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Purpose of this Part
80B. The purpose of this Part is to regulate and upgrade cleaning standards and productivity in the cleaning industry in Singapore by licensing cleaning businesses with requirements for the training of cleaners and the payment of progressive wages to cleaners that ensure a more engaged cleaning workforce and the retention of a core of resident cleaners.[15/2014]
Non-application of sections 99 and 103
80C.—(1) Section 99 does not apply to or in relation to any cleaning business licence.[15/2014] (2) Section 103 does not apply to the contravention of any provision of this Part.[15/2014] —(1) Section 99 does not apply to or in relation to any cleaning business licence.[15/2014] (2) Section 103 does not apply to the contravention of any provision of this Part.[15/2014]
Carrying on cleaning business without cleaning business licence prohibited
80D.—(1) A person must not carry on a cleaning business in Singapore, except under and in accordance with a cleaning business licence that is in force.[15/2014] (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.[15/2014] (3) In this section, a person is presumed, until the contrary is proved, to be carrying on a cleaning business if the person, directly or indirectly, charges or receives any fee or reward for providing cleaning work to other persons, or undertakes for a fee or reward to provide cleaning work to other persons, as follows:(a) by contract of service, the person employs 2 or more individuals as cleaners to perform the cleaning work; (b) the person, having —(i) to achieve a stated result or outcome; and (ii) to supply all or substantially all of the plant or equipment or the tools of trade needed to perform the cleaning work, by contract (whether or not a contract of service) engages 2 or more individuals to perform the cleaning work; or (c) being a principal contractor, the person engages by contract (other than a contract of service) any person mentioned in paragraph (a) or (b) to provide cleaning work to other persons.[15/2014]
Offence to engage unlicensed persons
80E.—(1) Where —(a) a person (A) enters into or renews any contract (other than a contract of service) with another person (B) for cleaning work to be performed by cleaners engaged or employed by B on premises or any public place owned, occupied or managed by A; and (b) B does not hold a valid cleaning business licence as required by section 80D, then, whether or not any criminal proceedings are instituted against B, A shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction. [15/2014] (2) In any proceedings for an offence under subsection (1), it is a defence for A to prove, on a balance of probabilities, that A did not know and could not reasonably have been expected to know that B did not hold a valid cleaning business licence as required by section 80D.[15/2014]
Application for cleaning business licence
80F.—(1) Every application for a cleaning business licence must —(a) be made to the Director‑General in any form and manner that the Director‑General may require;[Act 5 of 2023 wef 01/01/2024] (aa) state the class of cleaning business licence that is being applied for; and[Act 5 of 2023 wef 01/01/2024] (b) be accompanied by —(i) the prescribed application fee (if any); (ii) a progressive wage plan in respect of the applicant’s cleaning business that complies with the prescribed requirements; and[Act 5 of 2023 wef 01/07/2023] (iii) any other particulars, information and documents that the Director‑General may require.[15/2014] (2) The applicant must, at the request of the Director‑General, provide any further information or evidence that the Director‑General may require to decide the application.[15/2014] (3) Any person who, in relation to any application for the grant or renewal of a cleaning business licence, submits a false document or makes a statement which is false or misleading in any material particular shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both.[15/2014]
Grant or refusal of cleaning business licence
80G.—(1) The Director‑General may grant or refuse to grant a cleaning business licence in accordance with this Part, and in every case he or she must notify the applicant in writing of his or her decision.[15/2014] (2) There must be charged for the grant of any cleaning business licence any fee that may be prescribed.[15/2014] (3) No applicant for, or holder of, a cleaning business licence is entitled to any refund of any fee paid in respect of any application for or grant of a cleaning business licence.[15/2014] (4) Subject to the provisions of this Part, an applicant is eligible for a cleaning business licence if —(a) the applicant is a company registered under the Companies Act 1967, a limited liability partnership registered under the Limited Liability Partnerships Act 2005, a sole proprietorship or firm registered under the Business Names Registration Act 2014, a society registered under the Societies Act 1966 or an entity having a business or corporate structure that may be prescribed; (b) [Deleted by Act 5 of 2023 wef 01/07/2023] (c) the progressive wage plan in respect of its cleaning business submitted by the applicant complies with the prescribed requirements;[Act 5 of 2023 wef 01/07/2023] (d) in the case of an applicant who has one or more cleaners in the applicant’s employ at the time of the application — the applicant satisfies the Director-General that such proportion of the cleaners that the applicant employs, have attended such training, and at such frequency, as the Director-General