Employment Act 1968
Employment Act 1968
PART 1
PRELIMINARY
Section
1. Short title
2. Interpretation
3. Appointment of officers
4. Rules and orders
5. Minister may restrict application
6. Existing law not affected
7. [Repealed]
PART 2
CONTRACTS OF SERVICE
8. Illegal terms of contract of service
9. Termination of contract
10. Notice of termination of contract
11. Termination of contract without notice
12. Contractual age
13. When contract deemed to be broken by employer and employee
14. Dismissal
15. Termination by employee threatened by danger
16. Liability on breach of contract
17. Contract of service not to restrict rights of employees to join,
participate in or organise trade unions
18. Change of employer
18A. Transfer of employment
19. Offence
PART 3
PAYMENT OF SALARY
20. Fixation of salary period
20A. Computation of salary for incomplete month’s work
1
PART 4
REST DAYS, HOURS OF WORK AND OTHER
CONDITIONS OF SERVICE
35. Application of this Part to certain workmen and other employees
36. Rest day
37. Work on rest day
38. Hours of work
39. Task work
40. Shift workers, etc.
41. Interpretation of “week” for purposes of sections 36, 38 and 40
41A. Power to exempt
42. [Repealed]
43. [Repealed]
44. [Repealed]
45. Payment of retrenchment benefit
46. Retirement benefit
47. Priority of retirement benefits, etc.
48. Payment of annual wage supplement or other variable payment
49. Power of Minister to make recommendations for wage
adjustments
50. Interpretation for purposes of sections 48 and 49
51. [Repealed]
52. Power to suspend application of this Part
53. Offence
PART 5
TRUCK SYSTEM
Section
54. Agreements to pay salary otherwise than in legal tender illegal
55. Agreements as to place and manner, etc., of spending salary
illegal
56. Salary to be paid entirely in legal tender
57. Recovery of salary not paid in legal tender
58. Interest on advances forbidden
59. Remuneration other than salary
60. Shops and canteens
61. Offence
62. [Repealed]
63. Payment of salary through bank
64. Limitations on application of this Part
PART 6
CONTRACTORS AND CONTRACTING
65. Liability of principals, contractors and subcontractors for salary
of workman
66. Registration of contractors and subcontractors
PART 6A
PART-TIME EMPLOYEES
66A. Part-time employees
66B. Minister may exclude or modify Act in relation to part-time
employees
PART 7
DOMESTIC WORKERS
67. Minister may apply Act to domestic workers
PART 8
EMPLOYMENT OF CHILDREN AND YOUNG PERSONS
67A. Interpretation of this Part
68. Restriction on employment of children
69. Restriction on employment of young persons
PART 9
MATERNITY PROTECTION AND BENEFITS
AND CHILDCARE LEAVE FOR PARENT
76. Length of benefit period
77. Payments to include holidays, etc.
78. When payment is to be made
79. Payment of benefit on death of female employee before
confinement
80. Notice of confinement
81. Dismissal during absence prohibited
82. Employment after confinement
83. Forfeiture of payment
84. Right to benefit unaffected by notice of dismissal given without
sufficient cause
84A. Right to benefit unaffected by notice of dismissal given on
ground of redundancy or by reason of reorganisation of
employer’s profession, business, trade or work
85. [Repealed]
86. Contracting out
87. Offences and penalties
87A. Childcare leave for parent
PART 10
HOLIDAY, ANNUAL LEAVE AND SICK
LEAVE ENTITLEMENTS
88. Holidays
88A. Annual leave
89. Sick leave
90. Offence
PART 11
[REPEALED]
Section
91. [Repealed]
92. [Repealed]
93. [Repealed]
94. [Repealed]
PART 12
REGISTERS, RETURNS AND OTHER
DOCUMENTARY REQUIREMENTS
95. Employers’ obligation in relation to employee records
95A. Employers’ obligation to give record of key employment terms
96. Employers’ obligation in relation to pay slips
96A. Employer’s obligation to furnish information on retrenchment of
employees
97. Returns
98. Commissioner may call for further returns
99. Power to call for returns, books, etc.
100. [Repealed]
101. Offence
102. Returns not to be published or disclosed
PART 13
INSPECTION AND ENQUIRY
103. Powers of Commissioner and inspecting officers
104. Notice to employer by Commissioner or inspecting officer of
inspection or visit
105. Power to arrest without warrant
105A. How to arrest
105B. No unnecessary restraint
105C. Search of persons arrested
105D. Inspecting officer to be armed
105E. Power to seize offensive weapons
105F. Power on escape to pursue and arrest
106. Inspecting officer not to reveal secrets
106A. Disposal of documents, articles, etc.
107. Offence
PART 15
CLAIMS, COMPLAINTS AND INVESTIGATIONS
INTO OFFENCES
115. Commissioner’s power to inquire into complaints
116. Prohibiting order by Commissioner to third party
117. Right of appeal
118. Fees and enforcement of orders
119. Procedure for making and hearing claims
120. Representation before Commissioner
121. Joining of claims
122. Jurisdiction of courts not affected
123. No division of claims
124. Investigations of complaints and offences
125. Procedure after inquiry
126. Costs of proceedings
PART 15A
ADMINISTRATIVE PENALTIES
126A. Civil contraventions
126B. Payment of administrative penalty
126C. Appeal, etc.
