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

Child Development Co-Savings Act

(Chapter 38A, Section 12)

O 1

G.N. No. S 610/2004

REVISED EDITION 2008

(31st January 2008)

[5th October 2004]

Citation

1. This Order may be cited as the Child Development Co-Savings (Application of Employment Act Provisions) Order.

[S 230/2011 wef 01/05/2011]

Definitions

2. In this Order —

“applicable provisions of the Employment Act” means the provisions of the Employment Act 1968 mentioned in section 12(2) and (3) of the principal Act, with the exceptions, adaptations and modifications prescribed in paragraph 3(1) and (2)(a), (b) and (c);

[S 227/2025 wef 01/04/2025]

“principal Act” means the Child Development Co-Savings Act 2001.

[S 700/2008 wef 01/01/2009]

[S 230/2011 wef 01/05/2011]

[S 227/2025 wef 31/12/2021]

Prescribed exceptions, adaptations and modifications for purposes of section 12(2) and (3) of principal Act

3.—(1) For the purposes of section 12(2) of the principal Act, Parts 13 and 16 and sections 124, 125 and 126 of the Employment Act 1968 apply in relation to the matters described in section 12(2)(a), (b) and (c) of the principal Act, with the following exceptions, adaptations and modifications:

(a)	sections 128, 138, 139 and 140 of the Employment Act 1968 do not apply;
(b)	the modifications prescribed in paragraphs 3A, 3B, 7, 8, 9, 10, 11, 12, 14, 16 and 17 apply.

(2) For the purposes of section 12(3) of the principal Act, sections 115 to 123 of the Employment Act 1968 apply in relation to a claim lodged before 1 April 2017 under section 119 of the Employment Act 1968, with the following exceptions, adaptations and modifications:

(a)	sections 116 and 121 of the Employment Act 1968 do not apply (called in this sub-paragraph the excluded provisions);
(b)	sections 115 to 123 of the Employment Act 1968 (other than the excluded provisions) are to be read with the Second Schedule to that Act;
(c)	the modifications prescribed in paragraph 4 apply;
(d)	the specified subsidiary legislation apply.

(3) In sub-paragraph (2)(d), “specified subsidiary legislation” means —

(a)	the Employment (Notes of Evidence — Fees) Regulations (Rg 2); and
(b)	the Employment (Prescribed Form) Regulations (Rg 4). [S 227/2025 wef 01/04/2025]

Modification of section 103 of Employment Act 1968

3A. Section 103 of the Employment Act 1968 shall apply with the following modifications:

(a)	the reference to “an offence under this Act” in subsection (1)(a) shall be read as a reference to an offence under section 12AA, 12B, 12D, 12DA, 12E, 12H or 17 of the principal Act; [S 227/2025 wef 01/04/2025]
(b)	the reference to “the provisions of this Act” in subsection (1)(b), (c), (d) and (g) shall be read as a reference to the applicable provisions of the Employment Act and Part 3 and section 17 of the principal Act; and [S 227/2025 wef 31/12/2021]
(c)	the reference to “this Act” in subsection (1)(h) shall be read as a reference to the applicable provisions of the Employment Act and Part 3 and section 17 of the principal Act. [S 284/2013 wef 01/05/2013] [S 227/2025 wef 31/12/2021]

Modification of sections 104 and 107 of Employment Act 1968

3B. Sections 104 and 107 of the Employment Act 1968 shall apply with the reference to “section 103” wherever they appear in those provisions read as a reference to that section as modified by paragraph 3A.

[S 284/2013 wef 01/05/2013]

[S 227/2025 wef 31/12/2021]

Modification of section 115 of Employment Act 1968

4. Section 115 of the Employment Act 1968 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), (1A) or (1B) 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 [S 714/2016 wef 01/01/2017]
(B)	any matter under sections 77 to 86 of the Employment Act 1968 as made applicable by section 12 of the principal Act; [S 227/2025 wef 31/12/2021]

(ii)

any dispute between a female employee to whom section 12AA of the principal Act applies and her employer relating to the female employee’s entitlement to adoption leave or to pay under that section or under any term of the contract of service between the female employee and her employer, as the case may be;

[S 284/2013 wef 01/05/2013]

(iii)

any dispute between an employee to whom section 12B of the principal Act applies and his employer relating to his entitlement to childcare or extended childcare leave or to pay under that section or under any term of the contract of service between him and his employer, as the case may be;

[S 284/2013 wef 01/05/2013]

(iv)

any dispute between an employee to whom section 12D of the principal Act applies and his employer relating to his entitlement to unpaid infant care leave under that section or under any term of the contract of service between him and his employer, as the case may be;

[S 284/2013 wef 01/05/2013]

(v)

any dispute between an employee to whom section 12E of the principal Act applies and his employer relating to the employee’s entitlement to shared parental leave or to pay under that section or under any term of the contract of service between him and his employer, as the case may be; or

[S 284/2013 wef 01/05/2013]

(vi)

any dispute between a male employee to whom section 12H of the principal Act applies and his employer relating to the male employee’s entitlement to paternity leave or to pay under that section or under any term of the contract of service between the male employee and his employer, as the case may be; and

[S 284/2013 wef 01/05/2013]

(b)

subsection (3) shall be disregarded.

