# legal_provisions

document_id: eessa-1992
provision_ref: s12
chapter: PART 2 - EDUCATION ENDOWMENT SCHEME
section: 12
title: Functions of Council
content:
12. The Council must from time to time make recommendations to the Minister on all matters relating to the application of the income of the Endowment Fund. [11


document_id: eessa-1992
provision_ref: s13
chapter: PART 3 - WITHDRAWAL FROM EDUSAVE PUPILS FUND
section: 13
title: Conditions for withdrawal from Edusave Pupils Fund
content:
13. —(1) Any money standing to the credit of any member of the Edusave Pupils Fund in his or her Edusave account may be withdrawn from that Fund with the authority of the Edusave Scheme Administrator in accordance with this section and section 14. [33/2014] (2) Subject to this section, the parent of a member of the Edusave Pupils Fund below 21 years of age, or a member of that Fund who has attained 21 years of age, is entitled to withdraw at any time the sum standing to the member’s credit in his or her Edusave account for the following purposes: ( a ) where the member is schooling, to defray the whole or part of the member’s expenses as may be necessary to enable the member to take part in any enrichment programme approved by the prescribed school or junior college at which the member is schooling; ( b ) for any other prescribed purpose. [12 [33/2014]


document_id: eessa-1992
provision_ref: s14
chapter: PART 3 - WITHDRAWAL FROM EDUSAVE PUPILS FUND
section: 14
title: Closure of Edusave account, etc.
content:
14. —(1) The Edusave Scheme Administrator must, as soon as practicable after the happening of the first of the following events concerning a member of the Edusave Pupils Fund, transfer all balances in the member’s Edusave account to the member’s PSE account: ( a ) if the member is not schooling, at the start of the year immediately after the year in which the member attains the highest of the Edusave Qualifying Ages; ( b ) if the member is schooling at the start of the year immediately after the year in which the member attains the highest of the Edusave Qualifying Ages, when the member stops schooling; ( c ) where an application under subsection (2) to close the member’s Edusave account early is approved under subsection (4). [33/2014] (2) An individual who is a member of the Edusave Pupils Fund or, if the individual is below 21 years of age, any parent of that individual, may apply to the Edusave Scheme Administrator to close the individual’s Edusave account early for the purpose of transferring the balance in the individual’s Edusave account to the individual’s PSE account. [33/2014] (3) An application under subsection (2) must be supported by any documents or evidence that the Edusave Scheme Administrator may require. [33/2014] (4) The Edusave Scheme Administrator may approve an application under subsection (2) relating to a member of the Edusave Pupils Fund only if the Edusave Scheme Administrator is satisfied that the member is enrolled in an approved institution mentioned in section 22(2)( a ). [33/2014] (5) The Edusave Scheme Administrator must close a member’s Edusave account — ( a ) upon completing the transfer of all balances in the member’s Edusave account to the member’s PSE account under subsection (1); or ( b ) upon payment to the Public Trustee under section 18 of all balances in the Edusave account of a deceased member. [33/2014] (6) An individual ceases to be a member of the Edusave Pupils Fund when the individual’s Edusave account is closed. [13 [33/2014]


document_id: eessa-1992
provision_ref: s15
chapter: PART 3 - WITHDRAWAL FROM EDUSAVE PUPILS FUND
section: 15
title: Donation of member’s moneys in Edusave Pupils Fund
content:
15. —(1) A member of the Edusave Pupils Fund or, if the member is below 21 years of age, any parent of that member, may by notice given to the Edusave Scheme Administrator donate to the Endowment Fund all or part of the sum standing to the member’s credit in the member’s Edusave account. [33/2014] (2) Upon receiving the notice in subsection (1), the Edusave Scheme Administrator may authorise the payment of the sum, as stated in the notice, to the Endowment Fund. [13A [33/2014]


document_id: eessa-1992
provision_ref: s16
chapter: PART 3 - WITHDRAWAL FROM EDUSAVE PUPILS FUND
section: 16
title: Applications for withdrawal from Edusave Pupils Fund
content:
16. —(1) Upon an application to withdraw any sum of money standing to the credit of a member of the Edusave Pupils Fund in the member’s Edusave account for the purposes in section 13(2), the Edusave Scheme Administrator may authorise the payment of any sum that may, under this Act, be withdrawn from the member’s Edusave account — ( a ) in the case of a withdrawal for the purposes in section 13(2)( a ), to the prescribed school or junior college at which the member is schooling; and ( b ) in the case of a withdrawal for the purposes in section 13(2)( b ), to a person, an educational institution or any other entity that may be determined by the Edusave Scheme Administrator. [33/2014] (2) All applications for withdrawal must be supported by such evidence as may be prescribed and by any further evidence that the Edusave Scheme Administrator may reasonably require. [14 [33/2014]


document_id: eessa-1992
provision_ref: s17
chapter: PART 3 - WITHDRAWAL FROM EDUSAVE PUPILS FUND
section: 17
title: Protection of benefits of member of Edusave Pupils Fund
content:
17. No withdrawals authorised by the Edusave Scheme Administrator made from the Edusave Pupils Fund under section 13, 14 or 15 nor the rights of any member of that Fund acquired under any of those sections are assignable or transferable or liable to be attached, sequestered or levied upon for or in respect of any debt or claim. [15 [33/2014]


