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 between the employee and his or her employer or out of any of the provisions of this Act, and pursuant to that decision may 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.(1A) The Commissioner must not inquire into or decide a dispute mentioned in subsection (1) unless —(a)
the dispute is of a type prescribed by regulations made under section 139; or
(b)
a claim is lodged under section 119, in relation to the dispute, before 1 April 2017.[21/2016]
(2) The Commissioner must not inquire into any dispute in respect of matters arising earlier than one year from the date of lodging a claim under section 119 or the termination of the contract of service of or by the person claiming under 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 section 119 within 6 months of the termination of the contract of service.
(2A) The Commissioner may direct the parties to a dispute mentioned in subsection (1) to attend a mediation conducted by an approved mediator (as defined in section 2(1) of the Employment Claims Act 2016) or a conciliation officer (as defined in section 2 of the Industrial Relations Act 1960).[21/2016]
(3) The powers of the Commissioner under subsection (1) include the power to hear and decide, in accordance with the procedure laid down in this Part, any claim by a subcontractor for labour (called in this subsection the claimant) against a contractor or subcontractor for any sum which the claimant claims to be due to the claimant in respect of any labour provided by the claimant under the claimant’s contract with the contractor or subcontractor and to make such consequential orders as may be necessary to give effect to the Commissioner’s decision.
(3A) Where the employee is employed in a managerial or an executive position, an order for the payment of money under subsection (1) must not exceed $20,000.[36/2010]
(3B) Subject to subsection (3C), any order made by the Commissioner under subsection (1) in the absence of a party concerned or affected by the order may be set aside or varied by the Commissioner, on the application of that party, on such terms as the Commissioner thinks just.[26/2013]
(3C) An application to set aside or vary an order made by the Commissioner referred to in subsection (3B) must be made no later than 14 days after the date of the order.[26/2013]
(4) In this section, “employer” includes the transferor and the transferee of an undertaking or part thereof referred to in section 18A.
—(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 between the employee and his or her employer or out of any of the provisions of this Act, and pursuant to that decision may 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.
(1A) The Commissioner must not inquire into or decide a dispute mentioned in subsection (1) unless —(a)
the dispute is of a type prescribed by regulations made under section 139; or
(b)
a claim is lodged under section 119, in relation to the dispute, before 1 April 2017.[21/2016]
(2) The Commissioner must not inquire into any dispute in respect of matters arising earlier than one year from the date of lodging a claim under section 119 or the termination of the contract of service of or by the person claiming under 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 section 119 within 6 months of the termination of the contract of service.
(2A) The Commissioner may direct the parties to a dispute mentioned in subsection (1) to attend a mediation conducted by an approved mediator (as defined in section 2(1) of the Employment Claims Act 2016) or a conciliation officer (as defined in section 2 of the Industrial Relations Act 1960).[21/2016]
(3) The powers of the Commissioner under subsection (1) include the power to hear and decide, in accordance with the procedure laid down in this Part, any claim by a subcontractor for labour (called in this subsection the claimant) against a contractor or subcontractor for any sum which the claimant claims to be due to the claimant in respect of any labour provided by the claimant under the claimant’s contract with the contractor or subcontractor and to make such consequential orders as may be necessary to give effect to the Commissioner’s decision.
(3A) Where the employee is employed in a managerial or an executive position, an order for the payment of money under subsection (1) must not exceed $20,000.[36/2010]
(3B) Subject to subsection (3C), any order made by the Commissioner under subsection (1) in the absence of a party concerned or affected by the order may be set aside or varied by the Commissioner, on the application of that party, on such terms as the Commissioner thinks just.[26/2013]
(3C) An application to set aside or vary an order made by the Commissioner referred to in subsection (3B) must be made no later than 14 days after the date of the order.[26/2013]
(4) In this section, “employer” includes the transferor and the transferee of an undertaking or part thereof referred to in section 18A.
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 contract in the course of the execution of which the workman or subcontractor for labour performed the work in respect of which the order has been made, the Commissioner may summon that other person and may make an order prohibiting that other person from paying to the employer or person liable and requiring that other person to pay to the Commissioner any money (not exceeding the amount found due to the workman or subcontractor for labour) admitted by that other person to be owing to the employer or person liable in respect of the contract.(2) Where that other person admits to the Commissioner in writing that money is owing by that other person under the contract to the employer or person liable, that other person need not be summoned before the Commissioner and the Commissioner may make such order in that other person’s absence.
