Application of Part 3 and Parts 5 to 9, etc.
Open ↗77A.—(1) Part 3 and Parts 5 to 9 apply in relation to a platform operator, platform worker and platform work association as they apply in relation to an employer, an employee and a trade union, with the following modifications:(a)
the sections in the second column of the following table (called the applicable section) apply in lieu of the sections in the first column (called the replaced section), and any reference in any other written law to a replaced section is to be read as a reference to the applicable section:First column
Replaced section
Second column
Applicable section
(i)
35(2) to (11)
77B
(ii)
42
77C
(iii)
50
77D
(iv)
51
77E
(v)
52
77F
(vi)
54
77G
(vii)
80
77H
(viii)
82
77I
(ix)
83
77J;
(b)
in sections 17(1), (2), (4) and (5), 18(1), 19, 20, 21, 26, 27, 31(a), 38, 39, 40(1), 41, 43, 44, 45 and 48, any reference in the first column of the following table is to be read as the corresponding reference in the second column of the table:First column
Reference
Second column
Corresponding reference
(i)
an employer
a platform operator
(ii)
an employee
a platform worker
(iii)
a trade union
a platform work association
(iv)
a trade union of employees
a platform work association of platform workers
(v)
a representative of an employer
a representative of a platform operator
(vi)
a representative of a trade union
a representative of a platform work association;
(c)
the following provisions do not apply to and in relation to platform operators, platform workers and platform work associations:Sections 16(a), 17(3) and (7), 18(2), 25(6), 31(b), (c) and (d), 33, 34(1)(b) and (c) and (2), 36, 79(2) and 81.
(2) Parts 4 and 4A do not apply to and in relation to platform operators, platform workers and platform work associations.[Act 30 of 2024 wef 01/01/2025]
Division 2 — Provisions relating to awards for platform workers and platform operators
Disputes relating to termination of platform work agreements
Open ↗77B.—(1) A Court is not to consider a dispute relating to the termination of a platform work agreement or make an award relating to the resumption of a platform worker’s provision of a platform service for a platform operator except in circumstances arising out of a contravention of section 77I.
(2) Despite subsection (1), where a platform worker considers that his platform work agreement with his platform operator has been terminated without just cause or excuse by that platform operator, in circumstances other than those arising out of a contravention of section 77I, he may, within one month of such termination, make, through his platform work association, written representations to the Minister to resume providing a platform service for that platform operator.
(3) The Minister may, before making a decision on any such representations, by writing under his hand request the Commissioner to inquire into the termination and report whether in the Commissioner’s opinion the termination is without just cause or excuse.
(4) If the Minister decides to deal with the representations himself, the Minister must, before making a decision on such representation, give an opportunity to the platform operator to make written representations as to why the platform operator considered the termination of the platform agreement with the platform worker to be justified.
(5) If, after considering the representations of the platform work association and of the platform operator (if any) and any report made by the Commissioner under subsection (3), the Minister is satisfied that the platform work agreement has been terminated without just cause or excuse, the Minister may, despite any rule of law or agreement to the contrary, direct the platform operator —(a)
to allow the platform worker to resume providing a platform service for the platform operator and to pay the platform worker an amount that is equivalent to the earnings that the platform worker would have earned had his platform work agreement not been terminated by the platform operator; or
(b)
to pay such amount of earnings as compensation as may be determined by the Minister.
(6) The platform operator must comply with the direction of the Minister under subsection (5).
(7) The decision of the Minister on any representations made under this section is final and conclusive and is not to be challenged in any court or in a Court established under this Act.
(8) Any direction of the Minister under subsection (5) operates as a bar to any action for damages by the platform worker in any court in respect of the wrongful termination of the platform work agreement.
(9) A platform operator that fails to comply with the direction of the Minister under subsection (5) shall be guilty of an offence and shall be liable on conviction by a District Court to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
(10) Where an amount to be paid under subsection (5) is not paid in accordance with the direction of the Minister and the platform operator has been convicted of an offence under subsection (9), the amount, or so much thereof as remains unpaid, is recoverable by a District Court as if it were a fine and the amount so recovered must be paid to the platform worker entitled under the direction.[Act 30 of 2024 wef 01/01/2025]
Contents of award
Open ↗77C. In making an award in relation to a trade dispute relating to platform operators and platform workers, a Court —(a)
is not to be restricted to the specific relief claimed by the parties or to the demands made by the parties in the course of the trade dispute but may include in the award any matter or thing which it thinks expedient for the purpose of settling the trade dispute or of preventing further trade disputes and may in fixing earnings or other remuneration give effect to its decision by prescribing deductibles, commission rates or fees to be paid by platform operators to platform workers or by such other prescription as it considers appropriate; and
(b)
may include provisions requiring a platform operator bound by the award to keep records relating to platform workers entitled to the benefit of the award and prescribing the form of such records and the information to be recorded.[Act 30 of 2024 wef 01/01/2025]
Exhibition of award
Open ↗77D.—(1) A platform operator bound by an award must cause true copies of the award and of all orders varying the award, or true copies of the award as varied from time to time, to be —(a)
exhibited and kept exhibited —(i)
at or near the entrance to any premises of the platform operator; and
(ii)
at any other place to which platform workers of the platform operator have access as the award may specify,
in such a position as to be conspicuous to and easily read by the platform workers; and
(b)
published and made available to the platform workers, in any manner or by any means as the award may specify that is conspicuous to and easily read by the platform workers.
