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... Remuneration other than salary 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 intoxicating liquor by way of remuneration. ...

FOURTH SCHEDULE - Employee’s hourly basic rate of pay for calculation of payment due for overtime

...Section 38(6) Employee's hourly basic rate of pay for calculation of payment due for overtime First column Second column Type of employee Calculation of hourly basic rate of pay 1. A workman employed on a monthly rate of pay 12 × monthly basic rate of pay 52 × 44 2. A non-workman employed on a monthly basic rate of pay 12 × monthly basic rate of pay 52 × 44 3. [ Deleted by Act 55 of 2018 ] 4. A workman employed on piece rates The total weekly pay at the basic rate of pay received divided by the total number of hours worked in the week 5. A non-workman employed on piece rates The total weekly pay at the basic rate of pay received divided by the total number of hours worked in the week 6. A workman employed on an hourly rate of pay Actual hourly basic rate of pay 7. A non-workman employed on an hourly rate of pay Actual hourly basic rate of pay 8. A workman employed on a daily rate of pay Daily basic rate of pay divided by the number of working hours per day 9. A non-workman employed on a daily rate of pay Daily basic rate of pay divided by the number of working hours per day 26/2013; 55/2018 ...

58 Interest on advances forbidden

... Interest on advances forbidden 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. ...

63 Payment of salary through bank

... Payment of salary through bank 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: 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 jointly with one or more other persons; payment by cheque made payable to or to the order of the workman. Where the salary or part thereof has been paid in any of the ways set out in subsection (1), section 57 does not operate to give a right of recovery of so much of the salary as has been so paid. ...

65 Liability of principals, contractors and subcontractors for salary of workman

... Liability of principals, contractors and subcontractors for salary of workman 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 undertaken by the principal, and any salary is due to any workman by the contractor or any subcontractor under the contractor for labour supplied or for work done in the course of the execution of such work, the principal and the contractor and any such subcontractor (not being the employer) are jointly and severally liable with the employer to pay the workman as if the workman had been immediately employed by the principal, and where salary is claimed from the principal, this Act (with the exception of section 33 relating to priority of salary) applies as if reference to the principal were substituted for reference to the employer, except that salary claimed is to be calculated with reference to the salary of the workman under the employer by whom the workman is immediately employed. No principal, contractor or subcontractor, not being the employer, is jointly and severally liable to any workman under subsection (1) for more than the salary earned in one month for work done by the employer. In the case of a contract for constructional work, the principal is not liable for the payment of salary under subsection (1) unless the principal is also a constructional contractor. Deleted by Act 21 of 2016 A workman who wishes to recover any salary from a person liable under this section for the salary must, before lodging a claim for the salary under section 13 of the Employment Claims Act 2016, submit to the Commissioner, under section 3(1) of that Act, a mediation request for the mediation under Part 2 of that Act of every dispute for which the claim will be lodged. 21/2016 The workman must submit the mediation request to the Commissioner within 60 days after the date on which the salary becomes due for payment in accordance with Part 3. 21/2016 The Commissioner may extend the period under subsection (2A) within which the workman must submit the mediation request to the Commissioner. 21/2016 However, if a workman has lodged, before , a claim under section 119 for any salary against a person liable under this section for the salary — subsections (2), (2A) and (2B) do not apply to the recovery of the salary under that claim; and instead, the repealed section 65(1C...
... any salary to a workman, from instituting civil proceedings for the recovery of the amount of salary so paid from the employer of that workman. Nothing in this section prevents a workman from recovering salary under this Act from his or her employer instead of the principal or contractor or...

54 Agreements to pay salary otherwise than in legal tender illegal

... Agreements to pay salary otherwise than in legal tender illegal 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

... Agreements as to place and manner, etc., of spending salary illegal 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. ...

57 Recovery of salary not paid in legal tender

... Recovery of salary not paid in legal tender 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. ...

73 Regulations regulating employment

... Regulations regulating employment 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. ...

56 Salary to be paid entirely in legal tender

... Salary to be paid entirely in legal tender 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 made in any other form is illegal and void. ...

35 Application of this Part to certain workmen and other employees

... Application of this Part to certain workmen and other employees The provisions of this Part apply — 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 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. 26/2013; 55/2018 ...

60 Shops and canteens

... Shops and canteens 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 noxious drugs and intoxicating liquor must not be sold at any such shop or canteen. An employer must not establish or keep or permit to be established or kept, a shop or canteen on any place of employment for the sale of foodstuffs, provisions, meals or refreshments to the employer's workmen otherwise than in accordance with subsection (1). ...

