Employment (Amendment) Bill

Bill No. 22/1984

Read the first time on 29th June 1984.

An Act to amend the Employment Act (Chapter 122 of the Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

Short title and commencement

1. This Act may be cited as the Employment (Amendment) Act 1984 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 2

2. Section 2 of the Employment Act is amended —

(a)

by deleting the definition of “dental officer”;

(b)

by deleting the words “watchman or security guard” in the definition of “employee”;

(c)

by deleting the definition of “inspecting officer” and substituting the following definition:

“ “inspecting officer” means any person appointed as an inspecting officer under section 3;”;

(d)

by deleting the definition of “maternity allowance”;

(e)

by deleting paragraphs (b) and (c) of the definition of “rate of pay” and substituting the following paragraphs:

“(b)	additional payments by way of bonus payments or annual wage supplements;
(c)	travelling, food or house allowances; or
(d)	any sum paid to the employee to reimburse him for special expenses incurred by him in the course of his employment;”;

(f)

by deleting paragraphs (d) and (e) of the definition of “salary” and substituting the following paragraphs:

“(d)	any sum paid to the employee to reimburse him for special expenses incurred by him in the course of his employment;
(e)	any gratuity payable on discharge or retirement; or
(f)	any retrenchment benefit payable on retrenchment;”;

(g)

by deleting the definition of “underground working”; and

(h)

by deleting the words “or watchman or security guard” in paragraph (a) of the definition of “workman”.

Amendment of section 3

3. Section 3(2) of the Employment Act is deleted and the following subsection substituted therefor:

“(2) The Minister may appoint such number of inspecting officers and other officers as he may consider necessary or expedient for the purposes of this Act.”.

Amendment of section 11

4. Section 11 of the Employment Act is amended —

(a)

by deleting subsection (1) and substituting the following subsections:

“(1) Either party to a contract of service may terminate the contract of service without notice or, if notice has already been given in accordance with section 10, without waiting for the expiry of that notice, by paying to the other party a sum equal to the amount of salary which would have accrued to the employee during the period of the notice and in the case of a monthly-rated employee where the period of the notice is less than a month, the amount payable for any one day shall be calculated in accordance with the appropriate formula in section 50.

(2) For the purposes of subsection (1), where the formula in section 50(5) applies, the reference to the “average number of working days in a week” shall be read as a reference to the average number of days on which the employee was required, under the contract of service, to work in a week over the period of 3 weeks immediately preceding the termination of the contract; or where the employee was in employment for less than 3 weeks, the average number of days on which the employee would have been required to work in a week over the first 3 weeks of his employment, if the contract of service had not been terminated.”; and

(b)

by renumbering the existing subsection (2) as subsection (3).

Amendment of section 21

5. Section 21 of the Employment Act is amended —

(a)

by inserting, immediately after the word “service” in subsection (1), the words “, other than additional payments for overtime work”;

(b)

by inserting, immediately after subsection (1), the following subsection:

“(2) Additional payments for overtime work shall be paid not later than 14 days after the last day of the salary period during which the overtime work was performed.”; and

(c)

by renumbering the existing subsection (2) as subsection (3).

Amendment of section 25

6. Section 25 of the Employment Act is amended by renumbering the section as subsection (1) of that section, and by inserting immediately thereafter the following subsection:

“(2) Subsection (1) shall not apply where the salary is paid into an account with a bank in Singapore, being an account in the name of the employee or an account in the name of the employee jointly with one or more other persons.”.

Amendment of section 28

7. Section 28 of the Employment Act is amended by deleting the words “shall not exceed one twenty-sixth of the monthly salary in respect of any one day” in subsection (2) and substituting the words “the amount of deduction in respect of any one day shall be calculated in accordance with the appropriate formula in section 50 except that the reference to “rest day, holiday, day of leave or period of leave” in subsection (5) of that section shall be read as a reference to the day of absence or period of absence”.

Amendment of section 29

8. Section 29(1) of the Employment Act is amended —

(a)	by deleting the words “fifty dollars or”; and
(b)	by deleting the words “whichever is the less”.