may specify for the class of the cleaning business licence that is being applied for;[Act 5 of 2023 wef 01/07/2023] [Act 5 of 2023 wef 01/01/2024] (e) the paid‑up capital or (where the applicant is not a corporation) net worth of the applicant for the period specified by the Director‑General, is not less than the amount specified by the Director‑General for the class of the cleaning business licence that is being applied for (if specified);[Act 5 of 2023 wef 01/01/2024] (f) the applicant has obtained a valid certification relating to the safety, health and welfare of persons at work in the applicant’s workplace, of a type that is specified by the Director‑General for the class of the cleaning business licence that is being applied for (if specified); and[Act 5 of 2023 wef 01/01/2024] (g) the applicant satisfies all other prescribed requirements for the class of the cleaning business licence that is being applied for.[15/2014; 29/2014] [Act 5 of 2023 wef 01/01/2024] (4A) The Director-General may subdivide cleaning business licences (whether granted or renewed before, on or after the date of commencement of section 19(1)(d) of the Environmental Public Health (Amendment) Act 2023) into classes, such as according to any of the following, and may grant or renew a cleaning business licence on or after that date accordingly for one or more such classes:(a) the type of cleaning business that the cleaning business licensee is authorised to carry on; (b) the paid‑up capital or net worth (as the case may be) of the cleaning business licensee; (c) the cleaning business licensee’s compliance history with —(i) the requirements of this Act, the Central Provident Fund Act 1953, the Employment Act 1968, the Employment of Foreign Manpower Act 1990 and the Workplace Safety and Health Act 2006; and (ii) any order made by an Employment Claims Tribunal under section 22 of the Employment Claims Act 2016.[Act 5 of 2023 wef 01/01/2024] (5) [Deleted by Act 5 of 2023 wef 01/07/2023] (6) The Director‑General may, if he or she thinks fit, in any particular case waive any (but not all) of the requirements of subsection (4).[15/2014] (7) Any person who is aggrieved by the decision of the Director‑General refusing to grant the person a cleaning business licence may, within 14 days after the person is notified of that decision, appeal to the Minister whose decision is final.[15/2014] (8) In this section —“corporation” has the meaning given by section 4(1) of the Companies Act 1967; “Employment Claims Tribunal” means a subordinate court called an Employment Claims Tribunal constituted under section 4 of the State Courts Act 1970; “net worth” of a person means the amount by which the person’s assets exceeds the person’s liabilities.[Act 5 of 2023 wef 01/01/2024]
Conditions of cleaning business licence
80H.—(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). (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.[Act 5 of 2023 wef 01/01/2024] (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.[Act 5 of 2023 wef 01/07/2023]
Form and validity of cleaning business licence
80I.—(1) Every cleaning business licence —(a) must be in such form as the Director‑General may determine; (b) must contain the conditions subject to which it was granted; and[Act 5 of 2023 wef 01/01/2024] (c) is valid for the period stated therein unless it is earlier revoked under section 80J.[Act 5 of 2023 wef 01/01/2024] (d) [Deleted by Act 5 of 2023 wef 01/01/2024][15/2014] (1A) Every cleaning business licence (other than a prescribed class of cleaning business licence) may be renewed upon its expiry.[Act 5 of 2023 wef 01/01/2024] (2) Sections 80F, 80G and 80H apply, with the necessary modifications, to the renewal and an application for the renewal of a cleaning business licence.[15/2014]
Revocation and suspension of cleaning business licence
80J.—(1) Subject to subsections (3) and (4), the Director‑General may by order revoke any cleaning business licence if he or she is satisfied that —(a) the cleaning business licensee has ceased to carry on a cleaning business in Singapore;[Act 5 of 2023 wef 01/07/2023] (b) the cleaning business licensee has gone or is likely to go into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction;[Act 5 of 2023 wef 01/07/2023] (c) the cleaning business licensee no longer satisfies the requirements for a cleaning business licence referred to in section 80G(4)(a);[Act 5 of 2023 wef 01/07/2023] (d) the cleaning business licensee had, in connection with the application for the grant or renewal of its cleaning business licence, furnished false or misleading information in a material particular, or its cleaning business licence had been obtained by fraud or misrepresentation;[Act 5 of 2023 wef 01/07/2023] (e) a circumstance which the Director‑General becomes aware of would have required or permitted the Director‑General to refuse to grant or renew the cleaning business licensee’s cleaning business licence, had the Director‑General been aware of the circumstance immediately before granting or renewing the cleaning business licence;[Act 5 of 2023 wef 01/07/2023] (f) any part of the progressive wage plan in respect of the cleaning business licensee’s cleaning business does not comply with the prescribed requirements;[Act 5 of 2023 wef 01/07/2023] (g) the cleaning business licensee has contravened any requirement or other provision of this Part or has been convicted of an offence under this Part;[Act 5 of 2023 wef 01/07/2023] (h) the cleaning business licensee has, on or after 1 April 2014, contravened any requirement or provision of