(2) A platform operator that contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction by a Magistrate’s Court to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.[Act 30 of 2024 wef 01/01/2025]
Contracts contrary to award
Open ↗77E. A platform operator or a person acting as an agent for a platform operator that makes a contract or an agreement for a platform worker to provide a platform service for the platform operator on terms and conditions less favourable to the platform worker than the terms and conditions of an award binding on the platform operator and platform worker shall be guilty of an offence and shall be liable on conviction by a District Court to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.[Act 30 of 2024 wef 01/01/2025]
Breach of award
Open ↗77F.—(1) Any platform work association or person bound by an award that has committed any breach or non‑observance of any term of an award shall be guilty of an offence and shall be liable on conviction by a Magistrate’s Court to a fine not exceeding —(a)
in the case of a platform work association or platform operator — $5,000;
(b)
in the case of an officer of a platform work association — $1,000; and
(c)
in any other case — $1,000.
(2) Where in any proceedings against a platform operator under this section it appears to the Magistrate’s Court that a platform worker who has provided a platform service for that platform operator has not been paid an amount which the platform worker is entitled to be paid as earnings or otherwise in accordance with an award, that Court may —(a)
order the platform operator to pay to the platform worker the amount due to that platform worker either in a lump sum or by instalments; and
(b)
fix the date or dates on which the lump sum or instalments are to be paid.
(3) Where an amount or instalment ordered to be paid under subsection (2) is not paid on the date fixed by the order, the amount or so much of that amount as then remains unpaid is immediately recoverable as if it were a fine and the amount so recovered must be paid to the platform worker entitled under the order.[Act 30 of 2024 wef 01/01/2025]
Commissioner’s power to inquire into complaints
Open ↗77G.—(1) The Commissioner may —(a)
inquire into and decide any dispute between a platform worker and a platform operator bound by an award as to the platform worker’s entitlement to any payment by way of earnings or otherwise in accordance with the award; and
(b)
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.
(2) The provisions of the Employment Act 1968 relating to appeals from decisions and orders of the Commissioner under Part 15 of that Act and the mode of procedure for the making and hearing of claims under that Part and the joining of claims, subject to the modifications set out in subsection (11), shall apply to decisions, orders and claims made under this section.
(3) No fees are to be charged by the Commissioner in respect of processes issued by the Commissioner under this section.
(4) All orders made by the Commissioner, even though the same may in respect of the amount or value be in excess of its ordinary jurisdiction, are to be enforced by a District Court in the same manner as a judgment of that Court and all necessary processes may be served by that Court on behalf of the Commissioner.
(5) No sale of immovable property for the purposes of such enforcement is to be ordered except by the General Division of the High Court.
(6) If any person complains to the Commissioner that an order made under subsection (1) has not been complied with —(a)
the Commissioner must take such action as is appropriate for the enforcement of the order; and
(b)
no court fees or deposits are chargeable in the first instance in respect of the enforcement of the order but the same are to be paid by the person against whom the order is enforced.
(7) Where —(a)
any person complains to the Minister, the Parliamentary Secretary to the Minister or to the Commissioner that a platform work association or person bound by an award has committed a breach or non‑observance of any term of an award;
(b)
the Minister, the Parliamentary Secretary to the Minister or the Commissioner has reason to believe that such a breach or non‑observance has occurred; or
(c)
the Minister, the Parliamentary Secretary to the Minister or the Commissioner wishes to inquire into any matter for which provision is made by an award or any dispute as to such matter,
the Minister, the Parliamentary Secretary to the Minister or the Commissioner may summon any other person who he has reason to believe can give information respecting the matter.
(8) The person summoned under subsection (7) is legally bound to attend at the time and place specified in the summons and to answer truthfully all questions which the Minister, the Parliamentary Secretary to the Minister or the Commissioner may put to that person.
(9) Any person who in any way wilfully obstructs the service of or obedience to such summons, and any person summoned who neglects to attend as required by such summons, and any person who commits in respect of any such inquiry or complaint any offence described in Chapter 10 of the Penal Code 1871 shall be punished as provided in that Chapter.
