Children Development Co-Savings (Application of Employment Act Provisions) Order 2004

No. S 610

Children Development Co-Savings Act

(Chapter 38A)

Children Development Co-Savings (Application of Employment Act Provisions) Order 2004

In exercise of the powers conferred by section 12 of the Children Development Co-Savings Act, the Minister for Manpower hereby makes the following Order:

Citation and commencement

1. This Order may be cited as the Children Development Co-Savings (Application of Employment Act Provisions) Order 2004 and shall come into operation on 5th October 2004.

Definitions

2. In this Order —

“applicable provisions of the Employment Act” means the provisions of the Employment Act (Cap. 91) referred to in paragraph 3(2)(a) and (b) as modified by paragraphs 4 to 18;

“principal Act” means the Children Development Co-Savings Act (Cap. 38A).

Application of Employment Act provisions and subsidiary legislation

3.—(1) The provisions of the Employment Act and the subsidiary legislation made under that Act as specified in sub-paragraph (2) shall apply, with such exceptions, adaptations and modifications as are specified in paragraphs 4 to 18, in relation to —

(a)	any employer or female employee to whom section 9 or 22 of the principal Act applies;
(b)	any dispute under Part III of the principal Act between such employer and such female employee; and
(c)	any offence or proceedings under section 17 of the principal Act, as they apply in relation to any employer, employee, dispute, offence or proceedings, as the case may be, under the Employment Act.

(2) The applicable provisions of the Employment Act and the applicable subsidiary legislation made under that Act shall be as follows:

(a)	Part XV of that Act (other than sections 116 and 121) read with the Second Schedule to that Act;
(b)	Part XVI of that Act (other than sections 128, 138, 139 and 140);
(c)	Employment (Notes of Evidence — Fees) Regulations (Rg 2); and
(d)	Employment (Prescribed Form) Regulations (Rg 4).

Modification of section 115 of Employment Act

4. Section 115 of the Employment Act (Cap. 91) shall apply with the following modifications:

(a)

the Commissioner may only inquire into and decide —

(i)

any dispute between a female employee to whom section 9 of the principal Act applies and her employer relating to —

(A)	the entitlement of the female employee to absent herself from work or to pay during any period referred to in section 9 (1)(a), (b) or (c) of the principal Act under any term of the contract of service between the female employee and her employer or under section 9 of the principal Act, as the case may be; or
(B)	any matter under sections 77 to 86 of the Employment Act as made applicable by section 12 of the principal Act; or

(ii)

any dispute between a female employee to whom section 22 of the principal Act applies and her employer relating to the entitlement of the female employee to absent herself from work or to pay for the period referred to in section 9 (1)(a), (b) or (c) of that Act under any term of the contract of service between the female employee and her employer; and

(b)

subsection (3) shall be disregarded.

Modification of section 120 of Employment Act

5. Section 120 of the Employment Act shall apply with the following modifications:

(a)	the reference to “employer” in paragraph (b) shall be read as a reference to an employer to whom section 9 or 22 of the principal Act applies; and
(b)	the references to “employee” and “employees” wherever they appear in paragraphs (a) and (b) shall be read as references to a female employee and female employees, respectively, to whom section 9 or 22 of the principal Act applies.

Modification of section 123 of Employment Act

6. Section 123 of the Employment Act (Cap. 91) shall apply with the following modifications:

(a)

subsection (1) shall be modified to read as follows:

“(1) If a female employee to whom section 9 of the Children Development Co-Savings Act (Cap. 38A) applies complains to the Commissioner that she has reasonable ground for believing that her employer, in order to evade payment of salary due to her for the period referred to in section 9 (1)(a), (b) or (c) of that Act is about to leave Singapore, the Commissioner may direct that employee to a Magistrate’s Court and the Court may summon the employer and direct him to show cause why he should not be required to give security by bond to remain in Singapore until such salary is paid.”;

(b)

subsection (1A) shall be modified to read as follows:

“(1A) If, after hearing the evidence of the employer, the Magistrate’s Court adjudicates that such bond shall be given, the Court may order the employer to give security by bond in a reasonable sum that he will not leave Singapore until the Court is satisfied that all the just claims against him of his employee for salary have been paid or settled.”;

(c)

subsection (2) shall be modified to read as follows:

“(2) If the employer fails to comply with the terms of such order to give security, he shall be detained in the civil prison until arrangements are made to the satisfaction of the Magistrate’s Court for settling the claims of his employee.”;

(d)

subsection (2A) shall be modified to read as follows:

“(2A) The employer shall be released at any time on security being furnished or on his payment either in whole or in a reasonable part, of all claims of his employee.”;

(e)

subsection (5) shall be modified to read as follows:

“(5) If, on or after a complaint by an employee under subsection (1), it appears to the Magistrate’s Court that there is good ground for believing that the person complained against has absconded or is absconding or is about to abscond, the Court may issue a warrant for the apprehension of that person and that person shall be detained in safe custody pending the hearing of the complaint unless he finds good and sufficient security to the satisfaction of the Court for his appearance to answer the complaint.”; and

(f)

subsection (6) shall be modified to read as follows:

“(6) If, after summoning any person to show cause why he should not be required to give security by bond to remain in Singapore until the salary of his employee is paid, it appears to the Magistrate’s Court after inquiry has been made by the Commissioner that the employee who made the complaint had no reasonable or sufficient grounds for making it, the Court may impose a fine of $25 upon the employee and in default of payment sentence her to imprisonment for a term not exceeding 14 days.”.