61 Offence

... Offence 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 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. ...

116 Prohibiting order by Commissioner to third party

... Prohibiting order by Commissioner to third party 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. 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. 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. 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. 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. ...

2 Interpretation

...; domestic worker means any house, stable or garden servant or motor car driver, employed in or in connection with the domestic services of any private premises; employee means a person who has entered into or works under a contract of service with an employer and includes a workman, and any officer or...
... employee's regular remuneration; quarters means any building provided or intended to be provided for a workman to live in either temporarily or permanently, and includes any room or building used or intended to be used whether communally or privately for the purposes of cooking, eating, washing or...
... work a contractor or subcontractor has contracted to carry out for a principal or contractor, as the case may be; Tribunal means an Employment Claims Tribunal constituted under section 4 of the State Courts Act 1970; wages means salary; week means a continuous period of 7 days; workman means...
... operation or maintenance of mechanically-propelled vehicles used for the transport of passengers for hire or for commercial purposes; any person employed partly for manual labour and partly for the purpose of supervising in person any workman in and throughout the performance of his or her work: Provided that when any person is employed by any one employer partly as a workman and partly in some other capacity or capacities, that person is deemed to be a workman unless it can be established that the time during which that workman has been required to work as a workman in any one salary period as defined in Part 3 has on no occasion amounted to or exceeded one-half of the total time during which that person has been required to work in such salary period; any person specified in the First Schedule; or any person whom the Minister may, by notification in the Gazette , declare to be a workman for...

33 Priority of salary to other debts

... Priority of salary to other debts This section applies — 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 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. 26/2013; 55/2018 When, on the application of a person holding a mortgage, charge or lien or of a person who has obtained a judgment or decree, the property of an employer is sold, or any money due to the employer is garnished, the court ordering the sale or garnishment must not distribute the proceeds of the sale or the money to the person entitled thereto unless the court has ascertained and paid the salary due to all the employees employed by that employer and to all employees engaged by a contractor or subcontractor and working for that employer. This section applies only — to property on which those employees were or are working; where the property sold was or is the produce of the work of those employees; where the property sold is movable property used or being used by those employees in the course of their work; or to money due to the employer in respect of work done by those employees. The amount payable to each such employee under subsection (2) must not exceed 5 months' salary. Deleted by Act 21 of 2016 Deleted by Act 21 of 2016 In this section, employees is deemed to include subcontractors for labour and salary is deemed to include money due to a subcontractor for labour. ...

88A Annual leave

... Annual leave 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: 7 days of paid annual leave, for the first 12 months of continuous service with the same employer; subject to paragraph ( c ), an additional one day of paid annual leave, for every subsequent 12 months of continuous service with the same employer; a maximum of 14 days of paid annual leave. 55/2018 An employee who has served an employer for a period of not less than 3 months, but has not completed 12 months of continuous service in any year, is entitled to annual leave in proportion to the number of completed months of service in that year. 55/2018 In calculating the proportionate annual leave under subsection (2) — any fraction of a day that is less than one-half of a day must be disregarded; and where a fraction of a day is one-half or more, it must be regarded as one day. 55/2018 Where an employee is granted leave of absence without pay by an employer at the employee's request, the period of the leave is to be disregarded for the purpose of computing the period of continuous service under this section. 55/2018 An employee forfeits the employee's entitlement to annual leave if the employee absents himself or herself from work without the employer's permission, or without reasonable excuse, for more than 20% of the working days in the months or year (as the case may be) in which the employee's entitlement to annual leave accrues. 55/2018 In the case of an employee to whom Part 4 applies by virtue of section 35( b ) or who is a workman mentioned in section 35( a ) — the employer must grant, and the employee must take, the employee's paid annual leave not later than 12 months after the end of every 12 months of continuous service; and if the employee fails to take that leave by the end of that period, the employee ceases to be entitled to that leave. 55/2018 An employer must pay an employee the employee's gross rate of pay for every day of paid annual leave. 55/2018 If an employee is dismissed on any ground other than misconduct before the employee has taken all of the employee's paid annual leave, the employer must pay the employee the employee's gross rate of pay in respect of every day of that leave not taken by the employee. 55/2018 The Minister may, by notification in the Gazette , do any of the following: fix the periods when, and prescribe the manner in which, paid annual leave is to be granted to employees in different types of employment or in different classes of industries; suspend the application of any provision of this section to any class of...