126D. Directions
PART 16
PROCEDURE AND REGULATIONS
Section
127. Officers to be public servants
127A. Protection from personal liability
128. Place of employment deemed to be public place
129. Jurisdiction of Magistrates’ and District Courts
130. Right to hearing
131. Onus of proof
132. Civil proceedings not barred
133. Power to deal with evidence taken down by another officer
134. Application of fines
135. Imprisonment to be in discharge of fine, compensation, etc.
136. Recovery of money as fines
137. Service of requisitions and summons
138. Power to make reciprocal provisions with Malaysia for service,
execution and enforcement of summonses, warrants and orders
139. Power to make regulations
140. Amendment of Schedules
First Schedule — Workmen
Second Schedule — Registration fee
Third Schedule — Calculation of gross and basic rates of
pay of an employee employed on
a monthly rate or on piece rates
Fourth Schedule — Employee’s hourly basic rate of pay for
calculation of payment due for overtime
Fifth Schedule — Number of days on which a female
employee is entitled to absent herself
from work under section 76(1)(c)(ii)
PART 1
PRELIMINARY
Short title
1. This Act is the Employment Act 1968.
Appointment of officers
3.—(1) The Minister may appoint an officer as the Commissioner
for Labour (called in this Act the Commissioner) and also one or
more officers as Deputy Commissioner for Labour, Principal
Assistant Commissioner for Labour or Assistant Commissioner for
Labour, who, subject to such limitations as may be prescribed, may
perform all duties imposed and exercise all powers conferred on the
Commissioner by this Act, and every duty so performed and power so
exercised is deemed to have been duly performed and exercised for
the purposes of this Act.
PART 2
CONTRACTS OF SERVICE
Illegal terms of contract of service
8. Every term of a contract of service which provides a condition of
service which is less favourable to an employee than any of the
conditions of service prescribed by this Act is illegal and void to the
extent that it is so less favourable.
Termination of contract
9.—(1) A contract of service for a specified piece of work or for a
specified period of time, unless otherwise terminated in accordance
with the provisions of this Part, terminates when the work specified in
the contract is completed or the period of time for which the contract
was made has expired.
(2) A contract of service for an unspecified period of time is
deemed to run until terminated by either party in accordance with the
provisions of this Part.
Contractual age
12.—(1) Despite any other written law, a person below 18 years of
age is, subject to the provisions of this Act, competent to enter into a
contract of service.
(2) No contract of service as an employee is enforceable against a
person below 18 years of age and no damages or indemnity are
recoverable from that person in respect of the contract of service
unless it is for his or her benefit.
Dismissal
14.—(1) An employer may after due inquiry dismiss without notice
an employee employed by the employer on the grounds of
misconduct inconsistent with the fulfilment of the express or
implied conditions of the employee’s service, except that instead of
dismissing an employee an employer may —
(a) instantly down-grade the employee; or
(b) instantly suspend the employee from work without
payment of salary for a period not exceeding one week.
[26/2013]
(3) If a Tribunal hearing the claim is satisfied that the employee has
been dismissed without just cause or excuse, the Tribunal may,
despite any rule of law or agreement to the contrary —
(a) in a claim for reinstatement of the employee in his or her
former employment, direct the employer —
(i) to reinstate the employee in the employee’s former
employment; and
(ii) to pay the employee an amount equivalent to the
wages that the employee would have earned, if the
employee had not been dismissed; or
(b) in a claim for compensation, direct the employer to pay, as
compensation to the employee, an amount of wages
determined by the Tribunal.
[55/2018]
Transfer of employment
18A.—(1) If an undertaking (whether or not it is an undertaking
established by or under any written law) or part thereof is transferred
from one person to another —
(a) such transfer does not operate to terminate the contract of
service of any person employed by the transferor in the
undertaking or part transferred but such contract of service
has effect after the transfer as if originally made between
the person so employed and the transferee; and
(b) the period of employment of an employee in the
undertaking or part transferred at the time of transfer
counts as a period of employment with the transferee, and
the transfer does not break the continuity of the period of
employment.
Offence
19. Any employer who enters into a contract of service or collective
agreement contrary to the provisions of this Part shall be guilty of an
offence.
PART 3
PAYMENT OF SALARY
Fixation of salary period
20.—(1) An employer may fix periods (called for the purpose of
this Act salary periods) in respect of which salary earned is payable.
(2) A salary period must not exceed one month.
(3) In the absence of a salary period so fixed, the salary period is
deemed to be one month.
Payment on dismissal
22. Subject to the provisions of this Act, the total salary and any
sum due to an employee who has been dismissed must be paid on the
day of dismissal or, if this is not possible, within 3 days thereafter, not
being a rest day or public holiday or other holiday.
[32/2008]
Authorised deductions
27.—(1) The following deductions may be made from the salary of
an employee:
(a) deductions for absence from work;
(b) deductions for damage to or loss of goods expressly
entrusted to an employee for custody or for loss of money
for which an employee is required to account, where the
damage or loss is directly attributable to the employee’s
neglect or default;
(c) [Deleted by Act 55 of 2018]
(d) deductions made with the employee’s written consent for
house accommodation supplied by the employer;
(e) deductions made with the employee’s written consent for
such amenities and services supplied by the employer as
the Commissioner may authorise;
(f) any deduction for the recovery of any advance, loan or
unearned employment benefit, or for the adjustment of any
overpayment of salary;
(g) [Deleted by Act 26 of 2013]
(h) deductions of contributions payable by an employer on
behalf of an employee under and in accordance with the
provisions of the Central Provident Fund Act 1953;
(i) any deduction (other than a deduction mentioned in
paragraphs (a) to (h), (j) and (k)) made with the
employee’s written consent;
section 27(1)(d) and (e) made from an employee’s salary by his or her
employer in any one salary period must not in any case exceed
one-quarter (or such other proportion prescribed in substitution by the
Minister) of the salary payable to the employee in respect of that
period.