Modification of section 124 of Employment Act

7. Section 124(1) of the Employment Act (Cap. 91) shall apply with the following modifications:

(a)

the reference to “an offence under this Act” shall be read as a reference to an offence under section 17 of the principal Act;

(b)

the reference to “any matter for which provision is made by this Act” shall be read as a reference to any matter relating to —

(i)	the entitlement of a female employee to absent herself from work or to pay under section 9 of the principal Act; or
(ii)	any matter under sections 77 to 86 of the Employment Act as made applicable by section 12 of the principal Act;

(c)

the reference to “or the death of an employee, or any matter connected with hospital and medical facilities, quarters, sanitation, inspections or the keeping of registers and other documents” shall be disregarded; and

(d)

the reference to “any breach of any provision of this Act” shall be read as a reference to any breach of section 9 of the principal Act or sections 77 to 86 of the Employment Act (Cap. 91) as made applicable by section 12 of the principal Act.

Modification of section 125 of Employment Act

8. Section 125 of the Employment Act shall apply with the references to “employee or subcontractor for labour” and “employees or subcontractors for labour” wherever they appear in subsections (1) and (2) read as references to a female employee and female employees, respectively, to whom section 9 of the principal Act applies.

Modification of section 126 of Employment Act

9. Section 126 of the Employment Act shall apply with the following modifications:

(a)	the reference to “an employee or a subcontractor for labour” shall be read as a reference to a female employee to whom section 9 of the principal Act applies; and
(b)	a reference to “his employer” wherever it appears shall be read as a reference to “her employer”.

Modification of sections 127 and 130 of Employment Act

10. Sections 127 and 130 of the Employment Act shall apply with the references to “this Act” in those provisions read as references to the applicable provisions of the Employment Act and section 17 of the principal Act.

Modification of section 129 of Employment Act

11. Section 129 of the Employment Act shall apply with the following modifications:

(a)	the reference to “this Act” in the 2nd line of subsection (1) shall be read as a reference to the applicable provisions of the Employment Act and the principal Act; and
(b)	the reference to “this Act” in the 3rd line of subsection (1) and in subsection (2) shall be read as a reference to section 17 of the principal Act.

Modification of section 131 of Employment Act

12. Section 131 of the Employment Act (Cap. 91) shall be modified to read as follows:

“Onus of proof

131. In all proceedings under Part XV of the Employment Act (other than section 121), the onus of proving that he is not an employer to whom section 9 of the principal Act applies shall be on the person who alleges that he is not the employer.”.

Modification of section 132 of Employment Act

13. Section 132 of the Employment Act shall apply with the following modifications:

(a)	the reference to “employer” shall be read as a reference to an employer to whom section 9 of the principal Act applies;
(b)	the reference to “employee” shall be read as a reference to a female employee to whom section 9 of the principal Act applies; and
(c)	the reference to “this Act” wherever it appears shall be read as a reference to the applicable provisions of the Employment Act and section 17 of the principal Act.

Modification of section 133 of Employment Act

14. Section 133 of the Employment Act shall apply with the reference to "this Act" read as a reference to the applicable provisions of the Employment Act.

Modification of section 134 of Employment Act

15. Section 134 of the Employment Act shall apply with the following modifications:

(a)	the reference to “this Act” shall be read as a reference to the applicable provisions of the Employment Act and section 17 of the principal Act;
(b)	the reference to “employer” shall be read as a reference to an employer to whom section 9 of the principal Act applies; and
(c)	the reference to “employee” wherever it appears shall be read as a reference to a female employee to whom section 9 of the principal Act applies.

Modification of section 135 of Employment Act

16. Section 135 of the Employment Act (Cap. 91) shall apply with the following modifications:

(a)	the reference to “this Act” in the 3rd line shall be read as a reference to the applicable provisions of the Employment Act and section 17 of the principal Act; and
(b)	the reference to “compensation or damages” shall be disregarded.

Modification of section 136 of Employment Act

17. Section 136 of the Employment Act shall apply with the following modifications:

(a)	the reference to “this Act” shall be read as a reference to section 17 of the principal Act; and
(b)	the reference to “employer” shall be read as a reference to an employer to whom section 9 of the principal Act applies.

Modification of section 137 of Employment Act

18. Section 137 of the Employment Act shall apply with the reference to “this Act” read as a reference to the applicable provisions of the Employment Act.

Made this 30th day of September 2004.

YONG YING-I

Permanent Secretary,
Ministry of Manpower,
Singapore.

[QWPD 2:2 /C; AG/LEG/SL/38A/2001/1 Vol. 4]

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