document_id: eessa-1992
provision_ref: s18
chapter: PART 3 - WITHDRAWAL FROM EDUSAVE PUPILS FUND
section: 18
title: Moneys payable on death of member of Edusave Pupils Fund
content:
18. —(1) Where a member of the Edusave Pupils Fund dies, the total amount standing to the member’s credit in his or her Edusave account must be paid to the Public Trustee for disposal in accordance with — ( a ) the Intestate Succession Act 1967, if the member was not a Muslim at the time of death; or ( b ) section 112 of the Administration of Muslim Law Act 1966, if the member was a Muslim at the time of death. [2/2012] (2) The receipt of the Public Trustee is a good discharge to the Edusave Scheme Administrator for those portions of the moneys payable out of the Edusave account on the death of a member of the Edusave Pupils Fund that are payable to the Public Trustee under subsection (1). [33/2014] (3) All moneys paid out of the Edusave account on the death of any member of the Edusave Pupils Fund are deemed to be impressed with a trust in favour of the person or persons determined by the Public Trustee in accordance with subsection (1) to be entitled to the moneys but are, without affecting the Estate Duty Act 1929, deemed not to form part of the deceased member’s estate or to be subject to the member’s debts. [16


document_id: eessa-1992
provision_ref: s19
chapter: PART 3A - POST-SECONDARY EDUCATION SCHEME
section: 19
title: Establishment of Post-Secondary Education Fund
content:
19. —(1) For the purposes of this Act, a fund called the Post‑Secondary Education Fund is established, into which must be paid — ( a ) all contributions under section 21; ( b ) all the income of that Fund; ( c ) all moneys transferred to any PSE account under the Child Development Co‑Savings Act 2001; ( d ) all sums transferred to any PSE account under — (i) section 14(1); or (ii) section 13(2) or (3) of this Act as in force immediately before 10 November 2014; and ( e ) any cash grant made by the Government, and out of which must be met all payments authorised to be made under this Act. [13/2011; 33/2014] (2) The PSE Scheme Administrator must administer the PSE Fund on behalf of the Minister, and all moneys belonging to that Fund may be — ( a ) deposited in a bank or banks approved by the PSE Scheme Administrator; and ( b ) invested in any securities that trustees may by any written law be authorised to invest. (3) The PSE Scheme Administrator must maintain for each member of the PSE Fund in respect of the money standing to the member’s credit in that Fund an account to be called the PSE account from which withdrawals may be made under section 22, 23 or 24. [33/2014] (4) The PSE Scheme Administrator has the powers and must perform the duties given or imposed by this Act or directed by the Minister, and the PSE Scheme Administrator may by instrument in writing delegate to any person all or any of those powers and duties, except the power of delegation conferred by this subsection. (5) The Minister may, by warrant under his or her hand, authorise the transfer to the Consolidated Fund of any moneys in the PSE Fund which, in the opinion of the Minister and the Minister for Finance, are not immediately required to meet the liabilities or purposes of the PSE Fund. (6) For the purpose of providing additional income to the PSE Fund, the Minister for Finance may, from time to time, pay to that Fund such sum of money as Parliament may provide. [16A


document_id: eessa-1992
provision_ref: s20
chapter: PART 3A - POST-SECONDARY EDUCATION SCHEME
section: 20
title: Members of PSE Fund
content:
20. A person becomes a member of the PSE Fund by virtue of this section if the person — ( a ) is a citizen of Singapore; and ( b ) satisfies any other prescribed requirements. [16B


document_id: eessa-1992
provision_ref: s21
chapter: PART 3A - POST-SECONDARY EDUCATION SCHEME
section: 21
title: Contributions and interest to be paid to members of PSE Fund
content:
21. —(1) Subject to subsection (2) and any regulations made under section 35, any parent of an eligible member of the PSE Fund, or any person on the parent’s behalf, may, from time to time after a PSE account has been opened for the member and before the member has attained 18 years of age, contribute one or more sums to the member’s PSE account. (2) If the aggregate of all contributions by or on behalf of a parent of an eligible member of the PSE Fund to the member’s PSE account under subsection (1) exceeds the maximum amount that the Minister may from time to time prescribe for such contributions, the PSE Scheme Administrator may refund the whole or any part of the contributions in excess of that amount. (3) Subject to subsection (4), where any sum has been contributed by or on behalf of a parent of an eligible member of the PSE Fund to the member’s PSE account under subsection (1), the Government must contribute an equivalent sum to the PSE account. (4) The aggregate of — ( a ) all contributions made by the Government to the PSE account of an eligible member of the PSE Fund under subsection (3); and ( b ) all contributions (if any) made by the Government under the co-savings arrangement to the member’s bank account (if any) opened under regulations made under section 3 of the Child Development Co-Savings Act 2001, must not exceed the maximum amount that the Minister may from time to time prescribe. [13/2011] (5) For the purposes of subsections (2) and (4), different maximum amounts may be prescribed for different classes of eligible members of the PSE Fund. (6) Subject to subsection (2), the PSE Scheme Administrator must cause to be credited — ( a ) to any eligible member of the PSE Fund the contributions made to the member’s PSE account under subsections (1) and (3); and ( b ) to every member of the PSE Fund interest at the rate mentioned in subsection (9) at the intervals and on the amount standing to the member’s credit in his or her PSE account over the periods, which must be paid out of the income of that Fund at the time, that the PSE Scheme Administrator may determine. (7) The PSE Scheme Administrator must, as far as practicable, credit any contribution made by the Government under subsection (3) to the PSE account of an eligible member of the PSE Fund within the prescribed period after the corresponding contribution under subsection (1) was made by or on behalf of a member’s parent to the member’s PSE account. (8) Where it is not practicable to credit the contribution made by the Government under subsection (3) to the PSE account of an eligible member of the PSE Fund within the time limited by subsection (7), the PSE Scheme Administrator must credit that contribution within any other period allowed by the Minister. (9) Interest is payable on the amount standing to the credit of every member of the PSE Fund in his or her PSE account at such rate per annum as the Minister may from time to time determine, and the Minister may determine different rates of interest for different parts of the amount standing to the credit of any member of the PSE Fund in the member’s PSE account. (10) In this section — “co-savings arrangement” means the co‑savings arrangement mentioned in section 3(1)( a ) of the Child Development Co‑Savings Act 2001; “eligible member of the PSE Fund” means any member of that Fund who — ( a ) is eligible for the co-savings arrangement; and ( b ) satisfies any other prescribed requirement. [16C [13/2011]