[26/2013]
(2) Subsection (1) does not apply to deductions made from the last
salary due to an employee on termination of his or her contract of
service or on completion of his or her contract of service.
Offence
34.—(1) Any employer who fails to pay salary in accordance with
the provisions of this Part shall be guilty of an offence.
[26/2013]
Rest day
36.—(1) Every employee must be allowed in each week a rest day
without pay of one whole day which must be Sunday or such other
day as the employer may determine from time to time.
(2) The employer may substitute any continuous period of 30 hours
as a rest day for an employee engaged in shift work.
(3) 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, the rest day is
deemed to have been granted within the week even though the period
of 30 hours ends after the week.
(4) Where an employee’s rest day is determined by his or her
employer, the employer must prepare or cause to be prepared a roster
before the commencement of the month in which the rest days fall
Hours of work
38.—(1) Except as hereinafter provided, an employee must not be
required under his or her contract of service to work —
(a) more than 6 consecutive hours without a period of leisure;
(b) more than 8 hours in one day or more than 44 hours in one
week:
Provided that —
(c) an employee who is engaged in work which must be
carried on continuously may be required to work for
8 consecutive hours inclusive of a period or periods of not
less than 45 minutes in the aggregate during which he or
she must have the opportunity to have a meal;
(d) where, by agreement under the contract of service between
the employee and the employer, the number of hours of
work on one or more days of the week is less than 8, the
limit of 8 hours in one day may be exceeded on the
remaining days of the week, but so that no employee is
required to work for more than 9 hours in one day or
44 hours in one week;
(e) 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 is required to work more
than 9 hours in one day or 44 hours in one week; and
(f) 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 is required to work for more than
48 hours in one week or for more than 88 hours in any
continuous period of 2 weeks.
(2) An employee may be required by his or her employer to exceed
the limit of hours prescribed in subsection (1) and to work on a rest
day, in the case of —
(a) accident, actual or threatened;
(b) work, the performance of which is essential to the life of
the community;
Task work
39. Nothing in this Part prevents any employer from agreeing with
any employee that the employee’s salary be paid at an agreed rate in
accordance with the task, that is, the specific amount of work required
to be performed, and not by the day or by the piece.
(4) Section 38(4) does not apply to any employee to whom this
section applies, but any such employee who at the request of his or
her employer works more than an average of 44 hours per week over
any continuous period of 3 weeks must be paid for the extra work in
accordance with section 38(4).
Power to exempt
41A.—(1) The Commissioner may, after considering the
operational needs of the employer and the health and safety of the
employee or class of employees, by written order exempt an
employee or any class of employees from sections 38(1), (5) and
(8) and 40(3) subject to such conditions as the Commissioner thinks
fit.
(2) The Commissioner may, after considering the operational needs
of an employer and the interests of an employee or a class of
Retirement benefit
46. No employee who has been in continuous service with an
employer for less than 5 years is entitled to any retirement benefit
other than the sums payable under the Central Provident Fund
Act 1953 on the cessation of his or her service with the employer.
(c) the debts which, under the repealed section 328 of the
Companies Act 1967 (as applied by section 130 of the
VCC Act as in force before the operative date), are to be
paid in priority to all other unsecured debts in the winding
up of a VCC and that gratuity or sum of money ranks after
the preferential debts mentioned in that section;
[S 26/2022 wef 13/01/2022]
(e) the debts which, under the repealed section 328 of the
Companies Act 1967 (as applied by section 33(2) of the
VCC Act read with the First Schedule to the VCC Act as in
force before the operative date) are to be paid in priority to
all other unsecured debts in the winding up of a sub-fund of
an umbrella VCC, and that gratuity or sum of money ranks
after the preferential debts mentioned in that section; or
[S 26/2022 wef 13/01/2022]
(4) Any sum of money payable under subsection (2) is deemed, for
the purposes of subsection (1), to be a payment to an employee on his
or her retirement and is to be included among the debts referred to in
subsection (1)(a) or (b).
(5) In this section —
“award” means an award made by the Industrial Arbitration
Court under the provisions of the Industrial Relations
Act 1960;
“collective agreement” means a collective agreement, a
memorandum of which has been certified by the Industrial
Arbitration Court in accordance with the provisions of the
Industrial Relations Act 1960;
[S 26/2022 wef 13/01/2022]
Offence
53. Any employer who employs any person as an employee
contrary to the provisions of this Part or fails to pay any salary in
accordance with the provisions of this Part shall be guilty of an
offence and shall be liable on conviction to a fine not exceeding
$5,000, and for a second or subsequent offence to a fine not
PART 5
TRUCK SYSTEM
Agreements to pay salary otherwise than in legal tender illegal
54. 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.
Offence
61. Any employer who enters into any contract of service or gives
any remuneration for service contrary to the provisions of this Part or
declared by this Part to be illegal or receives any payment from any
workman contrary to the provisions of this Part or contravenes
section 60(2) shall be guilty of an offence and shall be liable on
conviction to a fine not exceeding $5,000, and for a second or
subsequent offence to a fine not exceeding $10,000 or to
imprisonment for a term not exceeding 12 months or to both.