88 Holidays

... Holidays 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: by agreement between the employer and the employee any other day or days may be substituted for any one or more public holidays; if any public holiday falls on a rest day, the working day next following that rest day is a paid holiday; if any public holiday falls on a day when the employee is not required to work under his or her contract of service, the employer may either pay the employee for that holiday at his or her gross rate of pay or give the employee a day off in substitution for that holiday. 27/2015 Despite subsection (1), an employee is not entitled to holiday pay for any public holiday which falls on a day when the employee is on leave of absence without pay granted by the employer at the employee's request. 27/2015 An employee who absents himself or herself from work on the working day immediately preceding or immediately succeeding a public holiday or any day substituted therefor under subsection (1) without the prior consent of his or her employer or without reasonable excuse is not entitled to any holiday pay for that holiday. 27/2015 Despite subsection (1), any employee may be required by his or her employer to work on any public holiday to which the employee would otherwise be entitled under that subsection and, in such event, the employee must be paid an extra day's salary at the basic rate of pay for one day's work in addition to the gross rate of pay for that day and to a travelling allowance, if payable to the employee under the terms of his or her agreement with his or her employer, for one day. 27/2015 Despite subsections (1) and (4), where any employee (other than an employee to whom Part 4 applies by virtue of section 35( b ) or who is a workman mentioned in section 35( a )) is required by his or her employer to work on any public holiday to which the employee would otherwise be entitled under subsection (1), the employee must be paid the gross rate of pay for that day and may be given the following, in lieu of a day off in substitution for that holiday or an extra day's salary at the basic rate of pay: part of a day off on a working day comprising such number of hours as may be agreed between the employee and his or her employer; in the case where there is no such agreement — part of a day off on a working day comprising 4 hours if the employee worked on that holiday for a period not exceeding 4 hours; or a day off on a working day if the employee worked on that holiday for a period of more than 4 hours. 26/2013; 27/2015; 55/2018 An employee is not entitled, by reason of subsection (4), to receive double any housing allowance or food allowance...

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 public holidays;
(b)	if any public holiday falls on a rest day, the working day next following that rest day is a paid holiday;
(c)	if any public holiday falls on a day when the employee is not required to work under his or her contract of service, the employer may either pay the employee for that holiday at his or her gross rate of pay or give the employee a day off in substitution for that holiday. [27/2015]

(2) Despite subsection (1), an employee is not entitled to holiday pay for any public holiday which falls on a day when the employee is on leave of absence without pay granted by the employer at the employee’s request.

[27/2015]

(3) An employee who absents himself or herself from work on the working day immediately preceding or immediately succeeding a public holiday or any day substituted therefor under subsection (1) without the prior consent of his or her employer or without reasonable excuse is not entitled to any holiday pay for that holiday.

[27/2015]

(4) Despite subsection (1), any employee may be required by his or her employer to work on any public holiday to which the employee would otherwise be entitled under that subsection and, in such event, the employee must be paid an extra day’s salary at the basic rate of pay for one day’s work in addition to the gross rate of pay for that day and to a travelling allowance, if payable to the employee under the terms of his or her agreement with his or her employer, for one day.

[27/2015]

(4A) Despite subsections (1) and (4), where any employee (other than an employee to whom Part 4 applies by virtue of section 35(b) or who is a workman mentioned in section 35(a)) is required by his or her employer to work on any public holiday to which the employee would otherwise be entitled under subsection (1), the employee must be paid the gross rate of pay for that day and may be given the following, in lieu of a day off in substitution for that holiday or an extra day’s salary at the basic rate of pay:

(a)

part of a day off on a working day comprising such number of hours as may be agreed between the employee and his or her employer;

(b)

in the case where there is no such agreement —

(i)	part of a day off on a working day comprising 4 hours if the employee worked on that holiday for a period not exceeding 4 hours; or
(ii)	a day off on a working day if the employee worked on that holiday for a period of more than 4 hours. [26/2013; 27/2015; 55/2018]

(5) An employee is not entitled, by reason of subsection (4), to receive double any housing allowance or food allowance.

(6) Subsection (4) does not apply to an employee who is employed by the Government or a statutory body in any of the essential services as defined under Part 3 of the Criminal Law (Temporary Provisions) Act 1955, but —

(a)	any such employee may, despite subsection (1), be required by his or her employer to work on a public holiday or part thereof to which the employee would otherwise be entitled under that subsection; and
(b)	in any such case, the employee must be given a day or part of a day off (as the case may be) in substitution for the public holiday or part thereof. [27/2015]

(7) For the purposes of this section if any public holiday falls on a half working day, the gross or basic rate of pay payable is that of a full working day.

[27/2015]

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