Repeal and re-enactment of section 32

9. Section 32 of the Employment Act is repealed and the following section substituted therefor:

“Deductions not to exceed 50 per cent of salary

32.—(1) The total amount of all deductions made from the salary of an employee by an employer in any one salary period, other than deductions under paragraph (a), (f), (g) or (j) of section 27(1), shall not exceed 50 per cent of the salary payable to the employee in respect of that period.

(2) Subsection (1) shall not apply to deductions made from the last salary due to an employee on termination of his contract of service or on completion of his contract of service.”.

Amendment of section 33

10. Section 33(1) of the Employment Act is deleted and the following subsection substituted therefor:

“(1) This section shall apply to all workmen and to other employees who are in receipt of a salary not exceeding $1,250 a month or such other amount as may be prescribed by the Minister.”.

Repeal and re-enactment of section 35

11. Section 35 of the Employment Act is repealed and the following section substituted therefor:

“Application of Part IV

35. The provisions of this Part shall apply to all workmen and to other employees who are in receipt of a salary not exceeding $1,250 a month or such other amount as may be prescribed by the Minister.”.

Amendment of section 36

12. Section 36 of the Employment Act is amended —

(a)

by inserting, immediately after subsection (1), the following subsection:

“(2) 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.”; and

(b)

by renumbering the existing subsection (2) as subsection (3).

Amendment of section 38

13. Section 38 of the Employment Act is amended —

(a)

by deleting the word “and” at the end of paragraph (i) of the proviso to subsection (1);

(b)

by deleting the full-stop at the end of paragraph (ii) of the proviso to subsection (1) and substituting a semi-colon, and by inserting immediately thereafter the following paragraphs:

“(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 two weeks.”; and

(c)

by deleting subsection (3) and substituting the following subsection:

“(3) 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 two 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 rate of pay irrespective of the basis on which his rate of pay is fixed.”.

Repeal and re-enactment of section 40

14. Section 40 of the Employment Act is repealed and the following section substituted therefor:

“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 per week.

(2) No consent given by an employee under this section shall be valid unless the provisions of 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.

(3) No employee to whom this section applies shall under any circumstances work for more than 12 hours in any one day.

(4) Section 38(3) 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(3).”.

New section 40A

15. The Employment Act is amended by inserting, immediately after section 40, the following section:

“Interpretation

40A. For the purposes of sections 36, 38 and 40, “week” shall mean a continuous period of 7 days commencing at midnight on Sunday.”.

Amendment of section 41

16. Section 41 of the Employment Act is amended —

(a)

by deleting the provisos to subsection (1) and substituting therefor the following proviso:

“Provided that —

(a)	by agreement between the employer and the employee any other day or days may be substituted for any one or more of the days specified in the said Schedule;
(b)	if any of the holidays specified in the said Schedule falls on a rest day, the working day next following that rest day shall be a paid holiday; and
(c)	if any of the days specified in the said Schedule falls on a day when the employee is not required to work under his contract of service, the employer may either pay the employee for that holiday at his ordinary rate of pay or give the employee a day off in substitution for that holiday.”; and

(b)

by inserting, immediately after subsection (1), the following subsection:

“(1A) Notwithstanding subsection (1), no employee shall be entitled to holiday pay for any holiday which falls on a day when the employee is on leave of absence without pay granted by the employer at the request of the employee.”.

Amendment of section 42

17. Section 42 of the Employment Act is amended —

(a)

by deleting subsection (1) and substituting the following subsections:

“(1) An employee shall be entitled to paid annual leave of 7 days in respect of the first 12 months of continuous service with the same employer and an additional one day’s annual leave for every subsequent 12 months of continuous service with the same employer subject to a maximum of 14 days of such leave which shall be in addition to the rest days, holidays and sick leave to which the employee is entitled under sections 36, 41 and 43, respectively.

(2) An employee who has not completed 12 months of continuous service in any year shall be entitled to annual leave in proportion to the number of completed months of service in that year.

(3) In calculating the proportionate annual leave under subsection (2), any fraction of a day which is less than one-half of a day shall be disregarded and where the fraction of the day is one-half or more it shall be regarded as one day.

(4) Where an employee is granted leave of absence without pay by the employer at the request of the employee, the period of the leave shall be disregarded for the purpose of computing continuous service under this section.

