PART IV
REST DAYS, HOURS OF WORK AND OTHER CONDITIONS OF SERVICE
Application of this Part to certain workmen and other employees
35.  The provisions of this Part shall 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 may be prescribed by the Minister; and
(b)to every employee (other than a workman or a person employed in a managerial or an executive position) who receives a salary not exceeding $2,600 a month (excluding any overtime payment, bonus payment, annual wage supplement, productivity incentive payment and any allowance however described) or such other amount as the Minister may prescribe.
[Act 55 of 2018 wef 01/04/2019]
Rest day
36.—(1)  Every employee shall be allowed in each week a rest day without pay of one whole day which shall be Sunday or such other day as may be determined from time to time by the employer.
[36/95]
(2)  The employer may substitute any continuous period of 30 hours as a rest day for an employee engaged in shift work.
(3)  Where in any week a continuous period of 30 hours commencing at any time before 6 p.m. on a Sunday is substituted as a rest day for an employee engaged in shift work, such rest day shall be deemed to have been granted within the week notwithstanding that the period of 30 hours ends after the week.
[21/84]
(4)  Where the rest day of an employee is determined by his employer, the employer shall prepare or cause to be prepared a roster before the commencement of the month in which the rest days fall informing the employee of the days appointed to be his rest days therein.
Work on rest day
37.—(1)  Subject to section 38(2) or 40(2A), no employee shall be compelled to work on a rest day unless he is engaged in work which by reason of its nature requires to be carried on continuously by a succession of shifts.
[32/2008]
(1A)  In the event of any dispute, the Commissioner shall have power to decide whether or not an employee is engaged in work which by reason of its nature requires to be carried on continuously by a succession of shifts.
(2)  An employee who at his own request works for an employer on a rest day shall be paid for that day —
(a)if the period of work does not exceed half his normal hours of work, a sum at the basic rate of pay for half a day’s work;
(b)if the period of work is more than half but does not exceed his normal hours of work, a sum at the basic rate of pay for one day’s work; or
(c)if the period of work exceeds his normal hours of work for one day —
(i)a sum at the basic rate of pay for one day’s work; and
(ii)a sum at the rate of not less than one and a half times his hourly basic rate of pay for each hour or part thereof that the period of work exceeds his normal hours of work for one day.
[36/95]
(3)  An employee who at the request of his employer works on a rest day shall be paid for that day —
(a)if the period of work does not exceed half his normal hours of work, a sum at the basic rate of pay for one day’s work;
(b)if the period of work is more than half but does not exceed his normal hours of work, a sum at the basic rate of pay for 2 days’ work; or
(c)if the period of work exceeds his normal hours of work for one day —
(i)a sum at the basic rate of pay for 2 days’ work; and
(ii)a sum at the rate of not less than one and a half times his hourly basic rate of pay for each hour or part thereof that the period of work exceeds his normal hours of work for one day.
[36/95]
(3A)  In this section —
(a)“normal hours of work” means the number of hours of work (not exceeding the limits applicable to an employee under section 38 or 40, as the case may be) that is agreed between an employer and an employee to be the usual hours of work per day; or in the absence of any such agreement, shall be deemed to be 8 hours a day; and
(b)an employee’s “hourly basic rate of pay” is to be calculated in the same manner as for the purpose of calculating payment due to an employee under section 38 for working overtime.
[36/95]
(4)  Subsection (3) shall not apply to any employee who is employed by the Government or a statutory body in any of the essential services as defined under Part III of the Criminal Law (Temporary Provisions) Act (Cap. 67), but any such employee who at the request of his employer works on a rest day or part thereof shall be given a day or part of a day off, as the case may be, in substitution for such a rest day or part thereof.