document_id: eessa-1992
provision_ref: s22
chapter: PART 3B - WITHDRAWAL FROM PSE FUND
section: 22
title: Conditions for withdrawal from PSE Fund
content:
22. —(1) Any money standing to the credit of any member of the PSE Fund in his or her PSE account may be withdrawn from that Fund with the authority of the PSE Scheme Administrator in accordance with this section, section 23 and any regulations made under section 35. [33/2014] (2) Subject to any regulations made under section 35, a parent of a member of the PSE Fund below 21 years of age, or a member of that Fund who has attained 21 years of age, is entitled to withdraw at any time the sum standing to the member’s credit in the member’s PSE account — ( a ) to pay for all fees and charges incurred or to be incurred in respect of any approved course of study or programme which is attended or to be attended by the member or any sibling of the member at any approved institution; and ( b ) for any other prescribed purpose. (3) Subject to any regulations made under section 35, the Minister may permit the withdrawal of the whole sum standing to the credit of a member of the PSE Fund in his or her PSE account — ( a ) upon an application by the member or, if the member is below 21 years of age, a parent of the member; and ( b ) if the Minister is satisfied that it is just and equitable to do so. (4) Upon withdrawal of the whole sum mentioned in subsection (3), the member’s PSE account is to be closed and the member ceases to be a member of the PSE Fund. [33/2014] (5) In subsection (2), “approved”, in relation to a course of study or programme or an institution, means approved by the Minister for the purposes of that subsection. [16D


document_id: eessa-1992
provision_ref: s23
chapter: PART 3B - WITHDRAWAL FROM PSE FUND
section: 23
title: Donation of member’s moneys in PSE Fund
content:
23. —(1) An individual who is a member of the PSE Fund or, if the individual is below 21 years of age, any parent of that individual, may by notice given to the PSE Scheme Administrator donate all or part of the sum standing to the individual’s credit in his or her PSE account to a prescribed charity of the individual’s or parent’s choice (as the case may be), being a charity whose objects are exclusively or primarily for the advancement of education. [33/2014] (2) Upon receiving the notice in subsection (1), the PSE Scheme Administrator may authorise the payment of the sum, as stated in the notice, to the prescribed charity. [33/2014] (3) In this section, “charity” means a charity within the meaning of section 2(1) of the Charities Act 1994, whether or not registered under that Act. [16DA [33/2014]


document_id: eessa-1992
provision_ref: s24
chapter: PART 3B - WITHDRAWAL FROM PSE FUND
section: 24
title: Transfer of member’s moneys in PSE Fund
content:
24. —(1) Subject to any regulations made under section 35, the PSE Scheme Administrator may, upon an application by a member of the PSE Fund who has attained 21 years of age, permit the member to transfer the whole sum standing to the member’s credit in his or her PSE account to his or her ordinary account (if any) maintained under section 13 of the Central Provident Fund Act 1953, and upon the transfer, the member’s PSE account is to be closed and the member ceases to be a member of the PSE Fund. [33/2014] (2) Subject to any regulations made under section 35, the PSE Scheme Administrator may, upon an application by a member of the PSE Fund who has attained the relevant age, permit the member to transfer — ( a ) the whole or any part of the sum standing to the member’s credit in his or her PSE account to his or her sibling’s PSE account, if any; and ( b ) any remainder of that sum to his or her ordinary account (if any) maintained under section 13 of the Central Provident Fund Act 1953, and upon the transfer, the member’s PSE account is to be closed and the member ceases to be a member of the PSE Fund. [33/2014] (3) The PSE Scheme Administrator may, upon an application by a member of the PSE Fund who has attained or is about to attain the relevant age, permit the member to remain as a member of that Fund, and to continue to maintain in his or her PSE account the sum standing to his or her credit in that account, until such time after attaining the relevant age as the PSE Scheme Administrator may determine. (4) Subject to subsection (3), where any member of the PSE Fund has attained the relevant age, and no application has been made, within such period (not exceeding 12 months) after the member has attained the relevant age as the PSE Scheme Administrator may specify, for the sum standing to the member’s credit in his or her PSE account to be withdrawn under section 22(3) or transferred under subsection (1) or (2), the PSE Scheme Administrator must transfer the sum standing to the member’s credit in his or her PSE account to his or her ordinary account (if any) maintained under section 13 of the Central Provident Fund Act 1953, and upon the transfer, the member’s PSE account is to be closed and the member ceases to be a member of the PSE Fund. [33/2014] (4A) Every sum transferred under subsection (1), (2) or (4) to a member’s ordinary account maintained under section 13 of the Central Provident Fund Act 1953 is taken to be a cash grant paid into the Fund under section 14(1) of that Act. [Act 39 of 2021 wef 01/01/2022] (5) In this section, “relevant age” means the age prescribed for the purposes of this section. (6) An individual who is a member of the PSE Fund and who resumes being a member of the Edusave Pupils Fund by virtue of section 8(3), or, if the individual is below 21 years of age, any parent of the individual, may apply to the PSE Scheme Administrator to transfer moneys standing to the credit of the individual in his or her PSE account to his or her Edusave account. [16E [33/2014]