62. [Repealed by Act 32 of 2008]
PART 6
CONTRACTORS AND CONTRACTING
Liability of principals, contractors and subcontractors for
salary of workman
65.—(1) 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
PART 7
DOMESTIC WORKERS
Minister may apply Act to domestic workers
67. The Minister may, by notification in the Gazette, apply all or
any of the provisions of this Act with such modification as may be set
out in the notification to all domestic workers or to any group, class or
number of domestic workers and may make regulations to provide
generally for the engagement and working conditions of domestic
workers.
PART 8
EMPLOYMENT OF CHILDREN AND YOUNG PERSONS
Interpretation of this Part
67A. In this Part —
“child” means a person who has not completed his or her
15th year of age;
Conditions of employment
70. 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.
Approved employment
72.—(1) Sections 68 and 69 do not apply —
(a) to the employment of children and young persons —
(i) in work approved and supervised by the Ministry of
Education or the Institute of Technical Education,
Singapore; and
(ii) carried on in any technical, vocational or industrial
training school or institute; and
(b) to the employment of young persons under any
apprenticeship programme approved and supervised by
the Institute of Technical Education, Singapore.
(2) For the purposes of this section, the Institute of Technical
Education, Singapore means the Institute of Technical Education,
Singapore established under the Institute of Technical Education
Act 1992.
Offence
74. Any person who employs a child or young person in
contravention of the provisions of this Part or any of the
regulations made under this Part and any parent or guardian who
knowingly or negligently suffers or permits such employment shall
be guilty of an offence and shall be liable on conviction to a fine not
exceeding $5,000 or to imprisonment for a term not exceeding 2 years
or to both, except in the case where a child or young person suffers
serious injury or death resulting from any breach of the provisions of
this Part or any regulations made under this Part the offender shall be
punished with a fine of $5,000 and shall also be liable to
imprisonment for a term not exceeding 2 years.
PART 9
MATERNITY PROTECTION AND BENEFITS
AND CHILDCARE LEAVE FOR PARENT
Length of benefit period
76.—(1) Subject to this section, every female employee is entitled
to absent herself from work —
(a) during —
(i) the period of 4 weeks immediately before her
confinement; and
(ii) the period of 8 weeks immediately after her
confinement;
(b) during a period of 12 weeks, as agreed to by her and her
employer, commencing —
(1A) Subject to this section and section 77, every female employee
is entitled to receive payment from her employer at her gross rate of
pay for any of the following periods (called in this Part the benefit
period):
(a) where subsection (1)(a) applies, the period of 4 weeks
referred to in subsection (1)(a)(i) and the first 4 weeks of
the period referred to in subsection (1)(a)(ii);
(b) where subsection (1)(b) applies, the first 8 weeks of the
period referred to in subsection (1)(b);
(c) where subsection (1)(c) applies, the period of 8 weeks
referred to in subsection (1)(c)(i).
[27/2015]
served her employer for less than 90 days immediately preceding the
day of her confinement.
[12/2013]
Notice of confinement
80.—(1) A female employee must, 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.
Forfeiture of payment
83. If a female employee works for any other employer after she has
absented herself from work under the provisions of this Part, she
forfeits her claim to any payment to which she is entitled under this
Part and is liable to dismissal.
(1A) In any case where there are 2 or more estimated delivery dates
(each certified by a medical practitioner) for the confinement of a
female employee, the estimated delivery date that is relevant for the
purposes of subsection (1) is the estimated delivery date —
(a) which is certified by a medical practitioner before the
notice of dismissal is given by her employer; and
(2) In any case where there are 2 or more estimated delivery dates
(each certified by a medical practitioner) for the confinement of a
female employee, the estimated delivery date that is relevant for the
purposes of subsection (1) is the estimated delivery date —
(a) which is certified by a medical practitioner before the
notice of dismissal is given by her employer; and
(b) the date of such certification of which is closest to the date
the notice of dismissal is given.
(3) The payment referred to in subsection (1) is in addition to any
retrenchment benefit or other payment to which the female employee
Contracting out
86. Any contract of service whereby a female employee
relinquishes any right to maternity benefit under this Part is void
insofar as it purports to deprive her of that right or to remove or
reduce the liability of any employer to make any payment under this
Part.
PART 10
HOLIDAY, ANNUAL LEAVE AND SICK
LEAVE ENTITLEMENTS
[55/2018]
Holidays
88.—(1) Every employee is entitled to a paid holiday at his or her
gross rate of pay on a public holiday that falls during the time that he
or she is employed, subject to the following:
(a) by agreement between the employer and the employee any
other day or days may be substituted for any one or more
public holidays;
(b) if any public holiday falls on a rest day, the working day
next following that rest day is a paid holiday;
(c) if any public holiday falls on a day when the employee is
not required to work under his or her contract of service,
the employer may either pay the employee for that holiday
at his or her gross rate of pay or give the employee a day off
in substitution for that holiday.