(3) Where that other person is liable as a principal under section 65 to pay any salary due by the employer or person liable and where the money admitted by that other person to be owing to the employer or person liable is not sufficient to pay the whole of the salary, nothing in this subsection relieves that other person of that other person’s liability for the balance of the salary up to the amount for which that other person is liable under that section.
(4) Any person so summoned is 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 that person.
(5) The payment of any money pursuant to an order under subsection (1) is a discharge and payment up to the amount so paid of money due to the employer or person liable under the contract.
—(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 contract in the course of the execution of which the workman or subcontractor for labour performed the work in respect of which the order has been made, the Commissioner may summon that other person and may make an order prohibiting that other person from paying to the employer or person liable and requiring that other person to pay to the Commissioner any money (not exceeding the amount found due to the workman or subcontractor for labour) admitted by that other person to be owing to the employer or person liable in respect of the contract.
(2) Where that other person admits to the Commissioner in writing that money is owing by that other person under the contract to the employer or person liable, that other person need not be summoned before the Commissioner and the Commissioner may make such order in that other person’s absence.
(3) Where that other person is liable as a principal under section 65 to pay any salary due by the employer or person liable and where the money admitted by that other person to be owing to the employer or person liable is not sufficient to pay the whole of the salary, nothing in this subsection relieves that other person of that other person’s liability for the balance of the salary up to the amount for which that other person is liable under that section.
(4) Any person so summoned is 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 that person.
(5) The payment of any money pursuant to an order under subsection (1) is a discharge and payment up to the amount so paid of money due to the employer or person liable under the contract.
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 to the General Division of the High Court is as provided for in the Rules of Court.[2/2012; 40/2019]
—(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 to the General Division of the High Court is as provided for in the Rules of Court.[2/2012; 40/2019]
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 or value be in excess of the ordinary jurisdiction of the court, 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 the Court on the Commissioner’s behalf.(2) A sale of immovable property must not be ordered for the purposes of the enforcement, except by the General Division of the High Court.[40/2019]
—(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 or value be in excess of the ordinary jurisdiction of the court, 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 the Court on the Commissioner’s behalf.
(2) A sale of immovable property must not be ordered for the purposes of the enforcement, except by the General Division of the High Court.[40/2019]
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 the Commissioner who must immediately reduce it or cause it to be reduced in writing;
(b)
upon receipt of the memorandum or verbal claim and of the registration fee payable by the person in accordance with the rates specified in the Second Schedule, the Commissioner must summon in writing the party against whom the claim is made, giving reasonable notice to that party of the nature of the claim and the time and place at which the claim will be inquired into, and the Commissioner must also notify or summon all persons whose interests appear to the Commissioner likely to be affected by the proceedings;
(c)
the Commissioner may also summon such witnesses as either party may wish to call;
(d)
if the party against whom a claim is made wishes to make a counterclaim against the party claiming, the firstmentioned party must notify the Commissioner and the other party in writing of the nature and amount of the counterclaim not less than 3 days before the date of the inquiry;
(e)
at any time between the issuing of summons and the hearing of the claim, the Commissioner may hold or cause to be held a preliminary inquiry at which the party claiming and the party against whom the claim is made must be present after having been notified in writing of the inquiry;
(f)
at the preliminary inquiry the parties may amend or withdraw the whole claim or portion thereof, make a counterclaim or reach a settlement in respect of the claim;
(g)
if a settlement is effected at a preliminary inquiry in respect of a claim or portion thereof, the Commissioner must make an order recording the terms of the settlement and that order has effect as if it were an order made under paragraph (h);
(h)
at the time and place appointed the parties must attend and state their case before the Commissioner and may call evidence, and the Commissioner, having heard on oath or affirmation the statements and evidence and any other evidence which the Commissioner may consider necessary, must give his or her decision and make such order in the prescribed form as may be necessary for giving effect to the decision;
(i)
if any person interested has been duly summoned by the Commissioner to attend at the inquiry and makes default in so doing, the Commissioner may hear the claim and make his or her decision in that person’s absence even though the interest of that person may be prejudicially affected by the Commissioner’s decision;
(j)
the Commissioner must keep a case book, in which he or she is to enter notes of the evidence taken and the decisions arrived at in each case heard before him or her and must authenticate them by attaching his or her signature thereto, and the record in the case book is sufficient evidence of the giving of any decision, or of the making of any order, and of the terms thereof; and any person interested in a dispute, decision or order, is entitled to a copy of the record upon payment of the prescribed fee.
