced by a District Court in the same manner as a judgment of that Court and all necessary processes may be served by that Court on behalf of the Commissioner.
Court
“Court” means an Industrial Arbitration Court established under section 3;
No sale of immovable property for the purposes of such enforcement is to be ordered except by the General Division of the High Court.
If any person complains to the Commissioner that an order made under subsection (1) has not been complied with —
the Commissioner must take such action as is appropriate for the enforcement of the order; and
no court fees or deposits are chargeable in the first instance in respect of the enforcement of the order but the same are to be paid by the person against whom the order is enforced.
Where —
any person complains to the Minister, the Parliamentary Secretary to the Minister or to the Commissioner that a platform work association or person bound by an award has committed a breach or non‑observance of any term of an award;
the Minister, the Parliamentary Secretary to the Minister or the Commissioner has reason to believe that such a breach or non‑observance has occurred; or
the Minister, the Parliamentary Secretary to the Minister or the Commissioner wishes to inquire into any matter for which provision is made by an award or any dispute as to such matter,the Minister, the Parliamentary Secretary to the Minister or the Commissioner may summon any other person who he has reason to believe can give information respecting the matter.
The person summoned under subsection (7) is legally bound to attend at the time and place specified in the summons and to answer truthfully all questions which the Minister, the Parliamentary Secretary to the Minister or the Commissioner may put to that person.
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 by such summons, and any person who commits in respect of any such inquiry or complaint any offence described in Chapter 10 of the Penal Code 1871 shall be punished as provided in that Chapter.
If, upon inquiry under subsection (7), the Commissioner is informed by the Minister or by the Parliamentary Secretary to the Minister or is of the opinion that a breach or non‑observance of any term of an award has been committed, the Commissioner has the same powers to institute proceedings as he has under Part 15 of the Employment Act 1968 upon inquiry under that Part and the provisions of that Act relating to proceedings instituted by him under that Act, subject to the modifications in subsection (11), apply to and in relation to proceedings instituted by him under this subsection.
For the purposes of subsections (2) and (10), in the provisions of the Employment Act 1968 mentioned in those subsections, any reference mentioned in the first column of the following table is to be read as the corresponding reference in the second column of the table:First columnReferenceSecond columnCorresponding reference(a)an employera platform operator(b)an employeea platform worker(c)a member of a trade uniona member of a platform work association(d)an officer of a trade unionan officer of a platform work association.
officer
“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;