Employment (Amendment) Bill

Bill No. 43/1975

Read the first time on 19th August 1975.

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.—(1) This Act may be cited as the Employment (Amendment) Act, 1975, and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

(2) The Minister may appoint different dates for the coming into operation of the different provisions of this Act.

Amendment of section 46

2. Section 46 of the Employment Act is hereby amended —

(a)

by deleting paragraph (b) of subsection (5) thereof and substituting therefor the following: —

“(b)	has not paid any bonus to his employees or has paid a bonus of one month's wages or less at any time prior to 1st July, 1972, the annual wage supplement to be payable by the employer may be equivalent to an amount not exceeding one month's wages of the employees.”;

(b)

by deleting subsection (10) thereof and substituting therefor the following new subsections: —

“(10) 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 —

(a)	of an annual wage supplement of an amount which is in excess of the amount specified in paragraph (a) or (b) of subsection (5) of this section; or
(b)	of an annual wage supplement, annual bonus or annual wage increases which is at variance with the decision of the employer in respect of the option referred to in subsection (2) of this section; or
(c)	of any money, in whatever way it may be described, in addition to the amount of annual wage supplement provided for in a contract of service or collective agreement; or
(d)	of an annual bonus in excess of the amount specified in paragraph (b) of subsection (1) of this section,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.

(11) A contract of service or collective agreement which contains —

(a)	a provision for the payment of an annual wage supplement and an annual bonus shall not contain a provision for the payment of annual wage increases; and
(b)	a provision for the payment of an annual wage supplement and annual wage increases shall not contain a provision for the payment of an annual bonus,

and any contract of service or collective agreement made before, on or after the date of the commencement of the Employment (Amendment) Act, 1975 which is inconsistent with the provisions of this subsection shall be void to the extent of its inconsistency.

(12) Any employer who pays —

(a)	an annual wage supplement of an amount which is in excess of the amount specified in paragraph (a) or (b) of subsection (5) of this section; or
(b)	annual wage increases if he is already obliged under the provisions of a contract of service or a collective agreement to pay an annual wage supplement and an annual bonus; or
(c)	an annual bonus is he is already obliged under the provisions of a contract of service or a collective agreement to pay an annual wage supplement and annual wage increases; or
(d)	an annual bonus in excess of the amount specified in paragraph (a) or (b) of subsection (1) of this section,

(13) No employer shall, without the written permission of the Minister for Finance, pay any money, in whatever way it may be described, in addition to the amount of annual wage supplement provided for in a contract of service or collective agreement.

(14) Any person who contravenes the provisions of subsection (13) of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.”; and

(c)

by re-numbering the existing subsection (11) as subsection (15) thereof.

Amendment of section 48

3. Section 48 of the Employment Act is hereby amended —

(a)	by deleting the expression “(4)” appearing in the first line of subsection (1) thereof and substituting therefor the expression “(3)”;
(b)	by deleting subsection (2) thereof; and
(c)	by re-numbering subsection (3) and (4) thereof as subsections (2) and (3) respectively.

Repeal of sections 49 and 50

4. Sections 49 and 50 of the Employment Act are hereby repealed.

Amendment of section 51

5. Section 51 of the Employment Act is hereby amended by deleting the words “other than children and young persons” appearing in the third and fourth lines thereof.

Repeal and re-enactment of sections 68 and 69

6. Sections 68 and 69 of the Employment Act are hereby repealed and the following substituted therefor: —

“Employment in industrial undertaking

68. No child or young person shall be employed in any industrial undertaking which the Minister by notification in the Gazette declares to be an industrial undertaking in which no child or young person shall be employed.

Conditions of employment

69. The Minister may by regulations made under this Act prescribe the conditions upon which a child or young person may be employed in any industrial or non-industrial undertaking.”.

Repeal of sections 70 to 73

7. Sections 70 to 73 of the Employment Act are hereby repealed.

Repeal and re-enactment of section 75

8. Section 75 of the Employment Act are hereby repealed and the following substituted therefor: —

“Approved employment

75.—(1) The provisions of section 67 and 68 of this Act shall not apply to the employment of children and younger persons —

(a)	in work approved and supervised by the Ministry of Education or the Industrial Training Board and carried on in any technical, vocational or industrial training school; or
(b)	under any apprenticeship scheme approved and supervised by the Industrial Training Board.

(2) For the purposes of this section, the “Industrial Training Board” means the Industrial Training Board established under the Industrial Training Board Act, 1972.”.

Repeal of Part IX

9. Part IX of the Employment Act is hereby repealed.

Repeal of section 129

10. Section 129 of the Employment Act is hereby repealed.

New section 143A

11. The Employment Act is hereby amended by inserting immediately after section 143 thereof the following new section: —

“Power to compound offences

143A. The Commissioner may in his discretion compound any such offence under this Act or the regulations made thereunder as may be prescribed as being an offence which may be compounded by accepting from the person reasonably suspected of committing such offence a sum not exceeding two hundred dollars.”.

Amendment of section 148

12. Section 148 of the Employment Act is hereby amended —

(a)

by re-numbering the section as subsection (1) thereof; and

(b)

by inserting immediately after subsection (1) thereof the following new subsection —

“(2) In hearing claims or conducting proceedings under this Part, the Commissioner —

(a)	shall not be bound to act in a formal manner or in accordance with the Evidence Act by may inform himself on any matters in such manner as he thinks just; and
(b)	shall act according to equity, good conscience and the merits of the case without regard to technicalities.”.

New section 148A

13. The Employment Act is hereby amended by inserting immediately after section 148 thererof the following new section: —

“Representation before Commissioner

148A. In proceedings before the Commissioner a party —

(a)	being an employee may be represented by an officer of the trade union of which the employee is a member; and
(b)	being an employer may be represented by one of his employees,

but shall not be represented by an advocate or solicitor or paid agent.”.

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