Part 3 of the Employment Act 1968 relating to the payment of salary, or has been convicted of an offence under Part 3 of the Employment Act 1968 relating to the payment of salary, of any of its employees, whether or not cleaners;[Act 5 of 2023 wef 01/07/2023] (i) the cleaning business licensee has failed to comply with any notice, direction or order issued under this Part by the Director‑General or any authorised officer;[Act 5 of 2023 wef 01/07/2023] (j) the cleaning business licensee has failed to pay any fine for any offence under this Part, or any financial penalty, charge or fee charged or imposed under this Part;[Act 5 of 2023 wef 01/07/2023] (k) the cleaning business licensee has failed to comply with any condition of its cleaning business licence; or[Act 5 of 2023 wef 01/07/2023] (l) it is in the public interest to revoke the cleaning business licence.[15/2014] (2) Subject to subsection (3), where the Director‑General considers that one or more events referred to in subsection (1) have occurred, but the event or events are not of sufficient gravity to revoke a cleaning business licence, the Director‑General may by order —(a) suspend the cleaning business licence for any period of time (not exceeding 6 months) that the Director‑General thinks fit; or (b) impose any other directions or restrictions that the Director‑General considers appropriate on the cleaning business licensee’s cleaning business in Singapore.[15/2014] [Act 5 of 2023 wef 01/07/2023] (3) The Director‑General must not exercise his or her powers under subsection (1) or (2) unless an opportunity of being heard (whether in writing or otherwise) had been given to the cleaning business licensee against whom the Director‑General intends to exercise his or her powers, being a period of not less than 3 days but not more than 14 days, after the Director‑General informs the cleaning business licensee of such intention.[15/2014] [Act 5 of 2023 wef 01/07/2023] (4) In addition, the Director‑General must not exercise his or her powers under subsection (1) or (2) in relation to a cleaning business licensee for failing to comply with the licence condition referred to in section 80H(1)(b) unless the Director‑General has first consulted the Commissioner for Labour.[15/2014] [Act 5 of 2023 wef 01/07/2023] (5) Where the Director‑General has by order revoked a cleaning business licence under subsection (1) or made any order under subsection (2) in respect of a cleaning business licence, he or she must, without delay, serve on the cleaning business licensee concerned a notice of the order.[15/2014] [Act 5 of 2023 wef 01/07/2023] (6) Subject to subsections (7) and (8), an order under subsection (1) or (2) by the Director‑General revoking or suspending a cleaning business licence or imposing restrictions on the cleaning business licensee’s cleaning business does not take effect until the expiry of 14 days after the notice under subsection (5) has been served on the cleaning business licensee.[15/2014] [Act 5 of 2023 wef 01/07/2023] (7) Any cleaning business licensee or former cleaning business licensee who is aggrieved by any order of the Director‑General revoking or suspending its cleaning business licence or imposing directions or restrictions on its cleaning business may, within 14 days after the notice under subsection (5) has been served on the cleaning business licensee or former cleaning business licensee, appeal to the Minister whose decision is final.[15/2014] [Act 5 of 2023 wef 01/07/2023] (8) Where the cleaning business licensee or former cleaning business licensee concerned has appealed under subsection (7) to the Minister against any order of the Director‑General under subsection (1) or (2), the order does not take effect until it is confirmed by the Minister or the appeal is for any reason dismissed by the Minister or withdrawn.[15/2014] [Act 5 of 2023 wef 01/07/2023] (9) Where an order of revocation or suspension of a cleaning business licence becomes effective, the cleaning business licensee or former cleaning business licensee concerned must cease to carry on cleaning business in Singapore except to the extent allowed by the Director‑General.[15/2014] [Act 5 of 2023 wef 01/07/2023] (10) Subsection (9) does not prejudice the enforcement by any person of any right or claim against the cleaning business licensee or former cleaning business licensee concerned or by the cleaning business licensee or former cleaning business licensee concerned against any person.[15/2014] [Act 5 of 2023 wef 01/07/2023]
Financial penalty
80K.—(1) Without prejudice to section 80J, where a cleaning business licensee fails to comply with any condition of its cleaning business licence including any modification to any condition made by the Director‑General under section 80H(10), the Director‑General may, in lieu of or in addition to the revocation or suspension of its cleaning business licence or imposition of directions or restrictions on the cleaning business licensee’s cleaning business under section 80J, impose a financial penalty of an amount, not exceeding $5,000, that the Director‑General thinks fit.[15/2014] [Act 5 of 2023 wef 01/07/2023] (2) The Director‑General must not exercise his or her powers under subsection (1) in relation to a cleaning business licensee for failing to comply with the licence condition mentioned in section 80H(1)(b) unless the Director‑General has first consulted the Commissioner for Labour.