(5) An employee shall forfeit his entitlement to annual leave if he absents himself from work without the permission of an employer or without reasonable excuse for more than 20 per cent of the working days in the months or year, as the case may be, in which his entitlement to such leave accrues.”; and

(b)

by renumbering the existing subsections (2), (3) and (4) as subsections (6), (7) and (8), respectively.

Amendment of section 43

18. Section 43(3) of the Employment Act is amended by deleting the first proviso and substituting the following proviso:

“Provided that no employee shall be entitled to paid sick leave on a rest day or on a holiday to which he is entitled under section 36 or 41 or on any day of paid annual leave or on a day when he is not required to work under his contract of service or on a day when he is on leave of absence without pay granted by the employer at his request:”.

Repeal and re-enactment of section 50

19. Section 50 of the Employment Act is repealed and the following section substituted therefor:

“Interpretation

50.—(1) For the purposes of sections 37, 41, 42 and 43, “ordinary rate of pay” means the total salary in cash, including cash allowance but excluding traveling allowances, which an employee is entitled under the terms of his agreement with his employer to receive for one full day’s work; and shall, in the case of an employee employed on a monthly rate or on piece rates, be calculated in accordance with this section.

(2) Where an employee is employed on piece rates, the ordinary rate of pay shall be calculated by dividing the total pay earned by the employee during the period of 14 days immediately preceding the rest day, holiday, day of leave or period of leave, as the case may be, by the number of days on which the employee actually worked during that period of 14 days.

(3) Where an employee is employed on a monthly rate of pay and the number of days on which the employee is required to work in a week is the same in every week under the contract of service, the ordinary rate of pay shall be calculated according to the following formula:

(4) Where an employee is employed on a monthly rate of pay and is required under his contract of service to work on a certain number of days in one week and on a different number of days in the following week in every period of two consecutive weeks, the ordinary rate of pay shall be calculated according to the following formula:

(5) Where an employee is employed on a monthly rate of pay and is required under the contract of service to work on different number of days in different weeks, the ordinary rate of pay shall be calculated according to the following formula or such other formula as may be approved by the Commissioner:

and for the purpose of this subsection, “average number of working days in a week” means the average number of days on which the employee was required, under the contract of service, to work in a week over the period of 3 weeks immediately preceding the rest day, holiday, day of leave or period of leave, as the case may be; or where the employee was in employment for less than 3 weeks, the average number of days on which the employee was required to work under the contract of service in a week over the period of 3 weeks immediately following the rest day, holiday, day of leave or period of leave, as the case may be.

(6) For the purposes of this section —

(a)	“week” means a continuous period of 7 days commencing at midnight on Sunday;
(b)	in calculating the number of working days in a week or the average number of working days in a week, any day on which an employee is required to work for 5 hours or less under his contract of service shall be regarded as half a day.”.

Amendment of section 60

20. Section 60(1) of the Employment Act is amended by deleting the words “, with the approval in writing of the Commissioner and subject to such conditions as the Commissioner may impose which may at any time be revoked,”.

Amendment of section 63

21. Section 63 of the Employment Act is amended —

(a)	by deleting the words “with the workman’s written consent” in subsection (1);
(b)	by deleting subsection (2); and
(c)	by renumbering subsection (3) as subsection (2).

Amendment of section 65

22. Section 65 of the Employment Act is amended by inserting, immediately after subsection (4), the following subsection:

“(5) The reference to principal in this section shall include the Government or a statutory body or authority acting in the course of or in the discharge of its functions.”.

Amendment of Part IX

23. Part IX of the Employment Act is amended by deleting the cross-heading and substituting the following cross-heading:

“MATERNITY PROTECTION AND BENEFITS”.

Repeal and re-enactment of section 76

24. Section 76 of the Employment Act is repealed and the following section substituted therefor:

“Length of benefit period

76.—(1) Subject to this section, every female employee shall be entitled to absent herself from work —

(a)	during the period of 4 weeks immediately before and the period of 4 weeks immediately after her confinement; or
(b)	during a period of 8 weeks, as agreed to by her and the employer, commencing not earlier than 28 days immediately preceding the day of her confinement or later than that day,

and for such period (referred to in this Part as the benefit period) she shall be entitled to receive payment from her employer at her ordinary rate of pay.

