Employment Act 1968

Sections (154)

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• § 1 — Short title

  1. This Act is the Employment Act 1968.

• § 10 — Notice of termination of contract

  10.—(1) Either party to a contract of service may at any time give to the other party notice of the firstmentioned party’s intention to terminate the contract of service.(2) The length of the notice must be the same for both employer and employee and is to be determined by any provision made for the

• § 101 — Offence

  101.—(1) Any employer who —(a) wilfully refuses or without lawful excuse (the proof of which is to lie on the employer) neglects to furnish the particulars or information required within the time allowed for furnishing the particulars and information, or to furnish the particulars and information in

• § 102 — Returns not to be published or disclosed

  102.—(1) Any return of particulars or information or part of a return furnished, or answer to any question put, for the purposes of this Act must not, without the previous written consent of the person having the control, management or superintendence of the profession, business, trade or work in re

• § 103 — Powers of Commissioner and inspecting officers

  103.—(1) The Commissioner or any inspecting officer has, for the purposes of this Act, power to do all or any of the following:(a) to enter and search, by day or by night, any premises or part thereof when he or she has reasonable cause to believe that evidence of the commission of an offence under

• § 104 — Notice to employer by Commissioner or inspecting officer of inspection or visit

  104. On entering any place of employment under section 103, the Commissioner or the inspecting officer must notify the employer or the employer’s representative of his or her presence unless he or she considers that such a notification may be prejudicial to the efficient performance of his or her du

• § 105 — Power to arrest without warrant

  105.—(1) Any inspecting officer may arrest without warrant any person whom the inspecting officer reasonably suspects —(a) is committing or has committed an offence under section 21, 22 or 23 read with section 34; or (b) has abetted the commission of any offence mentioned in paragraph (a).[26/2013]

• § 105A — How to arrest

  105A.—(1) In making an arrest, an inspecting officer making the arrest must touch or confine the body of the person to be arrested unless the person submits to arrest by word or action.[26/2013] (2) If the person forcibly resists or tries to evade arrest, the inspecting officer may use all means nec

• § 105B — No unnecessary restraint

  105B.—(1) The person arrested must not be subjected to more restraint than is necessary to prevent his or her escape.[26/2013] (2) An inspecting officer may use handcuffs or any similar means of restraint on a person arrested to prevent him or her from —(a) inflicting any bodily injury to himself, h

• § 105C — Search of persons arrested

  105C.—(1) When a person is arrested, the inspecting officer making the arrest may search the person and take possession of all articles (other than necessary wearing apparel) found upon the person that the inspecting officer has reason to believe were connected with the offence for which the person

• § 105D — Inspecting officer to be armed

  105D. Every inspecting officer must be provided with such batons and accoutrements as may be necessary for the effective discharge of his or her duties.[26/2013]

• § 105E — Power to seize offensive weapons

  105E. An inspecting officer making any arrest may take from the person arrested any offensive weapons which that person has about his or her person.[26/2013]

• § 105F — Power on escape to pursue and arrest

  105F. If a person in lawful custody escapes or is rescued, the inspecting officer from whose custody that person escaped or was rescued may immediately pursue and arrest that person in any place within Singapore and deal with him or her as the officer might have done on the original arrest.[26/2013]

• § 106 — Inspecting officer not to reveal secrets

  106. A person must not, except in the performance of his or her duties, reveal any manufacturing or commercial secrets which may at any time come to his or her knowledge in the course of his or her duty as an inspecting officer.

• § 106A — Disposal of documents, articles, etc.

  106A.—(1) Any document, article or thing that the Commissioner or an inspecting officer takes possession of under this Part must —(a) where the document, article or thing is produced in any criminal trial, be dealt with in accordance with section 364 of the Criminal Procedure Code 2010; and (b) in

• § 107 — Offence

  107. Any person who —(a) without reasonable excuse, neglects or refuses to produce any document or article as required under section 103; (b) makes to the Commissioner or an inspecting officer exercising the powers under section 103 a statement, either orally or in writing, which is false in a mate

• § 107A — Calculation of gross and basic rates of pay of employee employed on monthly rate or piece rates

  107A.—(1) The gross rate of pay per day of an employee employed on a monthly rate or on piece rates is to be calculated in accordance with the second column of the Third Schedule.(2) The basic rate of pay per day of an employee employed on a monthly rate or on piece rates is to be calculated in acco

• § 108 — Wrongful detention of employee

  108. Any employer who without reasonable excuse, the proof of which is to lie on the employer, refuses to allow an employee whose contract of service has been determined in any of the ways provided in this Act to leave the employer’s service shall be guilty of an offence and shall be liable on convi

• § 109 — Employee not answerable for debt, default or miscarriage of another

  109. An employee is not bound, by virtue of any contract of service under this Act, to answer for the debt, default or miscarriage of any other person.