(2) In hearing claims or conducting proceedings under this Part, the Commissioner —(a)
is not bound to act in a formal manner or in accordance with the Evidence Act 1893 but may inform himself or herself on any matters in any manner that he or she thinks just; and
(b)
must act according to equity, good conscience and the merits of the case without regard to technicalities.
(3) All proceedings before the Commissioner are to be held in private.[26/2013]
—(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 the Commissioner who must immediately reduce it or cause it to be reduced in writing;
(b)
upon receipt of the memorandum or verbal claim and of the registration fee payable by the person in accordance with the rates specified in the Second Schedule, the Commissioner must summon in writing the party against whom the claim is made, giving reasonable notice to that party of the nature of the claim and the time and place at which the claim will be inquired into, and the Commissioner must also notify or summon all persons whose interests appear to the Commissioner likely to be affected by the proceedings;
(c)
the Commissioner may also summon such witnesses as either party may wish to call;
(d)
if the party against whom a claim is made wishes to make a counterclaim against the party claiming, the firstmentioned party must notify the Commissioner and the other party in writing of the nature and amount of the counterclaim not less than 3 days before the date of the inquiry;
(e)
at any time between the issuing of summons and the hearing of the claim, the Commissioner may hold or cause to be held a preliminary inquiry at which the party claiming and the party against whom the claim is made must be present after having been notified in writing of the inquiry;
(f)
at the preliminary inquiry the parties may amend or withdraw the whole claim or portion thereof, make a counterclaim or reach a settlement in respect of the claim;
(g)
if a settlement is effected at a preliminary inquiry in respect of a claim or portion thereof, the Commissioner must make an order recording the terms of the settlement and that order has effect as if it were an order made under paragraph (h);
(h)
at the time and place appointed the parties must attend and state their case before the Commissioner and may call evidence, and the Commissioner, having heard on oath or affirmation the statements and evidence and any other evidence which the Commissioner may consider necessary, must give his or her decision and make such order in the prescribed form as may be necessary for giving effect to the decision;
(i)
if any person interested has been duly summoned by the Commissioner to attend at the inquiry and makes default in so doing, the Commissioner may hear the claim and make his or her decision in that person’s absence even though the interest of that person may be prejudicially affected by the Commissioner’s decision;
(j)
the Commissioner must keep a case book, in which he or she is to enter notes of the evidence taken and the decisions arrived at in each case heard before him or her and must authenticate them by attaching his or her signature thereto, and the record in the case book is sufficient evidence of the giving of any decision, or of the making of any order, and of the terms thereof; and any person interested in a dispute, decision or order, is entitled to a copy of the record upon payment of the prescribed fee.
(2) In hearing claims or conducting proceedings under this Part, the Commissioner —(a)
is not bound to act in a formal manner or in accordance with the Evidence Act 1893 but may inform himself or herself on any matters in any manner that he or she thinks just; and
(b)
must act according to equity, good conscience and the merits of the case without regard to technicalities.
(3) All proceedings before the Commissioner are to be held in private.[26/2013]
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 may be represented by one of the employer’s employees,
but must not be represented by an advocate or solicitor or a paid agent.
[36/2010]
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 this Part, but the Commissioner may permit one or more of them to lodge a memorandum or make a claim and to attend and act on behalf of and generally to represent the others, and the Commissioner may proceed to adjudicate on the several or joint claim of each and every such employee or subcontractor for labour.(2) Where the Commissioner is of the opinion that the interest of the employer or person liable is or is likely to be prejudiced by the non‑attendance of any employee or subcontractor for labour, the Commissioner must require the personal attendance of the employee or subcontractor for labour.