[27/2015]
(4A) Despite subsections (1) and (4), where any employee (other
than an employee to whom Part 4 applies by virtue of section 35(b) or
who is a workman mentioned in section 35(a)) is required by his or
her employer to work on any public holiday to which the employee
would otherwise be entitled under subsection (1), the employee must
be paid the gross rate of pay for that day and may be given the
following, in lieu of a day off in substitution for that holiday or an
extra day’s salary at the basic rate of pay:
(a) part of a day off on a working day comprising such number
of hours as may be agreed between the employee and his or
her employer;
(b) in the case where there is no such agreement —
(i) part of a day off on a working day comprising 4 hours
if the employee worked on that holiday for a period
not exceeding 4 hours; or
(ii) a day off on a working day if the employee worked
on that holiday for a period of more than 4 hours.
[26/2013; 27/2015; 55/2018]
(7) For the purposes of this section if any public holiday falls on a
half working day, the gross or basic rate of pay payable is that of a full
working day.
[27/2015]
Annual leave
88A.—(1) An employee who has served an employer for a period
of not less than 3 months is, in addition to the rest days, holidays and
sick leave to which the employee is entitled under sections 36, 88 and
89, respectively, entitled to the following:
(a) 7 days of paid annual leave, for the first 12 months of
continuous service with the same employer;
(b) subject to paragraph (c), an additional one day of paid
annual leave, for every subsequent 12 months of
continuous service with the same employer;
(c) a maximum of 14 days of paid annual leave.
[55/2018]
Sick leave
89.—(1) Any employee who has served an employer for a period of
not less than 6 months is entitled, after examination by a medical
practitioner, to such paid sick leave, as may be certified by the
medical practitioner, not exceeding in the aggregate —
(a) if no hospitalisation is necessary, 14 days in each year; or
(b) if hospitalisation is necessary, the lesser of the following:
(i) 60 days in each year;
(ii) the aggregate of 14 days plus the number of days on
which the employee is hospitalised.
[55/2018]
(5) The employer must pay the employee for every day of such sick
leave —
(a) where no hospitalisation is necessary, at the gross rate of
pay excluding any allowance payable in respect of shift
work; and
(b) where hospitalisation is necessary, at the gross rate of pay.
(6) Despite subsection (5), an employee is not entitled to paid sick
leave on a rest day or on a holiday to which he or she is entitled under
section 36 or 88 respectively or on any day of paid annual leave or on
a day when he or she is not required to work under his or her contract
of service or on a day when he or she is on leave of absence without
pay granted by the employer at the employee’s request.
(7) An employee is not entitled to paid sick leave for the period
during which he or she is receiving or is entitled to receive
compensation for temporary incapacity under paragraph 4 of the
First Schedule to the Work Injury Compensation Act 2019 or
paragraph 4 of the Third Schedule to the Work Injury Compensation
Act (Cap. 354, 2009 Revised Edition) repealed by that Act.
[27/2019]
Offence
90.—(1) Any employer who employs any person as an employee
contrary to the provisions of this Part or fails to pay any salary in
accordance with the provisions of this Part shall be guilty of an
offence and shall be liable on conviction to a fine not exceeding
$5,000, and for a second or subsequent offence to a fine not
PART 11
91. [Repealed by Act 32 of 2008]
92. [Repealed by Act 32 of 2008]
93. [Repealed by Act 32 of 2008]
94. [Repealed by Act 32 of 2008]
PART 12
REGISTERS, RETURNS AND OTHER
DOCUMENTARY REQUIREMENTS
Employers’ obligation in relation to employee records
95.—(1) An employer must make, and keep for the period
prescribed (called in this section the record retention period),
employee records containing the prescribed particulars for —
(a) every employee the employer employs; and
(b) every former employee of the employer.
[27/2015]
(4) To avoid doubt, subsection (3) does not limit any other manner
of giving to an employee a written record of the key employment
terms of the employee.
[27/2015]
(6) The Minister may, by order in the Gazette and subject to such
conditions as are specified in the order, exempt from any provision in
this section —
(a) any class of employers specified in the order, in respect of
all employees; or
(b) all employers or any class of employers, in respect of any
class of employees, specified in the order.
[27/2015]
(5) The Minister may, by order in the Gazette and subject to such
conditions as are specified in the order, exempt from any provision in
this section —
(a) any class of employers specified in the order, in respect of
all employees; or
(b) all employers or any class of employers, in respect of any
class of employees, specified in the order.
[27/2015]
Returns
97.—(1) The Commissioner may, by notification in the Gazette,
require any employer or class of employers to forward to the
Commissioner at such time or times as may be specified in the
notification a return in such form or forms as the Commissioner may
approve giving the particulars and information prescribed therein,
and any such employer must furnish the particulars and information
so prescribed.
(2) A person is not bound to furnish any particulars or information
other than such as are accessible to the person in the course of or
derivable from any profession, business, trade or work in the conduct
or supervision of which that person is engaged.
Offence
101.—(1) Any employer who —
(a) wilfully refuses or without lawful excuse (the proof of
which is to lie on the employer) neglects to furnish the
particulars or information required within the time allowed
for furnishing the particulars and information, or to furnish
the particulars and information in the form specified or
prescribed, or to authenticate the particulars and
information at the place or in the manner specified or
prescribed for the delivery thereof;
(b) wilfully furnishes or causes to be furnished any false
particulars or information in respect of any matter
specified in the notice requiring particulars or
information to be furnished; or
PART 13
INSPECTION AND ENQUIRY
Powers of Commissioner and inspecting officers
103.—(1) The Commissioner or any inspecting officer has, for the
purposes of this Act, power to do all or any of the following:
(a) to enter and search, by day or by night, any premises or part
thereof when he or she has reasonable cause to believe that
evidence of the commission of an offence under this Act or
of a civil contravention can be found therein;
(aa) to enter without previous notice at any reasonable time any
place of employment for the purpose of conducting any
audit in relation to the terms and conditions of employment
of any employee;
(b) to examine orally any person reasonably believed to be
acquainted with the facts and circumstances relevant to the
(2) Any inspecting officer may arrest without warrant any person
who is an officer or a member of a body corporate or an
unincorporated association or a partner of a partnership and whom
the inspecting officer reasonably suspects has consented to, connived
in or due to neglect on that person’s part caused the commission of an
offence mentioned in subsection (1)(a).