• § 11 — Termination of contract without notice

  11.—(1) Either party to a contract of service may terminate the contract of service without notice or, if notice has already been given in accordance with section 10, without waiting for the expiry of that notice, by paying to the other party a sum equal to the amount of salary at the gross rate of

• § 110 — Obstruction of employee by employer

  110. Any employer or other person who in any way obstructs any employee in appearing before the Commissioner pursuant to this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.

• § 111 — Punishment for obstruction

  111. Any person who wilfully obstructs or impedes any entry, inspection, inquiry or investigation made under this Act for which no penalty is expressly provided shall be guilty of an offence.

• § 112 — Penalties

  112. Any person who is guilty of any breach or any offence under this Act for which no penalty is otherwise provided shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both, and for a subsequent offence under the same section to a

• § 112A — Abetment of offences

  112A. Any person who abets the commission of an offence under this Act shall be guilty of the offence and shall be liable on conviction to be punished with the punishment provided for that offence.[26/2013]

• § 113 — Penalty for fraudulently inducing employee to emigrate

  113. Any person who by force, intoxication or ill-treatment, intimidation or fraud, or by means of false representations, induces or attempts to induce any person to enter into a contract of service to work beyond the limits of Singapore shall be guilty of an offence and shall be liable on convictio

• § 113A — Offences by bodies corporate, etc.

  113A.—(1) Where an offence under this Act committed by a body corporate is proved —(a) to have been committed with the consent or connivance of an officer of the body corporate; or (b) to be attributable to any neglect on the officer’s part, the officer as well as the body corporate shall be guilt

• § 114 — Power to compound offences

  114. The Commissioner may compound any such offence under this Act as may be prescribed as being an offence which may be compounded by accepting from the person reasonably suspected of committing that offence a sum not exceeding $5,000.[26/2013]

• § 115 — Commissioner’s power to inquire into complaints

  115.—(1) Subject to this section, the Commissioner may inquire into and decide any dispute between an employee and his or her employer or any person liable under the provisions of this Act to pay any salary due to the employee where the dispute arises out of any term in the contract of service betwe

• § 116 — Prohibiting order by Commissioner to third party

  116.—(1) Whenever the Commissioner has made an order under section 115 against any employer or any person liable for the payment of any sum of money to any workman or subcontractor for labour and after inquiry finds that there exists between that employer or person liable and some other person a con

• § 117 — Right of appeal

  117.—(1) Where any person interested is dissatisfied with the decision or order of the Commissioner, the person may, within 14 days after the decision or order, appeal to the General Division of the High Court from the decision or order.[2/2012; 40/2019] (2) The procedure governing any such appeal t

• § 118 — Fees and enforcement of orders

  118.—(1) No fees other than a registration fee in accordance with the rates specified in the Second Schedule are to be charged by the Commissioner in respect of processes issued by the Commissioner under this Part and all orders made by the Commissioner, even though they may in respect of the amount

• § 119 — Procedure for making and hearing claims

  119.—(1) The mode of procedure for the making and hearing of claims is as follows:(a) the person claiming must lodge a memorandum at the office of the Commissioner, specifying shortly the subject matter of the claim and the remedy sought to be obtained, or the person may make a claim in person to th

• § 12 — Contractual age

  12.—(1) Despite any other written law, a person below 18 years of age is, subject to the provisions of this Act, competent to enter into a contract of service.(2) No contract of service as an employee is enforceable against a person below 18 years of age and no damages or indemnity are recoverable f

• § 120 — Representation before Commissioner

  120. In proceedings before the Commissioner, a party —(a) being an employee and a member of a trade union that has been given recognition under Part 3 of the Industrial Relations Act 1960 by the employer of the employee, may be represented by an officer of the trade union; and (b) being an employer

• § 121 — Joining of claims

  121.—(1) In proceedings under this Part where it appears to the Commissioner that there are more employees or subcontractors for labour than one having a common claim or similar claims against the same employer or person liable, it is not necessary for each of them to make a separate claim under thi

• § 122 — Jurisdiction of courts not affected

  122. Nothing in this Part limits or affects the jurisdiction of any court.

• § 123 — No division of claims

  123. No claim is to be divided and pursued in separate proceedings before the Commissioner for the sole purpose of bringing the sum claimed in each of such proceedings within the jurisdiction of this Act.[26/2013]

• § 124 — Investigations of complaints and offences

  124.—(1) Whenever —(a) the Minister, the Parliamentary Secretary to the Minister, the Permanent Secretary to the Ministry of Manpower, the Commissioner or an inspecting officer (each called in this section a relevant authority) has reasonable grounds for believing that an offence under this Act has

• § 125 — Procedure after inquiry

  125.—(1) If upon an inquiry under section 124 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 the Commissioner considers necessary under the circumstances and where the proceedings arise from

• § 126 — Costs of proceedings

  126. No court fees are chargeable in the first instance on any proceedings commenced by an employee or a subcontractor for labour or by the Commissioner on behalf of the employee or the subcontractor for labour, against the employee’s employer or other person liable under this Act but, in case a con