[15/2014] [Act 5 of 2023 wef 01/07/2023] (3) Any cleaning business licensee or former cleaning business licensee who is aggrieved by the imposition of any financial penalty by the Director‑General under subsection (1) may, within 14 days after the notice of the imposition has been served on the cleaning business licensee or former cleaning business licensee, appeal to the Minister whose decision is final.[15/2014] [Act 5 of 2023 wef 01/07/2023] (4) Any financial penalty imposed on any person under this section —(a) must be collected, and may be sued for and recovered, by the Agency; (b) is deemed to be a debt due to the Government for the purposes of section 397 of the Insolvency, Restructuring and Dissolution Act 2018 and section 10 of the Government Proceedings Act 1956; and (c) must be paid into the Consolidated Fund upon collection or recovery, and that person’s liability to pay is not affected by its cleaning business licence ceasing, for any reason, to be in force. [15/2014; 40/2018] (5) The Director‑General may, in any case in which he or she thinks fit, waive, remit or refund in whole or in part any financial penalty imposed under this section.[15/2014] (6) In any proceedings for the recovery of any financial penalty which any person is liable to pay, a certificate purporting to be under the hand of the Director‑General certifying the amount of the financial penalty that is payable by the person is prima facie evidence of the facts stated therein.[15/2014]
Changes to information submitted
80L. Every cleaning business licensee must notify the Director‑General of any change to —(a) information contained in the cleaning business licensee’s application for the grant or renewal of its cleaning business licence or any document accompanying the cleaning business licensee’s application;[Act 5 of 2023 wef 01/07/2023] (b) particulars of any progressive wage plan submitted by the cleaning business licensee under section 80F; or[Act 5 of 2023 wef 01/07/2023] (c) information the cleaning business licensee submitted to the Director‑General for the purposes of the cleaning business licensee’s application for the grant or renewal of its cleaning business licence,[Act 5 of 2023 wef 01/07/2023] no later than 14 days after the date of the change. [15/2014] [Act 5 of 2023 wef 01/07/2023]
Monitoring powers
80M.—(1) Subject to subsection (2), the Director‑General or any authorised officer appointed under section 3(2) may, for the purposes of the execution of this Part, by written notice —(a) require a cleaning business licensee to produce such records, accounts and documents kept by the cleaning business licensee in relation to —(i) the cleaning business licensee’s cleaning business; or (ii) the payment of remuneration to the cleaning business licensee’s cleaners, within such reasonable time as may be specified in the notice; [Act 5 of 2023 wef 01/07/2023] (b) inspect, examine and make copies of any such records, accounts and documents so produced; and (c) make any inquiry that may be necessary to ascertain whether the provisions of this Part are complied with.[15/2014] (2) Where the Director‑General or any authorised officer appointed under section 3(2) has received information or has reasonable cause to believe that an offence under this Part or a failure to comply with any condition of a cleaning business licence has occurred, or is occurring or about to occur, the Director‑General or authorised officer may exercise all or any of the powers referred to in subsection (1) without having to issue any notice in writing.[15/2014] (3) Where the records, accounts and documents mentioned in subsection (1) are kept in electronic form —(a) the power of the Director‑General or authorised officer in subsection (1)(a) to require any such records, accounts or documents to be produced for inspection includes power to require a copy of the records, accounts or documents to be made available for inspection in legible form and subsection (1)(b) applies accordingly in relation to any copy so made available; and (b) the power of the Director‑General or authorised officer under subsection (1)(b) to inspect any such records, accounts or documents includes power to require the cleaning business licensee or the person who produced the records, accounts or documents on behalf of the cleaning business licensee or (where the records, accounts or documents are kept at any premises) any person on those premises to give the Director‑General or authorised officer any assistance that the Director‑General or authorised officer may reasonably require to enable him or her to inspect and make copies of the records, accounts or documents in legible form or to make records of information contained in them.[15/2014] [Act 5 of 2023 wef 01/07/2023] (4) Any person who fails, without reasonable excuse, to comply with any requirement imposed under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.[15/2014]
Register of cleaning business licensees
80N.—(1) The Director-General must keep and maintain a register in which must be entered such particulars of the cleaning business licensees as the Director‑General may determine.[15/2014] [Act 5 of 2023 wef 01/07/2023] (2) Where the cleaning business licence of any cleaning business licensee has been suspended or revoked or has expired, the Director‑General may —(a) remove the particulars of the cleaning business licensee from the register; or[Act 5 of 2023 wef 01/07/2023] (b) indicate against the particulars of the cleaning business licensee in the register the fact of the suspension, revocation or expiry of the licence, as the case may be.[15/2014] [Act 5 of 2023 wef 01/07/2023] [Act 5 of 2023 wef 01/07/2023]
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