[26/2013]
(5) Any person who has been arrested by an inspecting officer may
be released on bail, or on his or her own bond, by an inspecting
officer.
[26/2013]
How to arrest
105A.—(1) In making an arrest, an inspecting officer making the
arrest must touch or confine the body of the person to be arrested
unless the person submits to arrest by word or action.
[26/2013]
No unnecessary restraint
105B.—(1) The person arrested must not be subjected to more
restraint than is necessary to prevent his or her escape.
[26/2013]
(3) The handcuffs or similar means of restraint must not be used for
the purpose of punishment.
[26/2013]
that the inspecting officer has reason to believe were connected with
the offence for which the person is being arrested.
[26/2013]
Offence
107. Any person who —
(a) without reasonable excuse, neglects or refuses to produce
any document or article as required under section 103;
(b) makes to the Commissioner or an inspecting officer
exercising the powers under section 103 a statement,
either orally or in writing, which is false in a material
particular; or
(c) otherwise hinders or obstructs the Commissioner or an
inspecting officer in the exercise of the powers under
section 103,
shall be guilty of an offence and shall be liable on conviction to a fine
not exceeding $5,000 or to imprisonment for a term not exceeding
6 months or to both.
PART 14
GENERAL
Calculation of gross and basic rates of pay of employee
employed on monthly rate or piece rates
107A.—(1) The gross rate of pay per day of an employee employed
on a monthly rate or on piece rates is to be calculated in accordance
with the second column of the Third Schedule.
(2) The basic rate of pay per day of an employee employed on a
monthly rate or on piece rates is to be calculated in accordance with
the third column of the Third Schedule.
Penalties
112. Any person who is guilty of any breach or any offence under
this Act for which no penalty is otherwise provided shall be liable on
conviction to a fine not exceeding $5,000 or to imprisonment for a
term not exceeding 6 months or to both, and for a subsequent offence
under the same section to a fine not exceeding $10,000 or to
imprisonment for a term not exceeding 12 months or to both.
Abetment of offences
112A. Any person who abets the commission of an offence under
this Act shall be guilty of the offence and shall be liable on conviction
to be punished with the punishment provided for that offence.
[26/2013]
(5) For the purposes of this section, where an offence under this Act
has been committed by a body corporate, an unincorporated
association (other than a partnership) or a partnership, it is
presumed, until the contrary is proved, that the offence is
attributable to the neglect of an officer or a member of the body
corporate or unincorporated association or a partner of the
partnership (as the case may be) who —
(a) is primarily responsible for the act or omission which
constitutes the offence; and
PART 15
CLAIMS, COMPLAINTS AND INVESTIGATIONS
INTO OFFENCES
Commissioner’s power to inquire into complaints
115.—(1) Subject to this section, the Commissioner may inquire
into and decide any dispute between an employee and his or her
employer or any person liable under the provisions of this Act to pay
any salary due to the employee where the dispute arises out of any
term in the contract of service between the employee and his or her
employer or out of any of the provisions of this Act, and pursuant to
that decision may make an order in the prescribed form for the
payment by either party of such sum of money as the Commissioner
considers just without limitation of the amount thereof.
(1A) The Commissioner must not inquire into or decide a dispute
mentioned in subsection (1) unless —
(a) the dispute is of a type prescribed by regulations made
under section 139; or
(b) a claim is lodged under section 119, in relation to the
dispute, before 1 April 2017.
[21/2016]
(2) The Commissioner must not inquire into any dispute in respect
of matters arising earlier than one year from the date of lodging a
claim under section 119 or the termination of the contract of service
of or by the person claiming under that section:
Provided that the person claiming in respect of matters arising
out of or as the result of a termination of a contract of service has
lodged a claim under section 119 within 6 months of the termination
of the contract of service.
(2A) The Commissioner may direct the parties to a dispute
mentioned in subsection (1) to attend a mediation conducted by an
approved mediator (as defined in section 2(1) of the Employment
Claims Act 2016) or a conciliation officer (as defined in section 2 of
the Industrial Relations Act 1960).
[21/2016]
Right of appeal
117.—(1) Where any person interested is dissatisfied with the
decision or order of the Commissioner, the person may, within
14 days after the decision or order, appeal to the General Division of
the High Court from the decision or order.
[2/2012; 40/2019]
Joining of claims
121.—(1) In proceedings under this Part where it appears to the
Commissioner that there are more employees or subcontractors for
labour than one having a common claim or similar claims against the
same employer or person liable, it is not necessary for each of them to
make a separate claim under this Part, but the Commissioner may
permit one or more of them to lodge a memorandum or make a claim
and to attend and act on behalf of and generally to represent the
others, and the Commissioner may proceed to adjudicate on the
No division of claims
123. No claim is to be divided and pursued in separate proceedings
before the Commissioner for the sole purpose of bringing the sum
claimed in each of such proceedings within the jurisdiction of this
Act.