—(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 this Part, but the Commissioner may permit one or more of them to lodge a memorandum or make a claim and to attend and act on behalf of and generally to represent the others, and the Commissioner may proceed to adjudicate on the several or joint claim of each and every such employee or subcontractor for labour.
(2) Where the Commissioner is of the opinion that the interest of the employer or person liable is or is likely to be prejudiced by the non‑attendance of any employee or subcontractor for labour, the Commissioner must require the personal attendance of the employee or subcontractor for labour.
Jurisdiction of courts not affected
122. Nothing in this Part limits or affects the jurisdiction of any court.
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]
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 been committed, or wishes to inquire 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
(b)
whenever any person complains to a relevant authority of any breach of any provision of this Act,
the relevant authority may summon any other person who the relevant authority has reason to believe can give information regarding the subject matter of the inquiry or complaint, and the person so summoned is legally bound to attend at the time and place specified in the summons to furnish information or documents, produce any article or give statements, and to answer truthfully all questions which the relevant authority may put to the person so summoned.
(2) Any person who in any way wilfully obstructs the service of or obedience to the summons, and any person summoned who neglects to attend as required in the summons shall be guilty of an offence.
(3) The Commissioner or inspecting officer has the power to report any failure by such person to attend as required by a summons under subsection (2) to a Magistrate, who may thereupon issue a warrant to secure the attendance of that person as required by the summons.
—(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 been committed, or wishes to inquire 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
(b)
whenever any person complains to a relevant authority of any breach of any provision of this Act,
the relevant authority may summon any other person who the relevant authority has reason to believe can give information regarding the subject matter of the inquiry or complaint, and the person so summoned is legally bound to attend at the time and place specified in the summons to furnish information or documents, produce any article or give statements, and to answer truthfully all questions which the relevant authority may put to the person so summoned.
(2) Any person who in any way wilfully obstructs the service of or obedience to the summons, and any person summoned who neglects to attend as required in the summons shall be guilty of an offence.
(3) The Commissioner or inspecting officer has the power to report any failure by such person to attend as required by a summons under subsection (2) to a Magistrate, who may thereupon issue a warrant to secure the attendance of that person as required by the summons.
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 a complaint made by an employee or a subcontractor for labour the Commissioner is to institute the proceedings for and in the name of the employee or subcontractor for labour.(2) In the event of there being more employees or subcontractors for labour than one making a similar complaint, the Commissioner may, if the Commissioner institutes civil proceedings for and in the name of those employees or subcontractors for labour, consolidate the complaint of all those employees or subcontractors for labour into one cause of action and the Commissioner is only required to take out one summons for and in the name of all those employees or subcontractors for labour in respect of such causes of action.
(3) Any court which would have jurisdiction to hear and determine separate suits based on such causes of action is competent to hear and determine such consolidated suit, even though the subject matter of the consolidated subject matter suit is in excess of the ordinary jurisdiction of that court.
(4) Judgment may be given without any amendment for such one or more of the claimants as may be found to be entitled to relief for such relief as one or more of them may be entitled to.[Act 25 of 2021 wef 01/04/2022]
—(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 a complaint made by an employee or a subcontractor for labour the Commissioner is to institute the proceedings for and in the name of the employee or subcontractor for labour.
(2) In the event of there being more employees or subcontractors for labour than one making a similar complaint, the Commissioner may, if the Commissioner institutes civil proceedings for and in the name of those employees or subcontractors for labour, consolidate the complaint of all those employees or subcontractors for labour into one cause of action and the Commissioner is only required to take out one summons for and in the name of all those employees or subcontractors for labour in respect of such causes of action.
(3) Any court which would have jurisdiction to hear and determine separate suits based on such causes of action is competent to hear and determine such consolidated suit, even though the subject matter of the consolidated subject matter suit is in excess of the ordinary jurisdiction of that court.
(4) Judgment may be given without any amendment for such one or more of the claimants as may be found to be entitled to relief for such relief as one or more of them may be entitled to.[Act 25 of 2021 wef 01/04/2022]
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 conviction is had or judgment is given against that employer or person liable, the court fees are to be paid by the employer or person liable together with the general costs of the proceedings.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