Hours of work
38.—(1)  Except as hereinafter provided, an employee shall not be required under his 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 —
(i)an employee who is engaged in work which must be carried on continuously may be required to work for 8 consecutive hours inclusive of a period or periods of not less than 45 minutes in the aggregate during which he shall have the opportunity to have a meal;
(ii)where, by agreement under the contract of service between the employee and the employer, the number of hours of work on one or more days of the week is less than 8, the limit of 8 hours in one day may be exceeded on the remaining days of the week, but so that no employee shall be required to work for more than 9 hours in one day or 44 hours in one week;
(iii)where, by agreement under the contract of service between the employee and the employer, the number of days on which the employee is required to work in a week is not more than 5 days, the limit of 8 hours in one day may be exceeded but so that no employee shall be required to work more than 9 hours in one day or 44 hours in one week; and
(iv)where, by agreement under the contract of service between the employee and the employer, the number of hours of work in every alternate week is less than 44, the limit of 44 hours in one week may be exceeded in the other week, but so that no employee shall be required to work for more than 48 hours in one week or for more than 88 hours in any continuous period of 2 weeks.
[21/84]
(2)  An employee may be required by his employer to exceed the limit of hours prescribed in subsection (1) and to work on a rest day, in the case of —
(a)accident, actual or threatened;
(b)work, the performance of which is essential to the life of the community;
(c)work essential for defence or security;
(d)urgent work to be done to machinery or plant;
(e)an interruption of work which it was impossible to foresee; or
(f)work to be performed by employees in any industrial undertaking essential to the economy of Singapore or any of the essential services as defined under Part III of the Criminal Law (Temporary Provisions) Act (Cap. 67).
(3)  In the event of any dispute, the Commissioner shall have power to decide whether or not the employer is justified in calling upon the employee to work in the circumstances specified in subsection (2)(f).
(4)  If an employee at the request of the employer works —
(a)more than 8 hours in one day except as provided in paragraphs (ii) and (iii) of the proviso to subsection (1), or more than 9 hours in one day in any case specified in those paragraphs; or
(b)more than 44 hours in one week except as provided in paragraph (iv) of the proviso to subsection (1), or more than 48 hours in any one week or more than 88 hours in any continuous period of 2 weeks in any case specified in that paragraph,
he shall be paid for such extra work at the rate of not less than one and a half times his hourly basic rate of pay irrespective of the basis on which his rate of pay is fixed.
[21/84; 36/95]
(5)  An employee shall not be permitted to work overtime for more than 72 hours a month.
(6)  For the purpose of calculating under subsection (4) the payment due for overtime to an employee referred to in the first column of the Fourth Schedule, the employee’s hourly basic rate of pay shall be determined in accordance with the second column of the Fourth Schedule.
[Act 26 of 2013 wef 01/04/2014]
(7)  The Minister may make regulations for the purpose of calculating the payment due for overtime to an employee employed on piece rates.
(8)  Except in the circumstances described in subsection (2)(a), (b), (c), (d) and (e), no employee shall under any circumstances work for more than 12 hours in any one day.
(9)  This section shall not apply to employees engaged in the fire services or in work which by its nature involves long hours of inactive or stand-by employment.
Task work
39.  Nothing in this Part shall prevent any employer from agreeing with any employee that the salary of the employee shall 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.
Shift workers, etc.
40.—(1)  Notwithstanding section 38(1), an employee who is engaged under his 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 hours in any one day or more than 44 hours in any one week but the average number of hours worked over any continuous period of 3 weeks shall not exceed 44 hours per week.
[21/84]
(2)  No consent given by an employee under this section shall be valid unless this section and section 38 have been explained to the employee and the employee has been informed of the times at which the hours of work begin and end, the number of working days in each week and the weekly rest day.
[21/84]
(2A)  An employee to whom this section applies may be required by his employer to exceed the limit of hours prescribed in subsection (1) and to work on a rest day, in the case of —
(a)accident, actual or threatened;
(b)work, the performance of which is essential to the life of the community;
(c)work essential for defence or security;
(d)urgent work to be done to machinery or plant;
[Act 26 of 2013 wef 01/04/2014]
(e)an interruption of work which it was impossible to foresee; or
[32/2008]
[Act 26 of 2013 wef 01/04/2014]
(f)work to be performed by employees in any industrial undertaking essential to the economy of Singapore or any of the essential services as defined under Part III of the Criminal Law (Temporary Provisions) Act (Cap. 67).