[26/2013]
(4) Judgment may be given without any amendment for such one or
more of the claimants as may be found to be entitled to relief for such
relief as one or more of them may be entitled to.
[Act 25 of 2021 wef 01/04/2022]
Costs of proceedings
126. No court fees are chargeable in the first instance on any
proceedings commenced by an employee or a subcontractor for
labour or by the Commissioner on behalf of the employee or the
subcontractor for labour, against the employee’s employer or other
person liable under this Act but, in case a conviction is had or
judgment is given against that employer or person liable, the court
fees are to be paid by the employer or person liable together with the
general costs of the proceedings.
PART 15A
ADMINISTRATIVE PENALTIES
Civil contraventions
126A. The following contraventions are declared to be civil
contraventions for the purposes of this Act:
(a) a failure by an employer to comply with section 95(1),
95A(2) or 96(1);
(aa) a failure, by an employer to whom a notification under
section 96A applies, to comply with any requirement in the
notification concerning the furnishing to the
Commissioner of information on the retrenchment of any
employee by the employer;
(ab) a contravention, by an employer of any provision of any
regulations mentioned in section 139(2)(aa), that the
Minister has prescribed under section 139(2B) as a
contravention to which this section applies;
(b) provision by an employer of inaccurate information or
particulars to the Commissioner or an inspecting officer
Appeal, etc.
126C.—(1) Any employer who is issued a contravention notice by
an authorised officer under section 126B(1) (called in this section the
initial authorised officer) may —
(a) within the prescribed period and in accordance with the
prescribed procedure, request for an internal
reconsideration of the contravention notice by another
authorised officer (called in this section the reviewing
authorised officer); or
(b) within the prescribed period (and despite not requesting for
an internal reconsideration), appeal to the General Division
of the High Court which may hear and determine the
matter afresh.
[27/2015; 40/2019]
(8) The initial authorised officer may, in any case in which the
initial authorised officer thinks fit, waive, remit or refund in whole or
in part any administrative penalty paid or required to be paid under
section 126B.
[27/2015]
Directions
126D.—(1) In lieu of or in addition to giving an employer a
contravention notice under section 126B, an authorised officer
may —
(a) issue such directions to the employer as the authorised
officer thinks appropriate to bring the civil contravention
to an end; and
(b) where necessary, require the employer to take such action
as is specified in the direction to remedy, mitigate or
eliminate any effects of the civil contravention and to
prevent the recurrence of the civil contravention.
[27/2015]
PART 16
PROCEDURE AND REGULATIONS
Officers to be public servants
127. For the purposes of this Act and of the Penal Code 1871, the
Commissioner, every other officer appointed or acting under this Act,
and every authorised person (when carrying out any function or duty
of the Commissioner) are deemed to be public servants within the
meaning of the Penal Code 1871.
[21/2016]
Right to hearing
130. The Commissioner and any officer authorised by the
Commissioner in writing have the right to appear and be heard
before a Magistrate’s Court or a District Court in any proceedings
under this Act and also have the right to be heard before those Courts
in any prosecution under Chapter 16 of the Penal Code 1871
instituted by him or her in accordance with section 125.
Onus of proof
131. In all proceedings under Part 15, the onus of proving that a
person is not the employer or the person whose duty it is under this
Act to do or abstain from doing anything is on the person who alleges
that the person is not the employer or other person, as the case may
be.
Application of fines
134. When under this Act any court imposes a fine or enforces the
payment of any sum secured by a recognizance or bond, the court
may direct that the whole or any part of the fine or sum when
recovered be paid to the party complaining, or where the offence was
committed by an employer in respect of a liability to pay money to an
employee, that employee.
(2A) The Minister may, in making any regulations under this Act,
provide that any contravention of the provisions of the regulations
shall be an offence punishable with a fine not exceeding —
(a) $5,000 in the case of a first conviction; and
(b) $10,000 in the case of a second or subsequent conviction
for contravening or failing to comply with the same
(3) All regulations made under this Act must be published in the
Gazette and must be presented to Parliament as soon as possible after
publication.
Amendment of Schedules
140.—(1) The Minister may, by order in the Gazette, amend any of
the Schedules.
[55/2018]
(2) The Minister may, in an order under subsection (1), make such
provisions of a saving or transitional nature consequent to the
enactment of that order as the Minister may consider necessary or
expedient.
[55/2018]
FIRST SCHEDULE
Section 2
WORKMEN
(1) Cleaners.
(2) Construction workers.
(3) Labourers.
(4) Machine operators and assemblers.
(5) Metal and machinery workers.
(6) Train, bus, lorry and van drivers.
(7) Train and bus inspectors.
(8) All workmen employed on piece rates in the employer’s premises.
REGISTRATION FEE
The registration fee payable by any person making a claim with the Commissioner
for Labour is as follows:
(a) where the claim is made by an employee ... $3
(b) where the claim is made by an employer ... $20.