• § 126A — Civil contraventions

  126A. The following contraventions are declared to be civil contraventions for the purposes of this Act:(a) a failure by an employer to comply with section 95(1), 95A(2) or 96(1); (aa) a failure, by an employer to whom a notification under section 96A applies, to comply with any requirement in the

• § 126B — Payment of administrative penalty

  126B.—(1) An authorised officer may issue a contravention notice to an employer requiring the employer to pay an administrative penalty of the prescribed amount, for —(a) each occasion of an alleged failure by the employer to comply with section 95(1), 95A(2) or 96(1) with respect to any one employe

• § 126C — Appeal, etc.

  126C.—(1) Any employer who is issued a contravention notice by an authorised officer under section 126B(1) (called in this section the initial authorised officer) may —(a) within the prescribed period and in accordance with the prescribed procedure, request for an internal reconsideration of the con

• § 126D — Directions

  126D.—(1) In lieu of or in addition to giving an employer a contravention notice under section 126B, an authorised officer may —(a) issue such directions to the employer as the authorised officer thinks appropriate to bring the civil contravention to an end; and (b) where necessary, require the emp

• § 127 — Officers to be public servants

  127. For the purposes of this Act and of the Penal Code 1871, the Commissioner, every other officer appointed or acting under this Act, and every authorised person (when carrying out any function or duty of the Commissioner) are deemed to be public servants within the meaning of the Penal Code 1871.

• § 127A — Protection from personal liability

  127A. No liability shall lie against any person appointed under section 3 or any other person acting under the direction of the Commissioner for anything which is done with reasonable care and in good faith in the execution or purported execution of this Act.[26/2013]

• § 128 — Place of employment deemed to be public place

  128. For the purposes of section 14(1) of the Liquor Control (Supply and Consumption) Act 2015, every place of employment is deemed to be a public place.[5/2015]

• § 129 — Jurisdiction of Magistrates’ and District Courts

  129.—(1) Subject to any special provision to the contrary 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 the Commis

• § 13 — When contract deemed to be broken by employer and employee

  13.—(1) An employer is deemed to have broken the employer’s contract of service with the employee if the employer fails to pay salary in accordance with Part 3.(2) An employee is deemed to have broken the employee’s contract of service with the employer if the employee is absent from work for more t

• § 130 — Right to hearing

  130. The Commissioner and any officer authorised by the Commissioner in writing have the right to appear and be heard before a Magistrate’s Court or a District Court in any proceedings under this Act and also have the right to be heard before those Courts in any prosecution under Chapter 16 of the P

• § 131 — Onus of proof

  131. In all proceedings under Part 15, the onus of proving that a person is not the employer or the person whose duty it is under this Act to do or abstain from doing anything is on the person who alleges that the person is not the employer or other person, as the case may be.

• § 132 — Civil proceedings not barred

  132. Nothing in this Act operates to prevent any employer or employee from enforcing the employer’s or employee’s respective civil rights and remedies for any breach or non‑performance of a contract of service by any suit in court in any case in which proceedings are not instituted, or, if institute

• § 133 — Power to deal with evidence taken down by another officer

  133. Where the Commissioner or any officer performing the duties or exercising the powers conferred on the Commissioner has, for the purpose of inquiring into any matter under this Act, taken down any evidence or made any memorandum and is prevented by death, transfer or other cause from concluding

• § 134 — Application of fines

  134. When under this Act any court imposes a fine or enforces the payment of any sum secured by a recognizance or bond, the court may direct that the whole or any part of the fine or sum when recovered be paid to the party complaining, or where the offence was committed by an employer in respect of

• § 135 — Imprisonment to be in discharge of fine, compensation, etc.

  135. Subject to any special provision to the contrary in this Act, from and after the determination of any imprisonment suffered under this Act for non-payment of the amount of any fine, compensation or damages, with the costs assessed and directed to be paid by any order of court, the amount so ord

• § 136 — Recovery of money as fines

  136. In the event of any employer being subjected to any fine or penalty (but not an administrative penalty under Part 15A) under the provisions of this Act, the fine or penalty may, in addition to any other means of recovery, be recovered by distress and sale of the place of employment, or of any p

• § 137 — Service of requisitions and summons

  137.—(1) Any requisition issued under section 98 or 99 or any summons issued under section 116, 119 or 124 may be served on any person —(a) by delivering it to the person or to some adult member of his or her family at his or her last known place of residence; (b) by leaving it at or sending it by

• § 138 — Power to make reciprocal provisions with Malaysia for service, execution and enforcement of summonses, warrants and orders

  138. If the Minister is satisfied that arrangements have been or will be made under any legislation in force in Malaysia for the service, execution or enforcement in Malaysia of summonses, warrants or orders issued or made under this Act, the Minister may, by regulations made under this Act —(a) pre