document_id: eessa-1992
provision_ref: s25
chapter: PART 3B - WITHDRAWAL FROM PSE FUND
section: 25
title: Applications for withdrawal or transfer from PSE account
content:
25. —(1) Upon an application to withdraw any sum of money standing to the credit of a member of the PSE Fund in the member’s PSE account by the member’s parent or by the member (as the case may be) under section 22(2) or (3), the PSE Scheme Administrator may authorise the withdrawal of such sum as the parent or member is entitled to withdraw from the member’s PSE account. (2) Upon an application to transfer the sum standing to the credit of a member of the PSE Fund in the member’s PSE account by the member under section 24(1) or (2), the PSE Scheme Administrator may authorise the transfer of that sum from the member’s PSE account. (3) Upon an application under section 24(6) to transfer moneys from the PSE account of an individual who is a member of the PSE Fund to the individual’s Edusave account, the PSE Scheme Administrator may authorise the transfer to the Edusave account of an amount not exceeding the amount earlier transferred to the PSE account under section 14(1) with respect to that individual. [33/2014] (4) All applications for withdrawal or transfer must be supported by such evidence as may be prescribed and by any further evidence that the PSE Scheme Administrator may reasonably require. [16F


document_id: eessa-1992
provision_ref: s26
chapter: PART 3B - WITHDRAWAL FROM PSE FUND
section: 26
title: Protection of benefits of member of PSE Fund
content:
26. —(1) Subject to this Act (insofar as it provides for the refund, withdrawal, transfer or utilisation of any sum contributed to or standing in a PSE account), any moneys paid into the PSE account of a member of the PSE Fund belong to the member and are not assignable or liable to be attached, sequestered or levied upon for or in respect of any debt or claim. (2) No withdrawals or transfers authorised by the PSE Scheme Administrator from the PSE Fund under section 22, 23 or 24 nor the rights of any member of that Fund acquired under any of those sections are assignable or transferable or liable to be attached, sequestered or levied upon for or in respect of any debt or claim. [33/2014] (3) A contribution by a parent of a member of the PSE Fund under section 21(1) does not constitute a transaction at an undervalue or an unfair preference under section 361 or 362 of the Insolvency, Restructuring and Dissolution Act 2018 or form part of the parent’s estate, if the parent has been adjudged bankrupt. [16G [40/2018]


document_id: eessa-1992
provision_ref: s27
chapter: PART 3B - WITHDRAWAL FROM PSE FUND
section: 27
title: Moneys payable on death of member of PSE Fund
content:
27. —(1) Where a member of the PSE Fund dies, the total amount standing to the member’s credit in his or her PSE account must be paid to the Public Trustee for disposal in accordance with — ( a ) the Intestate Succession Act 1967, if the member was not a Muslim at the time of death; or ( b ) section 112 of the Administration of Muslim Law Act 1966, if the member was a Muslim at the time of death. [2/2012] (2) Upon payment of the total amount standing to the credit of a member of the PSE Fund in the member’s PSE account to the Public Trustee under subsection (1), the PSE account is to be closed and the member ceases to be a member of the PSE Fund. [33/2014] (3) The receipt of the Public Trustee is a good discharge to the PSE Scheme Administrator for those portions of the moneys payable out of the PSE account on the death of a member of the PSE Fund that are payable to the Public Trustee under subsection (1). (4) All moneys paid out of the PSE account of any member of the PSE Fund on the member’s death are deemed to be impressed with a trust in favour of the person or persons determined by the Public Trustee in accordance with subsection (1) to be entitled to the moneys but are, without affecting the Estate Duty Act 1929, deemed not to form part of the deceased member’s estate or to be subject to the deceased member’s debts. [16H


document_id: eessa-1992
provision_ref: s28
chapter: PART 4 - MISCELLANEOUS
section: 28
title: Expenses
content:
28. —(1) All expenses incurred in connection with the administration of the Endowment Fund and Edusave Pupils Fund, including the cost of auditing the accounts of those Funds under section 31(1), must be defrayed out of the income of the Endowment Fund. (2) All expenses incurred in connection with the administration of the PSE Fund, including the cost of auditing the accounts of that Fund under section 31(1), must be paid out of the Consolidated Fund. [17


document_id: eessa-1992
provision_ref: s29
chapter: PART 4 - MISCELLANEOUS
section: 29
title: Financial year
content:
29. The financial year of the Endowment Fund, the Edusave Pupils Fund and the PSE Fund begins on 1 April of each year and ends on 31 March of the succeeding year. [18


document_id: eessa-1992
provision_ref: s30
chapter: PART 4 - MISCELLANEOUS
section: 30
title: Accounts to be kept
content:
30. —(1) The Minister must — ( a ) cause to be kept proper accounts and records of all transactions and affairs relating to the Endowment Fund, the Edusave Pupils Fund and the PSE Fund; and ( b ) do all things necessary to ensure that — (i) all payments out of each Fund are correctly made and properly authorised; and (ii) adequate control is maintained over the assets and receipts of each Fund. (2) The Minister must, as soon as practicable after the close of each financial year but not later than 30 June of each year, cause to be prepared and submitted to the auditor of each Fund financial statements in respect of that year for that Fund. [19