[Act 26 of 2013 wef 01/04/2014]
(3)  Except in the circumstances described in subsection (2A)(a), (b), (c), (d) and (e), no employee to whom this section applies shall under any circumstances work for more than 12 hours in any one day.
[21/84; 32/2008]
(4)  Section 38(4) shall not apply to any employee to whom this section applies, but any such employee who at the request of his employer works more than an average of 44 hours per week over any continuous period of 3 weeks shall be paid for such extra work in accordance with section 38(4).
[21/84]
Interpretation of “week” for purposes of sections 36, 38 and 40
41.  For the purposes of sections 36, 38 and 40, “week” shall mean a continuous period of 7 days commencing at midnight on Sunday.
[21/84]
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 order in writing exempt an employee or any class of employees from sections 38(1), (5) and (8) and 40(3) subject to such conditions as the Commissioner thinks fit.
[36/95; 41/2004]
(2)  The Commissioner may, after considering the operational needs of an employer and the interests of an employee or a class of employees, by order in writing, direct that the entitlement to be paid for extra work under section 37(2) or (3), 38(4), 40(4) or 88(4) shall not apply to that employee or class of employees, subject to such conditions as the Commissioner thinks fit.
[41/2004; 32/2008]
(3)  Where the Commissioner —
(a)exempts an employee or any class of employees from section 38(1), (5) or (8) or 40(3); or
(b)directs that the entitlement to be paid for extra work under section 37(2) or (3), 38(4), 40(4) or 88(4) shall not apply to an employee or any class of employees,
the employer shall display the order or a copy thereof conspicuously in the place where the employee or class of employees are employed.
[41/2004; 32/2008]
Holidays
42.  [Repealed by Act 32 of 2008]
43.  [Repealed by Act 55 of 2018 wef 01/04/2019]
Sick Leave
44.  [Repealed by Act 32 of 2008]
Payment of retrenchment benefit
45.  No employee who has been in continuous service with an employer for less than 2 years shall be entitled to any retrenchment benefit on his dismissal on the ground of redundancy or by reason of any reorganisation of the employer’s profession, business, trade or work.
[32/2008]
[Act 26 of 2013 wef 01/04/2015]
Retirement benefit
46.  No employee who has been in continuous service with an employer for less than 5 years shall be entitled to any retirement benefit other than the sums payable under the Central Provident Fund Act (Cap. 36) on the cessation of his service with the employer.
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 retirement or on the termination of his services under such circumstances as may be provided for in the collective agreement or award, the gratuity or other sum of money which is due and owing to the employee shall be included among —
(a)the debts which, under section 328 of the Companies Act (Cap. 50), are to be paid in priority to all other unsecured debts in the winding up of a company and that gratuity or sum of money shall rank after the preferential debts referred to in that section;
(b)the debts which, under section 90 of the Bankruptcy Act (Cap. 20), are to be paid in priority to all other debts in the distribution of the property of a bankrupt or of a person dying insolvent.
[15/95]
(2)  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 retirement and no provision is made for the payment of a gratuity or other sum of money on the termination of the employee’s services by reason of his employer ceasing to carry on business for whatever reason, or by reason of the employer transferring the whole or part of his undertaking or property, as the case may be, every such collective agreement or award shall, notwithstanding anything contained in any written law or rule of law or collective agreement or award to the contrary, be deemed to contain a provision that in the event of the employer ceasing to carry on business for whatever reason or transferring the whole or part of his undertaking or property, as the case may be, an employee who ceases to be employed by the employer by reason of the happening of such a contingency shall be paid such sum of money as he would have been entitled to receive under the terms of the collective agreement or award if he had retired from the service of the employer on the day the employer ceases to carry on business or transfers the whole or part of his undertaking or property, as the case may be.