• § 139 — Power to make regulations

  139.—(1) The Minister may, in addition to the powers expressly conferred by any other provisions of this Act, make regulations for carrying out the purposes of this Act.(2) In particular and without limiting subsection (1), the regulations may —(a) prescribe the circumstances and conditions under wh

• § 14 — Dismissal

  14.—(1) An employer may after due inquiry dismiss without notice an employee employed by the employer on the grounds of misconduct inconsistent with the fulfilment of the express or implied conditions of the employee’s service, except that instead of dismissing an employee an employer may —(a) insta

• § 140 — Amendment of Schedules

  140.—(1) The Minister may, by order in the Gazette, amend any of the Schedules.[55/2018] (2) The Minister may, in an order under subsection (1), make such provisions of a saving or transitional nature consequent to the enactment of that order as the Minister may consider necessary or expedient.[55/2

• § 15 — Termination by employee threatened by danger

  15. An employee may terminate his or her contract of service with his or her employer without notice where the employee or the employee’s dependant is immediately threatened by danger to the person by violence or disease that the employee did not by his or her contract of service undertake to run.

• § 16 — Liability on breach of contract

  16. Subject to anything in the contract of service to the contrary, the party who breaks the contract of service is liable to pay to the other party a sum equal to the amount the firstmentioned party would have been liable to pay under section 11 had the firstmentioned party terminated the contract

• § 17 — Contract of service not to restrict rights of employees to join, participate in or organise trade unions

  17. Subject to any other written law for the time being in force, nothing in any contract of service restricts, in any way, the right of any employee who is a party to such contract —(a) to join a registered trade union; (b) to participate in the activities of a registered trade union, whether as a

• § 18 — Change of employer

  18.—(1) If by or under any written law 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 counts as a period of employment wit

• § 18A — Transfer of employment

  18A.—(1) If an undertaking (whether or not it is an undertaking established by or under any written law) or part thereof is transferred from one person to another —(a) such transfer does not operate to terminate the contract of service of any person employed by the transferor in the undertaking or p

• § 19 — Offence

  19. Any employer who enters into a contract of service or collective agreement contrary to the provisions of this Part shall be guilty of an offence.

• § 2 — Interpretation

  2.—(1) In this Act, unless the context otherwise requires —“approved medical institution” means a hospital, clinic, healthcare establishment or other medical institution which the Minister, by notification in the Gazette, declares as an approved medical institution; “authorised officer” means any p

• § 20 — Fixation of salary period

  20.—(1) An employer may fix periods (called for the purpose of this Act salary periods) in respect of which salary earned is payable.(2) A salary period must not exceed one month. (3) In the absence of a salary period so fixed, the salary period is deemed to be one month. —(1) An employer may fix

• § 20A — Computation of salary for incomplete month’s work

  20A.—(1) If a monthly-rated employee has not completed a whole month of service because —(a) he or she commenced employment after the first day of the month; (b) his or her employment was terminated before the end of the month; (c) he or she took leave of absence without pay for one or more days o

• § 21 — Time of payment

  21.—(1) Salary earned by an employee under a contract of service, other than additional payments for overtime work, must be paid before the expiry of the 7th day after the last day of the salary period in respect of which the salary is payable.(2) Additional payments for overtime work must be paid n

• § 22 — Payment on dismissal

  22. Subject to the provisions of this Act, the total salary and any sum due to an employee who has been dismissed must be paid on the day of dismissal or, if this is not possible, within 3 days thereafter, not being a rest day or public holiday or other holiday.[32/2008]

• § 23 — Payment on termination by employee

  23.—(1) Subject to the provisions of this Act, the total salary due to an employee who terminates his or her contract of service with his or her employer under section 11, or after giving due notice to the employer as required under section 10, must be paid to the employee on the day on which the co

• § 24 — Income tax clearance

  24.—(1) Despite sections 22 and 23, no payment of salary or any other sum due to an employee on termination of service is to be made to the employee by the employer without the permission of the Comptroller of Income Tax under section 68(7) of the Income Tax Act 1947.[32/2008] (2) The employer must

• § 25 — Payment to be made during working hours

  25.—(1) Payment of salary must be made on a working day and during working hours at the place of work or at any other place agreed to between the employer and the employee.(2) Subsection (1) does not apply where the salary is paid into an account with a bank in Singapore, being an account in the nam

• § 26 — No unauthorised deductions to be made

  26.—(1) No deduction is to be made by an employer from the salary of an employee, unless the deduction is authorised by or under any provision of this Act or is required to be made —(a) by order of a court or other authority competent to make such order; (b) pursuant to a declaration made by the Co

• § 27 — Authorised deductions

  27.—(1) The following deductions may be made from the salary of an employee:(a) deductions for absence from work; (b) deductions for damage to or loss of goods expressly entrusted to an employee for custody or for loss of money for which an employee is required to account, where the damage or loss