THIRD SCHEDULE
Section 107A
1. Where an The gross rate of pay for one day is to be The basic rate of pay for one day is to be
employee is calculated by dividing the total salary calculated by dividing the total salary
employed on including allowances but excluding — including wage adjustments and increments
piece rates. but excluding —
(b) additional payments by way of bonus (b) additional payments by way of bonus
payments or annual wage payments or annual wage
supplements; supplements;
(c) any sum paid to the employee to (c) any sum paid to the employee to
reimburse him or her for special reimburse him or her for special
expenses incurred by him or her in the expenses incurred by him or her in the
course of his or her employment; course of his or her employment;
(d) productivity incentive payments; and (d) productivity incentive payments; and
(e) travelling, food and housing (e) any allowance however described,
allowances,
earned by the employee during the period of earned by the employee during the period of
14 days immediately preceding the date of 14 days immediately preceding the rest day or
termination, day of absence or period of holiday (as the case may be) by the number of
absence, holiday, day of leave or period of days on which the employee actually worked
leave, or benefit period (as the case may be) during that period of 14 days.
by the number of days on which the employee
actually worked during that period of 14 days.
2. Where an The gross rate of pay for one day is to be The basic rate of pay for one day is to be
employee is calculated according to the following calculated according to the following
employed on a formula: formula:
monthly rate
of pay and the
number of 12 monthly gross rate of pay 12 monthly basic rate of pay
days on which 52 number of days on which the 52 number of days on which the
employee is required to work in a week: employee is required to work in a week:
3. Where an The gross rate of pay for one day is to be The basic rate of pay for one day is to be
employee is calculated according to the following calculated according to the following
employed on a formula: formula:
monthly rate of
pay and is
required under 12 monthly gross rate of pay 12 monthly basic rate of pay
his or her 52 average number of days 52 average number of days
contract of on which the employee is required on which the employee is required
service to work to work in a week over any period to work in a week over any period
on a certain of 2 consecutive weeks: of 2 consecutive weeks:
number of days
in one week and
on a different
number of days
in the following
week in every
period of
2 consecutive
weeks
4. Where an The gross rate of pay for one day is to be The basic rate of pay for one day is to be
employee is calculated according to the following formula calculated according to the following formula
employed on a or such other formula as the Commissioner or such other formula as the Commissioner
monthly rate of may approve: may approve:
pay and is
required under
his or her 12 monthly gross rate of pay 12 monthly basic rate of pay
contract of 52 average number of 52 average number of
service to work working days in a week: working days in a week:
on different
number of days
in different
weeks.
5. In this Schedule —
“average number of working days in a week” means —
(a) for the purposes of calculating, under section 11(1), the salary
that is payable in lieu of notice of termination —
(i) the average number of days on which the employee
was required, under his or her contract of service, to
FOURTH SCHEDULE
Section 38(6)
[26/2013; 55/2018]
[26/2013]
PART 3
WEEKLY HOLIDAYS ORDINANCE
(CHAPTER 156, 1955 REVISED EDITION)
24. Ordinance 4 of 1949 — Weekly Holidays Ordinance, 1949
Bill : G.N. No. S 287/1948
First Reading : 14 September 1948
Second Reading : 19 October 1948
Select Committee Report : Council Paper No. 75 of 1948
Third Reading : 15 February 1949
Commencement : 1 July 1950
25. Ordinance 47 of 1950 — Weekly Holidays (Amendment) Ordinance,
1950
Bill : G.N. S 562/1950
First, Second and Third : 19 December 1950
Readings
Commencement : 22 December 1950
26. 1955 Revised Edition — Weekly Holidays Ordinance (Chapter 156)
Operation : 1 July 1956
PART 4
CLERKS EMPLOYMENT ORDINANCE, 1957
(ORDINANCE 14 OF 1957)
27. Ordinance 14 of 1957 — Clerks Employment Ordinance, 1957
Bill : 62/1956
First Reading : 5 September 1956
Second Reading : 3 October 1956
PART 5
LABOUR ORDINANCE, 1955
(ORDINANCE 40 OF 1955)
28. Ordinance 40 of 1955 — Labour Ordinance, 1955
Bill : 3/1955
First Reading : 26 April 1955
Second Reading : 29 June 1955
Select Committee Report : Sessional Paper No. L.A. 12 of 1955
Notice of Amendments : 22 November 1955
Third Reading : 22 November 1955
Commencement : 1 December 1955
29. Ordinance 33 of 1957 — Labour (Amendment) Ordinance, 1957
Bill : 114/1957
First Reading : 21 August 1957
Second and Third Readings : 12 September 1957
Commencement : 30 September 1957
30. G.N. No. S 36/1958 — “The Labour Ordinance, 1955”
Commencement : 14 February 1958
31. Ordinance 23 of 1958 — Indian Immigration Fund (Winding Up)
Ordinance, 1958
(Amendments made by section 5 of the above Ordinance)
Bill : 156/1958
First Reading : 11 June 1958
Second and Third Readings : 16 July 1958
Commencement : 1 September 1958 (section 5)
PART 7
EMPLOYMENT ACT 1968
(2020 REVISED EDITION)
33. Act 17 of 1968 — Employment Act, 1968
Bill : 21/1968
First Reading : 15 May 1968
Second Reading : 10 July 1968
Notice of Amendments : 31 July 1968
Commencement : 15 August 1968
34. 1970 Revised Edition — Employment Act (Chapter 122)
Operation : 30 April 1971
35. Act 19 of 1971 — Employment (Amendment) Act, 1971
Bill : 11/1971
First Reading : 19 October 1971
Second Reading : 2 December 1971
Notice of Amendments : 2 December 1971
Third Reading : 2 December 1971
Commencement : 3 December 1971
36. Act 28 of 1972 — Employment (Amendment) Act, 1972
Bill : 28/1972