document_id: eessa-1992
provision_ref: s31
chapter: PART 4 - MISCELLANEOUS
section: 31
title: Appointment, powers and duties of auditor
content:
31. —(1) The accounts of the Endowment Fund, the Edusave Pupils Fund and the PSE Fund must be audited by — ( a ) the Auditor-General; or ( b ) such other auditor as may be appointed annually by the Minister in consultation with the Auditor‑General. (2) A person is not qualified for appointment as an auditor under subsection (1)( b ) unless the person is a public accountant within the meaning of the Companies Act 1967. (3) The auditor of each Fund or any person authorised by the auditor is entitled at all reasonable times to full and free access to all accounting and other records relating, directly or indirectly, to the financial transactions of that Fund and may make copies of, or extracts from, any of those accounting and other records. (4) The auditor of each Fund must in the auditor’s report state — ( a ) whether the financial statements show fairly the financial transactions and the state of affairs of that Fund; ( b ) whether proper accounting and other records have been kept, including records of all assets of that Fund; ( c ) whether receipts, expenditure and investment of moneys and the acquisition and disposal of assets on account of that Fund during the financial year were in accordance with the provisions of this Act; and ( d ) any other matter arising from the audit that the auditor considers necessary. (5) The auditor of each Fund must, as soon as practicable after the accounts have been submitted for audit, send a report of the audit to the Minister and must also submit such periodical and special reports to the Minister as appear to the auditor to be necessary or as the Minister may require. (6) Where the Auditor‑General is not the auditor of the Endowment Fund, the Edusave Pupils Fund or the PSE Fund, a copy of the audited financial statements and any report made by the auditor must be forwarded to the Auditor‑General. [20


document_id: eessa-1992
provision_ref: s32
chapter: PART 4 - MISCELLANEOUS
section: 32
title: Failure to provide information to auditor
content:
32. —(1) The auditor or any person authorised by the auditor may require any person to provide any information in that person’s possession or to which that person has access that the auditor considers necessary for the purposes of the auditor’s functions under this Act. (2) Any person who, without reasonable excuse, fails to comply with any requirement of the auditor under subsection (1) or who otherwise hinders, obstructs or delays the auditor in the performance of the duties or the exercise of the powers of the auditor shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000. [21


document_id: eessa-1992
provision_ref: s33
chapter: PART 4 - MISCELLANEOUS
section: 33
title: Presentation of financial statements, auditor’s report and annual report to Parliament
content:
33. The Minister must, as soon as practicable but not later than 30 September of each year, cause an annual report in respect of the administration of the Endowment Fund, the Edusave Pupils Fund and the PSE Fund during the preceding financial year to be prepared, and must present a copy of the annual report and of the audited financial statements and the auditor’s report to Parliament. [22


document_id: eessa-1992
provision_ref: s34
chapter: PART 4 - MISCELLANEOUS
section: 34
title: Offences
content:
34. Any person who for any purpose connected with this Act — ( a ) knowingly makes any false statement; or ( b ) produces or provides or causes or knowingly allows to be produced or provided any document which the person knows to be false in a material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000. [23


document_id: eessa-1992
provision_ref: s35
chapter: PART 4 - MISCELLANEOUS
section: 35
title: Regulations
content:
35. —(1) The Minister may make regulations necessary or expedient for the purpose of carrying out the provisions of this Act. (2) Without limiting subsection (1), the regulations may — ( a ) provide for the establishment of scholarships and other awards out of the income of the Endowment Fund and for all matters connected therewith, including the persons eligible to apply for each type of scholarship or award, and the amount of each type of scholarship or award; ( b ) prescribe the amount which may be withdrawn, and the manner in which withdrawals may be made, by members of the Edusave Pupils Fund or their parents; ( c ) provide for such information, evidence and documents as the Edusave Scheme Administrator may require from members of the Edusave Pupils Fund or their parents who have applied for or utilised the withdrawals mentioned in paragraph ( b ); ( d ) provide for the circumstances in which a refund of any sum withdrawn from the Edusave Pupils Fund must be made or may be required by the Edusave Scheme Administrator to be made, and for the person by whom and the manner in which the refund is to be made; ( e ) provide for the disposal of amounts in the Edusave Pupils Fund which are unclaimed or unpaid, or which otherwise remain in that Fund; ( f ) prescribe the procedure of the Council; ( g ) prescribe the amount which may be withdrawn, and the manner in which withdrawals may be made, by members of the PSE Fund or their parents; ( h ) provide for such information, evidence and documents as the PSE Scheme Administrator may require from members of the PSE Fund or their parents who have applied for or utilised the withdrawals mentioned in paragraph ( g ); ( i ) provide for the circumstances in which a refund of any sum withdrawn from the PSE Fund must be made or may be required by the PSE Scheme Administrator to be made, and for the person by whom and the manner in which the refund is to be made; ( j ) provide for the disposal of amounts in the PSE Fund which are unclaimed or unpaid, or which otherwise remain in that Fund; and ( k ) prescribe anything which may be prescribed. [24 [33/2014]