• § 28 — Deductions for absence

  28.—(1) Deductions may be made under section 27(1)(a) only on account of the absence of an employee from the place where, by the terms of his or her employment, he or she is required to work, the absence being for the whole or any part of the period during which he or she is so required to work.(2)

• § 29 — Deductions for damages or loss

  29.—(1) A deduction under section 27(1)(b) must 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 Commissioner’s permission, must not in any case exceed one‑quarter (or such other proportion prescribed in substitution b

• § 3 — Appointment of officers

  3.—(1) The Minister may appoint an officer as the Commissioner for Labour (called in this Act the Commissioner) and also one or more officers as Deputy Commissioner for Labour, Principal Assistant Commissioner for Labour or Assistant Commissioner for Labour, who, subject to such limitations as may b

• § 30 — Deductions for accommodation, amenity and service

  30.—(1) [Deleted by Act 55 of 2018](2) Any deduction under section 27(1)(d) or (e) must not exceed an amount equivalent to the value of the house accommodation, amenity or service supplied, and the total amount of all deductions under section 27(1)(d) and (e) made from an employee’s salary by his or

• § 31 — Recovery of advances and loans

  31.—(1) The recovery of an advance of money made to an employee before the commencement of a contract of service is to begin from the first payment of salary in respect of a completed salary period, but no recovery may be made of any such advance made for travelling expenses.(2) Advances may be reco

• § 32 — Deductions not to exceed prescribed limit

  32.—(1) The total amount of all deductions made from an employee’s salary by an employer in any one salary period, other than deductions under section 27(1)(a), (f) or (j), must not exceed 50% (or such other percentage prescribed in substitution by the Minister) of the salary payable to the employee

• § 33 — Priority of salary to other debts

  33.—(1) This section applies —(a) to workmen who are in receipt of a salary not exceeding $4,500 a month (excluding overtime payments, bonus payments, annual wage supplements, productivity incentive payments and any allowance however described) or such other amount as the Minister may prescribe; and

• § 34 — Offence

  34.—(1) Any employer who fails to pay salary in accordance with the provisions of this Part shall be guilty of an offence.[26/2013] (2) Any employer who is guilty of an offence under subsection (1) for contravening section 21, 22 or 23 shall be liable on conviction —(a) to a fine of not less than $3

• § 35 — Application of this Part to certain workmen and other employees

  35. The provisions of this Part apply —(a) to workmen who are in receipt of a salary not exceeding $4,500 a month (excluding overtime payments, bonus payments, annual wage supplements, productivity incentive payments and any allowance however described) or such other amount as the Minister may presc

• § 36 — Rest day

  36.—(1) Every employee must be allowed in each week a rest day without pay of one whole day which must be Sunday or such other day as the employer may determine from time to time.(2) The employer may substitute any continuous period of 30 hours as a rest day for an employee engaged in shift work. (

• § 37 — Work on rest day

  37.—(1) Subject to section 38(2) or 40(2A), an employee must not be compelled to work on a rest day unless he or she is engaged in work which by reason of its nature requires to be carried on continuously by a succession of shifts.(1A) In the event of any dispute, the Commissioner has power to decid

• § 38 — Hours of work

  38.—(1) Except as hereinafter provided, an employee must not be required under his or her contract of service to work —(a) more than 6 consecutive hours without a period of leisure; (b) more than 8 hours in one day or more than 44 hours in one week: Provided that — (c) an employee who is engaged

• § 39 — Task work

  39. Nothing in this Part prevents any employer from agreeing with any employee that the employee’s salary be paid at an agreed rate in accordance with the task, that is, the specific amount of work required to be performed, and not by the day or by the piece.

• § 4 — Rules and orders

  4. The Minister may make rules and orders for the conduct of the duties of officers under this Act.

• § 40 — Shift workers, etc.

  40.—(1) Despite section 38(1), an employee who is engaged under his or her contract of service in regular shift work or who has otherwise consented in writing to work in accordance with the hours of work specified in this section may be required to work more than 6 consecutive hours, more than 8 hou

• § 41 — Interpretation of “week” for purposes of sections 36, 38 and 40

  41. In sections 36, 38 and 40, “week” means a continuous period of 7 days commencing at midnight on Sunday.

• § 41A — Power to exempt

  41A.—(1) The Commissioner may, after considering the operational needs of the employer and the health and safety of the employee or class of employees, by written order exempt an employee or any class of employees from sections 38(1), (5) and (8) and 40(3) subject to such conditions as the Commissio

• § 45 — Payment of retrenchment benefit

  45. No employee who has been in continuous service with an employer for less than 2 years is entitled to any retrenchment benefit on his or her dismissal on the ground of redundancy or by reason of any reorganisation of the employer’s profession, business, trade or work.[26/2013]

• § 46 — Retirement benefit

  46. No employee who has been in continuous service with an employer for less than 5 years is entitled to any retirement benefit other than the sums payable under the Central Provident Fund Act 1953 on the cessation of his or her service with the employer.