(10) If, upon inquiry under subsection (7), the Commissioner is informed by the Minister or by the Parliamentary Secretary to the Minister or is of the opinion that a breach or non‑observance of any term of an award has been committed, the Commissioner has the same powers to institute proceedings as he has under Part 15 of the Employment Act 1968 upon inquiry under that Part and the provisions of that Act relating to proceedings instituted by him under that Act, subject to the modifications in subsection (11), apply to and in relation to proceedings instituted by him under this subsection.
(11) For the purposes of subsections (2) and (10), in the provisions of the Employment Act 1968 mentioned in those subsections, any reference mentioned in the first column of the following table is to be read as the corresponding reference in the second column of the table:First column
Reference
Second column
Corresponding reference
(a)
an employer
a platform operator
(b)
an employee
a platform worker
(c)
a member of a trade union
a member of a platform work association
(d)
an officer of a trade union
an officer of a platform work association.
[Act 30 of 2024 wef 01/01/2025]
Platform operators not to discriminate against members of platform work associations
Open ↗77H. Any platform operator that, in the engagement of persons to provide a platform service for the platform operator, discriminates against a person by reason of the circumstance that the person —(a)
is or proposes to become an officer or a member of a platform work association or an association that has applied to be registered as a platform work association;
(b)
will, if engaged, be entitled to the benefit of a collective agreement or an award; or
(c)
has appeared as a witness, or has given any evidence, in any proceeding under this Act,
shall be guilty of an offence and shall be liable on conviction by a District Court to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
[Act 30 of 2024 wef 01/01/2025]
Injuring platform worker on account of industrial action
Open ↗77I.—(1) A platform operator must not —(a)
terminate or threaten to terminate a platform work agreement with a platform worker;
(b)
cease or threaten to cease assigning to or facilitating for a platform worker, or prevent or threaten to prevent a platform worker from receiving or obtaining, any tasks to be performed in the provision of a platform service for the platform operator; or
(c)
reduce, restrict or limit or threaten to reduce, restrict or limit —(i)
the earnings of a platform worker from providing a platform service for the platform operator;
(ii)
the nature, quantity or value of any benefits that a platform worker receives or may receive, or is or may be entitled to, in relation to the platform worker’s provision of a platform service for the platform operator; or
(iii)
the platform worker’s ability to receive or accrue any earnings mentioned in sub‑paragraph (i) or any benefits mentioned in sub‑paragraph (ii),
by reason of the circumstance that the platform worker —
(d)
is, or proposes to become, an officer or a member of a platform work association or an association that has applied to be registered as a platform work association;
(e)
is entitled to the benefit of a collective agreement or an award;
(f)
has appeared or proposes to appear as a witness, or has given or proposes to give any evidence, in any proceedings under this Act;
(g)
being a member of a platform work association which is seeking to improve working conditions, is dissatisfied with such working conditions; or
(h)
is a member of a platform work association which has served a notice under section 18(1), as modified by section 77A, or which is a party to negotiations under this Act or to a trade dispute which has been notified to the Registrar in accordance with Part 3, as modified by section 77A.
(2) A platform operator that contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction by a District Court to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
(3) Where a platform operator has been convicted of an offence punishable under subsection (2), the District Court by which the platform operator is convicted may —(a)
order that the platform operator pay to the platform worker the amount of any earnings lost by the platform worker; and
(b)
direct that the platform operator —(i)
where the platform operator has terminated the platform work agreement with the platform worker — enter into a new platform work agreement with the platform worker; or
(ii)
in any other case — cease or not take any action mentioned in subsection (1)(a), (b) or (c) specified in the charge against the platform operator.
(4) Where an amount or instalment ordered to be paid under subsection (3) is not paid on the date fixed by the order, the amount or so much of that amount as then remains unpaid is immediately recoverable as if it were a fine and the amount so recovered must be paid to the platform worker entitled under the order.
(5) A platform operator that fails to comply with a direction given under subsection (3) shall be guilty of an offence and shall be liable on conviction by a District Court to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
(6) Nothing in this section is to be construed as prohibiting a Court from inquiring into the termination of a platform work agreement between a platform operator and a platform worker where the termination is allegedly in contravention of this section, or the resumption of the provision of a platform service by that platform worker for that platform operator, before any proceedings have commenced in a District Court.[Act 30 of 2024 wef 01/01/2025]
Injuring platform operator on account of industrial action
Open ↗77J. A platform worker who ceases to provide a platform service for a platform operator by reason of the circumstance that the platform operator —(a)
is an officer or a member of a platform work association or an association that has applied for registration as a platform work association;
(b)
is entitled to the benefit of a collective agreement or an award; or
(c)
has appeared as a witness, or has given any evidence, in a proceeding under this Act,
shall be guilty of an offence and shall be liable on conviction by a Magistrate’s Court to a penalty not exceeding $1,000.
[Act 30 of 2024 wef 01/01/2025]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