document_id: efma-1990
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Appeal Board” means the Appeal Board established by the Minister under section 25H; “authorised officer”, in relation to any provision in this Act, means any public officer authorised in that behalf by the Minister for the purposes of that provision; “body corporate” includes a limited liability partnership registered under the Limited Liability Partnerships Act 2005; “construction works” means the construction, extension, installation, carrying out, repair, maintenance, renewal, removal, alteration, dismantling or demolition of — ( a ) any building, erection, edifice, structure, wall, fence or chimney, whether constructed wholly or partly above or below ground level; ( b ) any road, motorway, harbour works, railway, cableway, canal or aerodrome; ( c ) any drainage, irrigation or river control work; ( d ) any electrical, water, gas or telecommunication works; or ( e ) any bridge, viaduct, dam, reservoir, earthworks, pipeline, sewer, aqueduct, culvert, drive, shaft, tunnel or reclamation, and includes any works which form an integral part of, or are preparatory to the works described in paragraphs ( a ) to ( e ), including site clearance, earth-moving, excavation, laying of foundation, site restoration and landscaping, and such other works or activities as the Minister may, by notification in the Gazette , specify to be construction works; “Controller” means the Controller of Work Passes appointed under section 3; “debarred”, in relation to a person, means a person who is debarred under section 7(5)( d ) from applying for, or being issued with, a work pass; “employ” means to engage or use the service of any person for the purpose of — ( a ) any work; or ( b ) providing any training for that person, whether under a contract of service or otherwise, and with or without salary; “employer” means any person employing a foreign employee, and includes — ( a ) for the purposes of an application for a work pass — any person who has the intention or purports to have the intention to employ a foreign employee; or ( b ) in a case where a foreign employee has or had a valid work pass — any person specified in the work pass as the employer of the foreign employee; “employment inspector” means the Controller and any person appointed as an employment inspector under section 3; “foreign employee” means — ( a ) any foreigner, other than a self-employed foreigner, who seeks or is offered employment in Singapore; or ( b ) any other person or class of persons as the Minister may, by notification in the Gazette , specify; “foreigner” means any person who is not a citizen of Singapore or permanent resident of Singapore; [Act 31 of 2023 wef 31/12/2024] “in-principle approval” means the in-principle approval of an application for a work pass issued by the Controller under section 7(3); “levy” means the levy imposed under section 11; “occupier”, in relation to any premises, includes — ( a ) the person having the charge, management or control of either the whole or part of the premises either on the person’s own account or as an agent; and ( b ) any person who is carrying out construction or other works at the premises on behalf of some other person; “permanent resident of Singapore” has the meaning given by section 2 of the Immigration Act 1959; [Act 31 of 2023 wef 01/12/2025] “premises” includes — ( a ) any building or structure, whether permanent or temporary; ( b ) any land, whether or not built on; ( c ) any place, whether or not enclosed, including any place situated underground or underwater; ( d ) any vehicle, vessel or aircraft; and ( e ) any part of any premises; “prescribed infringement” means — ( a ) any contravention of section 9(1), 25(1), (2), (3) or (4) or 25A(2); ( b ) any contravention of any provision in the regulations made under this Act that is prescribed as a prescribed infringement; or ( c ) the abetment, within the meaning of section 25F, of any contravention mentioned in paragraph ( a ) or ( b ); “regulatory condition” means a condition of an in-principle approval or a work pass that — ( a ) is prescribed by the Minister as a regulatory condition; or ( b ) is imposed by the Controller under section 7 as a regulatory condition; “self-employed foreigner” means any foreigner who, not being employed under a contract of service, seeks to engage in or engages in — ( a ) any trade, vocation or profession, whether for the purpose of gain or otherwise; or ( b ) any other activity in Singapore for the purpose of gain; “train”, in relation to a foreign employee, means to teach, instruct or educate the foreign employee in relation to the work in which the foreign employee is employed or to be employed; “valid work pass” means a work pass that is valid in accordance with section 12; “work pass” means a work pass belonging to any prescribed category of work passes which is issued by the Controller under section 7. [24/2012]


document_id: efma-1990
provision_ref: s2A
chapter: PART 1 - PRELIMINARY
section: 2A
title: Meaning of “personal identifier”
content:
2A. —(1) In this Act, “personal identifier” means any of the identifiers specified in the Schedule (including any in digital form). (2) The Minister may, by order in the Gazette , amend the Schedule, except that any other personal identifier so prescribed in the order must — ( a ) be an image of, or a measurement or recording of, an external part of the human body; and ( b ) not be an identifier the obtaining of which would involve the taking of an invasive sample within the meaning given by section 8 of the Registration of Criminals Act 1949. [Act 26 of 2022 wef 12/06/2023]


document_id: efma-1990
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Appointment of Controller of Work Passes and employment inspectors, etc.
content:
3. —(1) The Minister may appoint — ( a ) a Controller of Work Passes who has such functions and powers as are conferred on him or her by this Act; and ( b ) any number of Deputy Controllers of Work Passes and Assistant Controllers of Work Passes as the Minister may think necessary to assist the Controller in the proper discharge of the Controller’s functions. [24/2012] (2) The Deputy Controllers of Work Passes and the Assistant Controllers of Work Passes have, and may exercise and perform, all the powers, duties and functions of the Controller conferred by this Act (except the power of delegation conferred by subsection (4)), subject to such limitations as the Controller may think fit to impose. [24/2012] (3) The Minister may appoint any number of employment inspectors as the Minister may think fit for carrying out the purposes of this Act. (4) The Controller may delegate the exercise of all or any of the functions or powers conferred on him or her by this Act (except the power of delegation conferred by this subsection) to one or more authorised officers, subject to such conditions or limitations as set out in this Act or as the Controller may specify in writing; and any reference in this Act to the Controller includes a reference to such an authorised officer. [24/2012] (5) For the purposes of this Act, an authorised officer may be given any title as the Minister may, by notification in the Gazette , specify. [24/2012]


document_id: efma-1990
provision_ref: s3A
chapter: PART 1 - PRELIMINARY
section: 3A
title: Controller and employment inspectors to be public servants
content:
3A. The Controller and every Deputy Controller of Work Passes, Assistant Controller of Work Passes and employment inspector appointed under section 3 are to be public servants within the meaning of the Penal Code 1871.