• § 47 — Priority of retirement benefits, etc.

  47.—(1) Where a collective agreement or an award contains a provision for the payment of a gratuity or other sum of money to an employee on his or her retirement or on the termination of his or her services under such circumstances as may be provided for in the collective agreement or award, the gra

• § 48 — Payment of annual wage supplement or other variable payment

  48.—(1) Where a contract of service or collective agreement made before 26 August 1988 provides for the payment by the employer of any annual wage supplement, annual bonus or annual wage increase, the payments continue to be payable by the employer until the employer and the employer’s employees or

• § 49 — Power of Minister to make recommendations for wage adjustments

  49. The Minister may make recommendations for wage adjustment, and upon the publication of the recommendations in the Gazette the employer and the employer’s employees or a trade union representing the employer’s employees may negotiate based on those recommendations.

• § 5 — Minister may restrict application

  5. The Minister may, by notification in the Gazette, declare that this Act or any Part or provisions thereof does not apply to any premises or class of premises specified in the notification.

• § 50 — Interpretation for purposes of sections 48 and 49

  50.—(1) Where a notice is served under section 18 of the Industrial Relations Act 1960 by an employer or a trade union representing the employer’s employees in respect of any matter referred to in sections 48 and 49 and no agreement is reached between the parties, either party may, despite the provi

• § 52 — Power to suspend application of this Part

  52. The Minister may, by notification in the Gazette, suspend the application of any of the provisions of this Part to any classes of employees when the public interest so requires it.

• § 53 — Offence

  53. Any employer who employs any person as an employee contrary to the provisions of this Part or fails to pay any salary in accordance with the provisions of this Part shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000, and for a second or subsequent offe

• § 54 — Agreements to pay salary otherwise than in legal tender illegal

  54. The salary of a workman must be payable in legal tender and not otherwise and if in any contract of service the whole or any part of the salary is made payable in any other manner the contract of service is illegal and void.

• § 55 — Agreements as to place and manner, etc., of spending salary illegal

  55. A contract of service must not contain any terms as to the place at which, or the manner in which, or the person with whom, any salary paid to the workman is to be expended and every contract of service containing such terms is illegal and void.

• § 56 — Salary to be paid entirely in legal tender

  56. Except where otherwise expressly permitted by the provisions of this Act, the entire amount of the salary earned by, or payable to, any workman in respect of any work done by him or her must be actually paid to him or her in legal tender, and every payment of, or on account of, any such salary m

• § 57 — Recovery of salary not paid in legal tender

  57. Every workman is entitled to recover in any court or before the Commissioner, acting under section 115, so much of his or her salary exclusive of sums lawfully deducted in accordance with the provisions of this Act as has not been actually paid to him or her in legal tender.

• § 58 — Interest on advances forbidden

  58. An employer must not make any deduction by way of discount, interest or any similar charge on account of any advance of salary made to any workman.

• § 59 — Remuneration other than salary

  59. Nothing in this Part renders illegal a contract of service with a workman for giving to the workman food, quarters or other allowances or privileges in addition to money salary as a remuneration for the workman’s services, but an employer must not give to a workman any noxious drugs or intoxicat

• § 6 — Existing law not affected

  6. Nothing in this Act operates to relieve any employer of any duty or liability imposed upon the employer by any other written law for the time being in force or to limit any powers given to any public officer by any other written law.

• § 60 — Shops and canteens

  60.—(1) Nothing in this Part prevents the employer from establishing or permitting to be established a shop or a canteen for the sale of foodstuffs, provisions, meals or refreshments; but a workman must not be compelled by any contract of service to purchase any goods at that shop or canteen, and no

• § 61 — Offence

  61. Any employer who enters into any contract of service or gives any remuneration for service contrary to the provisions of this Part or declared by this Part to be illegal or receives any payment from any workman contrary to the provisions of this Part or contravenes section 60(2) shall be guilty

• § 63 — Payment of salary through bank

  63.—(1) Nothing in section 54 or 56 operates so as to render unlawful or invalid any payment of salary by the employer to the workman in any of the following ways:(a) payment into an account at a bank in Singapore, being an account in the name of the workman or an account in the name of the workman

• § 64 — Limitations on application of this Part

  64. Nothing in this Part applies to any body of persons working on an agreement of cooperation.

• § 65 — Liability of principals, contractors and subcontractors for salary of workman

  65.—(1) Where a principal, in the course of or for the purposes of or in pursuance of or in furtherance of the interests of the principal’s 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 und

• § 66 — Registration of contractors and subcontractors

  66.—(1) The Minister may, by notification in the Gazette, require all contractors and subcontractors to be registered with the Commissioner and thereafter a person must not act as a contractor or a subcontractor unless the person is so registered.(2) Every application for such registration must be i

• § 66A — Part-time employees

  66A.—(1) In this Part, “part-time employee” means an employee who is required under his or her contract of service with an employer to work for less than 35 hours a week.(2) Despite subsection (1), the Minister may, by notification in the Gazette, declare that any employee or class of employees are

• § 66B — Minister may exclude or modify Act in relation to part-time employees

  66B. The Minister may by regulations exclude or modify any or all of the provisions of this Act in their application to any part‑time employee or class of part‑time employees.