(2) A female employee who has served an employer for less than 180 days immediately preceding the day of confinement shall not be entitled to any pay during the benefit period.

(3) Where a female employee has worked in her employment for any day during the benefit period before her confinement, she shall be entitled to receive in addition to her ordinary rate of pay for that day an amount that is equivalent to a day’s pay or to absent herself from work on another day at the end of the benefit period.

(4) Notwithstanding subsection (1) or any collective agreement or award to the contrary, a female employee shall not be entitled to any payment during the benefit period for any confinement if at the time of the confinement she has two or more children.

(5) Subsection (4) shall not apply to such class or classes of employees as the Minister may, from time to time by notification in the Gazette, specify.”.

Repeal and re-enactment of section 77

25. Section 77 of the Employment Act is repealed and the following section substituted therefor:

“Payments to include holidays

77.—(1) The payment referred to in section 76 shall be paid for every day of the benefit period, including holidays.

(2) Nothing in this section shall be construed to require an employer to pay to a female employee an extra day’s salary for a holiday which falls within the benefit period.”.

Amendment of section 79

26. Section 79(1) of the Employment Act is amended by deleting the words “that she expects to be confined” and substituting the words “under section 80 (1)”.

Amendment of section 80

27. Section 80(1) of the Employment Act is deleted and the following subsection substituted therefor:

“(1) A female employee shall at least one week before absenting herself from work in accordance with section 76 give notice to her employer specifying the date on which she intends to commence absenting herself from work.”.

Amendment of section 100

28. Section 100 of the Employment Act is amended by deleting the words “or any order made under section 99”.

Amendment of section 101

29. Section 101(1) of the Employment Act is deleted and the following subsection substituted therefor:

“(1) Every employer shall prepare and keep a register showing the name, address, the rate of pay and allowances, the amount earned, and the amount of deductions made from the earnings of each employee employed by him and such other particulars as may be prescribed from time to time.”.

Amendment of section 107

30. Section 107 of the Employment Act is amended by inserting, immediately after the words “before him”, the words “or any inspecting officer specified in the notice”.

Amendment of section 111

31. Section 111 of the Employment Act is amended —

(a)	by deleting the words “person authorised in writing by the Commissioner or a medical officer” in subsection (1) and substituting the words “inspecting officer”; and
(b)	by inserting, immediately before the words “inspecting officer” in subsection (2), the words “Commissioner or the”.

Amendment of section 112

32. Section 112 of the Employment Act is amended —

(a)	by inserting, immediately before the words “inspecting officer”, the words “Commissioner or the”; and
(b)	by inserting, immediately before the words “inspecting officer” in the marginal note, the words “Commissioner or”.

Amendment of section 113

33. Section 113 of the Employment Act is amended —

(a)	by inserting, immediately before the words “inspecting officer” in subsection (1), the words “Commissioner or the”; and
(b)	by inserting, immediately after the words “Powers of” in the marginal note, the words “Commissioner and”.

Amendment of section 125

34. Section 125(4) of the Employment Act is amended by deleting the words “seven hundred and fifty dollars” and substituting “$1,250”.

Amendment of section 147

35. Section 147 of the Employment Act is amended —

(a)	by deleting the word “male” in paragraph (b) of the proviso to subsection (1); and
(b)	by deleting the words “or the Ministry of Health or a medical officer” in subsection (10).

Amendment of section 149

36. Section 149(2) of the Employment Act is amended by deleting paragraphs (f), (g), (h) and (j).

Miscellaneous amendments — penalties

37. The Employment Act is amended —

(a)

by deleting the words “five hundred dollars” wherever they appear in the following sections and substituting in each case “$1,000”:

Sections 53(1), 87, 109(1), 116, 117, 119, 122 and 149(2)(l); and

(b)

by deleting the words “one thousand dollars” wherever they appear in the following sections and substituting in each case “$2,000”:

Sections 53(1), 122 and 149(2)(l).

Repeal of certain sections

38. Sections 51, 88, 91, 95, 96, 97, 99, 103, 104, 114 and 120 of the Employment Act are repealed.

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