document_id: efma-1990
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Exemption
content:
4. The Minister may, by notification in the Gazette , exempt any person or class of persons from all or any of the provisions of this Act.


document_id: efma-1990
provision_ref: s5
chapter: PART 2 - WORK PASSES
section: 5
title: Prohibition of employment of foreign employee without work pass
content:
5. —(1) A person must not employ a foreign employee unless the foreign employee has a valid work pass. (2) A foreign employee must not be in the employment of an employer without a valid work pass. (3) A person must not employ a foreign employee otherwise than in accordance with the conditions of the foreign employee’s work pass. (4) In any proceedings for an offence under subsection (1), it is not a defence for a defendant to prove that the defendant did not know that the employee was a foreigner unless the defendant further proves that the defendant had exercised due diligence to ascertain the nationality of the employee. (5) For the purpose of subsection (4), a defendant is not to be deemed to have exercised due diligence unless the defendant had checked the passport, document of identity or other travel document of the employee. (6) Any person who contravenes subsection (1) shall be guilty of an offence and shall — ( a ) be liable on conviction to a fine of at least $5,000 and not more than $30,000 or to imprisonment for a term not exceeding 12 months or to both; and ( b ) on a second or subsequent conviction — (i) in the case of an individual — be punished with a fine of at least $10,000 and not more than $30,000 and with imprisonment for a term of not less than one month and not more than 12 months; or (ii) in any other case — be punished with a fine of at least $20,000 and not more than $60,000. [24/2012] (7) Any person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both. [24/2012] (8) Any person who contravenes subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. [24/2012] (9) For the purposes of this section — ( a ) to avoid doubt, where a person has been convicted of an offence under subsection (6), and the person has on a previous occasion been convicted for contravening section 5(1) of the Employment of Foreign Workers Act (Cap. 91A, 1997 Revised Edition) in force immediately before 1 July 2007, the firstmentioned conviction shall be considered a second or subsequent conviction under subsection (6); and ( b ) all convictions against the same person for the contravention of subsection (1) at one and the same trial shall be deemed to be one conviction. [24/2012]


document_id: efma-1990
provision_ref: s6
chapter: PART 2 - WORK PASSES
section: 6
title: Presumption of employment
content:
6. Where a foreigner is found at any premises, the occupier of the premises is presumed, until the contrary is proved, to have employed the foreigner.


document_id: efma-1990
provision_ref: s6A
chapter: PART 2 - WORK PASSES
section: 6A
title: Prohibition of foreigner without work pass entering or remaining at work place
content:
6A. —(1) An occupier of a work place who has control of access to the work place must not permit any foreigner without a valid work pass to enter or remain at the work place. (2) Where a foreigner without a valid work pass is found at any work place, it is presumed, until the contrary is proved, that the occupier of the work place — ( a ) had control of access to the work place; ( b ) had permitted the foreigner to enter or remain at the work place; and ( c ) had knowledge that the foreigner did not possess a valid work pass. (3) The presumptions provided for in subsection (2) are not to be rebutted by proof that a defendant did not know that the person was a foreigner unless the defendant further proves that the defendant had exercised due diligence — ( a ) to prevent the foreigner from entering or remaining at the work place; ( b ) to ascertain that the person was a citizen of Singapore or permanent resident of Singapore by checking the person’s passport, document of identity or other travel documents; or [Act 31 of 2023 wef 31/12/2024] ( c ) to ascertain that the foreigner had at the material time in his or her possession a valid work pass by checking his or her original work pass. (4) For the purposes of subsection (3)( a ), a defendant is not to be deemed to have exercised due diligence unless the defendant had taken all reasonable measures to prevent any foreigner without a valid work pass from entering or remaining at the work place, including all the measures prescribed under subsection (5) in respect of the work place. (5) For the purposes of subsection (4), the Minister may, by notification in the Gazette , prescribe the measures that are required to be taken by the occupier of the work place. (6) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable — ( a ) on conviction to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 12 months or to both; and ( b ) on a second or subsequent conviction, to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 2 years or to both. (7) In this section — “occupier”, in relation to a work place, means the principal contractor who undertakes any construction works at the work place and includes any other person as the Minister may, by notification in the Gazette , specify to be the occupier of the work place; “principal contractor” means a person who has entered into a contract with an owner, a developer or a lessee of a property, or an agent of the owner, developer or lessee, for the purpose of carrying out any construction works, or such other works or activities as the Minister may, by notification in the Gazette , specify; “work place” means any place or premises where works are being carried out and includes any premises within the vicinity of the work place to which the occupier has control of access. (8) To avoid doubt, where a person has been convicted of an offence under subsection (6), and the person has on a previous occasion been convicted for contravening section 6A(1) of the Employment of Foreign Workers Act (Cap. 91A, 1997 Revised Edition) in force immediately before 1 July 2007, the firstmentioned conviction shall be considered a second or subsequent conviction under subsection (6). (9) All convictions against the same person for the contravention of subsection (1) at one and the same trial shall be deemed to be one conviction. (10) Nothing in this section prevents any person from being prosecuted under any other provision of this Act for any act or omission which constitutes an offence under that other provision, but no person shall be punished twice for the same offence.