• § 67 — Minister may apply Act to domestic workers

  67. The Minister may, by notification in the Gazette, apply all or any of the provisions of this Act with such modification as may be set out in the notification to all domestic workers or to any group, class or number of domestic workers and may make regulations to provide generally for the engagem

• § 67A — Interpretation of this Part

  67A. In this Part —“child” means a person who has not completed his or her 15th year of age; “young person” means a person who has completed his or her 15th year of age but who has not completed his or her 16th year of age.

• § 68 — Restriction on employment of children

  68.—(1) A person must not employ a child in an industrial or a non‑industrial undertaking except as provided for in subsections (2) and (3).(2) A child may be employed in an industrial undertaking in which only members of the same family are employed. (3) A child who is 13 years of age or above may

• § 69 — Restriction on employment of young persons

  69. A young person must not be employed in any industrial undertaking which the Minister by notification in the Gazette declares to be an industrial undertaking in which a young person must not be employed.

• § 70 — Conditions of employment

  70. The Minister may by regulations made under this Act prescribe the conditions upon which a child or young person may be employed in any industrial or non‑industrial undertaking.

• § 71 — Minimum rates of salary may be prescribed

  71.—(1) If it is shown to the satisfaction of the Minister, upon the application of the Commissioner and after such inquiry as the Minister may direct, that the salaries of children or young persons, or both, employed in any industry or for any particular work or in any area are insufficient, having

• § 72 — Approved employment

  72.—(1) Sections 68 and 69 do not apply —(a) to the employment of children and young persons —(i) in work approved and supervised by the Ministry of Education or the Institute of Technical Education, Singapore; and (ii) carried on in any technical, vocational or industrial training school or instit

• § 73 — Regulations regulating employment

  73. The Minister may make regulations for regulating the employment of children in any occupation and a child or young person must not be employed as a workman under any circumstances or under any conditions which may be prohibited by the Minister by regulations made under this Act.

• § 74 — Offence

  74. Any person who employs a child or young person in contravention of the provisions of this Part or any of the regulations made under this Part and any parent or guardian who knowingly or negligently suffers or permits such employment shall be guilty of an offence and shall be liable on conviction

• § 75 — Power of Youth Court in respect of children or young persons requiring care or protection

  75. A child or young person in respect of whom any of the offences mentioned in this Part has been committed may be brought before a Youth Court and the Court, if satisfied that the child or young person requires care or protection, may exercise with respect to that child or young person all or any

• § 76 — Length of benefit period

  76.—(1) Subject to this section, every female employee is entitled to absent herself from work —(a) during —(i) the period of 4 weeks immediately before her confinement; and (ii) the period of 8 weeks immediately after her confinement; (b) during a period of 12 weeks, as agreed to by her and her e

• § 77 — Payments to include holidays, etc.

  77.—(1) The payment referred to in section 76 must be paid for every day of the benefit period, including holidays, but not any day during the benefit period on which the female employee takes no‑pay leave.[27/2015] (2) Nothing in this section requires an employer to pay to a female employee an extr

• § 78 — When payment is to be made

  78.—(1) In the case of a female employee who is a daily‑rated employee, the payment referred to in section 76 must be paid in 2 instalments, the first for the period up to and including the day of confinement, to be paid within 7 days from the date of confinement, and the second, for the period afte

• § 79 — Payment of benefit on death of female employee before confinement

  79.—(1) If a female employee, after giving notice to her employer under section 80(1), abstains from work in expectation of her confinement and dies from any cause before her confinement, the employer must pay to the person nominated by her under section 80(4) or, if there is no such person, to her

• § 8 — Illegal terms of contract of service

  8. Every term of a contract of service which provides a condition of service which is less favourable to an employee than any of the conditions of service prescribed by this Act is illegal and void to the extent that it is so less favourable.

• § 80 — Notice of confinement

  80.—(1) A female employee must, at least one week before absenting herself from work in accordance with section 76, give notice to her employer specifying the date on which she intends to commence absenting herself from work.(2) A female employee who has been confined must, as soon as practicable, i

• § 81 — Dismissal during absence prohibited

  81. Without affecting sections 84 and 84A, when a female employee absents herself from work in accordance with the provisions of this Part it is not lawful for her employer to give her notice of dismissal during her absence or on such a day that the notice will expire during her absence.

• § 82 — Employment after confinement

  82. Any employer who knowingly employs a female employee at any time during the period of 4 weeks immediately following her confinement shall be guilty of an offence.