[32/2008]
(3)  Subsection (2) shall not apply where an employer has set up a fund under a scheme for the payment of pensions, gratuities, provident fund or other superannuation benefits to his employees on their retirement from the service of the employer whereby under such scheme the benefits of the employees shall be safeguarded in the event of the bankruptcy of an employer or, if the employer is a company, on the winding up of the company or in the event of the employer ceasing to carry on business for any other reason or transferring the whole or part of his undertaking or property, as the case may be.
(4)  Any sum of money payable under subsection (2) shall, for the purposes of subsection (1), be deemed to be a payment to an employee on his retirement and shall be included among the debts referred to in subsection (1)(a) or (b).
(5)  For the purposes of this section —
“award” means an award made by the Industrial Arbitration Court under the provisions of the Industrial Relations Act (Cap. 136);
“collective agreement” means a collective agreement, a memorandum of which has been certified by the Industrial Arbitration Court in accordance with the provisions of the Industrial Relations Act.
Payment of annual wage supplement or other variable payment
48.—(1)  Where a contract of service or collective agreement made before 26th August 1988 provides for the payment by the employer of any annual wage supplement, annual bonus or annual wage increase, such payments shall continue to be payable by the employer until the employer and his employees or a trade union representing his employees have negotiated and agreed to vary such payments.
[21/88]
(2)  An employer and his employees or a trade union representing his employees may negotiate for and agree to a variable payment based on the trading results or productivity or on any other criteria agreed upon by the parties concerned.
[21/88]
(3)  Where an employer has not paid any annual wage supplement prior to 26th August 1988, any contract of service or collective agreement made on or after that date between the employer and his employees or a trade union representing his employees shall not contain a provision for the payment of an annual wage supplement exceeding the equivalent of one month’s wages of the employees.
[21/88]
(4)  Any person who, or any trade union of employees which, requests (whether orally or in writing) or invites negotiations for the payment by an employer of an annual wage supplement which is in excess of the amount specified in subsection (3) and any employer who pays an annual wage supplement exceeding the amount specified in subsection (3) shall be guilty of an offence.
(5)  Notwithstanding that an annual wage supplement may be payable under subsection (1) or (3), an employer may, in the event of exceptionally poor business results for any year, invite the employees or a trade union representing his employees to negotiate for a lower quantum of annual wage supplement or for no annual wage supplement to be paid for that year.
[21/88]
Power of Minister to make recommendations for wage adjustments
49.  The Minister may, from time to time, make recommendations for wage adjustment and upon the publication of such recommendations in the Gazette the employer and his employees or a trade union representing his employees may negotiate based on such recommendations.
[21/88]
Interpretation for purposes of sections 48 and 49
50.—(1)  Where a notice is served under section 18 of the Industrial Relations Act (Cap. 136) by an employer or a trade union representing his employees in respect of any matter referred to in sections 48 and 49 and no agreement is reached between the parties, either party may, notwithstanding the provisions of the Industrial Relations Act, refer the matter to the Industrial Arbitration Court established under the Industrial Relations Act for arbitration.
[21/88]
(2)  For the purposes of sections 48 and 49 —
“annual wage supplement” means a single annual payment to employees that is supplemental to the total amount of annual wages earned by them, whether expressed as a percentage thereof or otherwise;
“variable payment” means such payment, however expressed and whether paid annually or otherwise, which serves as an incentive to all employees to increase their productivity or as a reward for their contribution;
“wages” means the basic wages payable to an employee in respect of work done under his contract of service but does not include any commission, overtime allowance or other allowances payable to an employee.
[21/88]
Interpretation of “ordinary rate of pay”
51.  [Repealed by Act 36 of 1995]
Power to suspend application of Part IV
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.
Offence
53.—(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 offence to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
[21/84; 32/2008]
(2)  [Deleted by Act 32 of 2008]
(3)  [Deleted by Act 55 of 2018 wef 01/04/2019]