[S 227/2025 wef 31/12/2021]

5. [Deleted by S 551/2008 wef 31/10/2008]

6. [Deleted by S 551/2008 wef 31/10/2008]

Modification of section 124 of Employment Act 1968

7. Section 124(1) of the Employment Act 1968 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 12AA, 12B, 12D, 12DA, 12E, 12H or 17 of the principal Act;

[S 284/2013 wef 01/05/2013]

[S 227/2025 wef 01/04/2025]

(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;
(ii)	any matter under sections 77 to 82, 84, 84A and 86 of the Employment Act 1968 as made applicable by section 12 of the principal Act; [S 227/2025 wef 31/12/2021] [S 227/2025 wef 01/04/2025]
(iii)	the entitlement of a female employee to adoption leave or to pay under section 12AA of the principal Act; [S 284/2013 wef 01/05/2013]
(iv)	the entitlement of an employee to childcare or extended childcare leave or to pay under section 12B of the principal Act; [S 284/2013 wef 01/05/2013]
(v)	the entitlement of an employee to unpaid infant care leave under section 12D of the principal Act; [S 284/2013 wef 01/05/2013]
(vi)	the entitlement of an employee to shared parental leave or to pay under section 12DA or 12E of the principal Act; or [S 284/2013 wef 01/05/2013] [S 227/2025 wef 01/04/2025]
(vii)	the entitlement of a male employee to paternity leave or to pay under section 12H of the principal Act; [S 284/2013 wef 01/05/2013]

(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, 12AA, 12B, 12D, 12DA, 12E or 12H of the principal Act or sections 77 to 82, 84, 84A and 86 of the Employment Act 1968 as made applicable by section 12 of the principal Act.

[S 284/2013 wef 01/05/2013]

[S 227/2025 wef 31/12/2021]

[S 227/2025 wef 01/04/2025]

Modification of section 125 of Employment Act 1968

8. Section 125 of the Employment Act 1968 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 an employee and employees, respectively.

[S 227/2025 wef 31/12/2021]

Modification of section 126 of Employment Act 1968

9. Section 126 of the Employment Act 1968 shall apply with the following modifications:

(a)	the reference to “an employee or a subcontractor for labour” shall be read as a reference to an employee only; and
(b)	the reference to “this Act” shall be read as a reference to the applicable provisions of the Employment Act and sections 12AA, 12B, 12D, 12DA, 12E, 12H and 17 of the principal Act. [S 284/2013 wef 01/05/2013] [S 227/2025 wef 31/12/2021] [S 227/2025 wef 01/04/2025]

Modification of sections 127, 130, 132 and 134 of Employment Act 1968

10. Sections 127, 130, 132 and 134 of the Employment Act 1968 shall apply with the references to “this Act” in those provisions read as references to the applicable provisions of the Employment Act and sections 12AA, 12B, 12D, 12DA, 12E, 12H and 17 of the principal Act.

[S 284/2013 wef 01/05/2013]

[S 227/2025 wef 31/12/2021]

[S 227/2025 wef 01/04/2025]

Modification of section 129 of Employment Act 1968

11. Section 129 of the Employment Act 1968 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 12AA, 12B, 12D, 12DA, 12E, 12H or 17 of the principal Act. [S 551/2008 wef 31/10/2008] [S 284/2013 wef 01/05/2013] [S 227/2025 wef 31/12/2021] [S 227/2025 wef 01/04/2025]

Modification of section 131 of Employment Act 1968

12. Section 131 of the Employment Act 1968 shall be modified to read as follows:

“Onus of proof

131. In all proceedings under Part 15 of the Employment Act 1968 (other than sections 116 and 121), the onus of proving that he is not an employer to whom section 9, 12AA, 12B, 12D, 12DA, 12E or 12H of the principal Act applies shall be on the person who alleges that he is not the employer.”.

[S 284/2013 wef 01/05/2013]

[S 227/2025 wef 31/12/2021]

[S 227/2025 wef 01/04/2025]

13. [Deleted by S 551/2008 wef 31/10/2008]

Modification of section 133 of Employment Act 1968

14. Section 133 of the Employment Act 1968 shall apply with the reference to “this Act” read as a reference to the applicable provisions of the Employment Act.

[S 227/2025 wef 31/12/2021]

15. [Deleted by S 551/2008 wef 31/10/2008]

Modification of section 135 of Employment Act 1968

16. Section 135 of the Employment Act 1968 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 12AA, 12B, 12D, 12DA, 12E, 12H or 17 of the principal Act; and [S 284/2013 wef 01/05/2013] [S 227/2025 wef 01/04/2025]
(b)	the reference to “compensation or damages” shall be disregarded. [S 551/2008 wef 31/10/2008] [S 227/2025 wef 31/12/2021]

Modification of section 136 of Employment Act 1968

17. Section 136 of the Employment Act 1968 shall apply with the reference to “the provisions of this Act” read as a reference to section 12AA, 12B, 12D, 12DA, 12E, 12H or 17 of the principal Act.

[S 551/2008 wef 31/10/2008]

[S 284/2013 wef 01/05/2013]

[S 227/2025 wef 31/12/2021]

[S 227/2025 wef 01/04/2025]

18. [Deleted by S 700/2008 wef 01/01/2009]

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