• § 83 — Forfeiture of payment

  83. If a female employee works for any other employer after she has absented herself from work under the provisions of this Part, she forfeits her claim to any payment to which she is entitled under this Part and is liable to dismissal.

• § 84 — Right to benefit unaffected by notice of dismissal given without sufficient cause

  84.—(1) Without affecting sections 81 and 84A, a notice of dismissal given without sufficient cause by an employer to a female employee which —(a) if given before 1 May 2013, is given —(i) within a period of 6 months preceding the estimated delivery date for her confinement (as certified by a medica

• § 84A — Right to benefit unaffected by notice of dismissal given on ground of redundancy or by reason of reorganisation of employer’s profession, business, trade or work

  84A.—(1) Without affecting sections 81 and 84, a notice of dismissal given to a female employee by her employer on the ground of redundancy or by reason of any reorganisation of her employer’s profession, business, trade or work —(a) if given before 1 May 2013, is given —(i) within a period of 3 mon

• § 86 — Contracting out

  86. Any contract of service whereby a female employee relinquishes any right to maternity benefit under this Part is void insofar as it purports to deprive her of that right or to remove or reduce the liability of any employer to make any payment under this Part.

• § 87 — Offences and penalties

  87.—(1) Any employer who —(a) fails, without reasonable cause, to grant maternity leave under this Part to a female employee who is entitled to and requests for the leave; (b) fails to pay the employer’s female employee in accordance with any of the provisions of this Part (other than section 87A);

• § 87A — Childcare leave for parent

  87A.—(1) Subject to subsection (2), where any employee —(a) has served an employer for a period of not less than 3 months; and (b) has any child below 7 years of age at any time during any relevant period, the employee is entitled to childcare leave of 2 days for that relevant period. (2) An empl

• § 88 — Holidays

  88.—(1) Every employee is entitled to a paid holiday at his or her gross rate of pay on a public holiday that falls during the time that he or she is employed, subject to the following:(a) by agreement between the employer and the employee any other day or days may be substituted for any one or more

• § 88A — Annual leave

  88A.—(1) An employee who has served an employer for a period of not less than 3 months is, in addition to the rest days, holidays and sick leave to which the employee is entitled under sections 36, 88 and 89, respectively, entitled to the following:(a) 7 days of paid annual leave, for the first 12 m

• § 89 — Sick leave

  89.—(1) Any employee who has served an employer for a period of not less than 6 months is entitled, after examination by a medical practitioner, to such paid sick leave, as may be certified by the medical practitioner, not exceeding in the aggregate —(a) if no hospitalisation is necessary, 14 days i

• § 9 — Termination of contract

  9.—(1) A contract of service for a specified piece of work or for a specified period of time, unless otherwise terminated in accordance with the provisions of this Part, terminates when the work specified in the contract is completed or the period of time for which the contract was made has expired.

• § 90 — Offence

  90.—(1) Any employer who employs any person as an employee contrary to the provisions of this Part or fails to pay any salary in accordance with the provisions of this Part shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000, and for a second or subsequent

• § 95 — Employers’ obligation in relation to employee records

  95.—(1) An employer must make, and keep for the period prescribed (called in this section the record retention period), employee records containing the prescribed particulars for —(a) every employee the employer employs; and (b) every former employee of the employer.[27/2015] (2) An employer must

• § 95A — Employers’ obligation to give record of key employment terms

  95A.—(1) This section only applies to, and in relation to, every employee —(a) who enters into a contract of service with the employer on or after 1 April 2016; and (b) who is employed under that contract for a period not shorter than the prescribed minimum period of service.[27/2015] (2) An emplo

• § 96 — Employers’ obligation in relation to pay slips

  96.—(1) Subject to subsection (2), an employer must give —(a) to every employee of the employer a pay slip, within the time prescribed for giving pay slips, for all salary paid by the employer for the salary period or salary periods to which the pay slip relates; and (b) to every employee a pay sli

• § 96A — Employer’s obligation to furnish information on retrenchment of employees

  96A.—(1) The Commissioner may, by notification in the Gazette, require any employer, or any employer in a class of employers, to furnish to the Commissioner, at such time and in such form as may be specified in the notification, such information on the retrenchment of any employee by the employer as

• § 97 — Returns

  97.—(1) 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 the Commissioner may approve giving the particulars and information

• § 98 — Commissioner may call for further returns

  98.—(1) The Commissioner may give written notice to any employer, when and as often as the Commissioner thinks necessary, requiring the employer to furnish within a reasonable time stated in the notice fuller or further returns respecting any matter as to which a return is required under this Act or

• § 99 — Power to call for returns, books, etc.

  99. For the purpose of obtaining full information in respect of any employer’s employees, the Commissioner may give written notice to such person requiring that person, within the time stated in the notice, to complete and deliver to the Commissioner any return specified in the notice and in additio