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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.
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...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 ...
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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.
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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.
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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... |
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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.
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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.
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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.
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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.
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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.
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