document_id: efma-1990
provision_ref: s7
chapter: PART 2 - WORK PASSES
section: 7
title: Application for work pass
content:
7. —(1) Every application for a work pass must — ( a ) where the work pass belongs to any category of work passes prescribed by the Minister, be made by a person prescribed for that category of work passes; ( b ) be in any form as the Controller may determine; ( c ) be accompanied by the prescribed fee, if any; and ( d ) be accompanied by such information, statements and documents as the Controller may require. (2) On receiving an application under subsection (1), the Controller may — ( a ) issue a work pass, with or without conditions — (i) if the prescribed fee has been paid; and (ii) if the Controller is satisfied that the foreign employee or self-employed foreigner to whom the work pass is to be issued is not a prohibited immigrant under section 8 of the Immigration Act 1959; or ( b ) refuse to issue any work pass. (3) The Controller may, before issuing a work pass under subsection (2), issue an in-principle approval of the application for the work pass subject to such conditions as the Controller may think fit to impose. [24/2012] (4) A work pass may, on payment of the prescribed renewal fee, be renewed by the Controller for any period as the Controller may determine, starting from the day immediately following the day on which the work pass would have expired but for that renewal. (5) The Controller may at any time — ( a ) vary or revoke any of the existing conditions of a work pass or impose new conditions; ( b ) cancel any in-principle approval, or vary, suspend or revoke a work pass; ( c ) reinstate a work pass which has been suspended or revoked, if the prescribed fee has been paid; or ( d ) debar any person from applying for or being issued with a work pass for any fixed period of time as the Controller may determine. [24/2012] (6) For the purposes of this section, the Controller may, in relation to a foreign employee — ( a ) impose conditions that the employer of the foreign employee must comply with — (i) relating to the employment of the foreign employee; or (ii) relating to the foreign employee, after the in‑principle approval or the work pass relating to that foreign employee is cancelled or revoked or expires; and ( b ) impose conditions that the foreign employee must comply with relating to his or her employment as a foreign employee. [24/2012] (7) In the exercise of any power under subsection (5)( a ) or (6), the Controller must not — ( a ) vary or revoke any existing condition of a work pass to become inconsistent with any condition prescribed by the Minister by regulations under section 29(2)( c ); or ( b ) impose any new condition for a work pass that is inconsistent with any condition prescribed by the Minister by regulations under section 29(2)( c ), and any condition varied, revoked or imposed by the Controller which is so inconsistent shall, to the extent of the inconsistency, be void. [24/2012] (8) In determining whether a person should be debarred under subsection (5)( d ) from applying for or being issued with a work pass, the Controller may have regard to such considerations as the Controller deems appropriate, including but not limited to — ( a ) whether the person has acted, or is acting, in concert with or on the direction of a debarred person for or in connection with the employment of any foreign employee; or ( b ) whether the person, as an associate of a debarred person, is engaged in a trade or business which is substantially similar to any trade or business of the debarred person. [24/2012] (9) For the purposes of subsection (8)( b ) — ( a ) a person is an associate of an individual — (i) if the person is the individual’s spouse, or if the person is a relative, or the spouse of a relative of the individual or his or her spouse; (ii) if the person is in partnership with the individual, or the individual is the spouse or a relative of any other person with whom the firstmentioned person is in partnership; (iii) if the person employs the individual or the individual employs the person, and for this purpose, any director or other officer of a person that is a company must be treated as employed by that company; ( b ) a person in his or her capacity as trustee of a trust is an associate of an individual if the beneficiaries of the trust include, or the terms of the trust confer a power that may be exercised for the benefit of, that individual or an associate of that individual; ( c ) a company is an associate of an individual if that individual has control of it or if that individual and persons who are his or her associates together have control of it; ( d ) for the purposes of paragraph ( a ), a person is a relative of an individual if the person is that individual’s brother, sister, uncle, aunt, nephew, niece, lineal ancestor or lineal descendant; ( e ) any reference in this subsection to a spouse includes a former spouse; ( f ) for the purposes of paragraph ( c ), an individual is taken to have control of a company if — (i) the directors of the company or of another company which has control of it (or any of them) are accustomed to act in accordance with the individual’s directions or instructions; or (ii) the individual is entitled to exercise, or control the exercise of, one-third or more of the voting power at any general meeting of the company or of another company which has control of it, and where 2 or more persons together satisfy sub‑paragraph (i) or (ii), they are taken to have control of the company; and ( g ) in this subsection, “company” includes any body corporate (whether incorporated in Singapore or elsewhere), and references to directors and other officers of a company and to voting power at any general meeting of a company are to have effect with any necessary modifications. [24/2012] (10) Any person who is aggrieved by a decision of the Controller under subsection (2), (4) or (5) may appeal to the Minister, whose decision is final. (11) There is to be no judicial review in any court of any decision or act of the Minister or the Controller under this section, except in regard to any question relating to compliance with any procedural requirement of this Act governing such decision. (12) In subsection (11), “judicial review” includes proceedings instituted by way of — ( a ) an application for a Mandatory Order, a Prohibiting Order or a Quashing Order; ( b ) an application for a declaration or an injunction; ( c ) an Order for Review of Detention; and ( d ) any other suit or action relating to or arising out of any decision made or act done pursuant to any power conferred upon the Minister or the Controller by this section.


document_id: efma-1990
provision_ref: s8
chapter: PART 2 - WORK PASSES
section: 8
title: Register of foreign employees to be kept by employer
content:
8. —(1) An employer must keep a register of foreign employees to whom work passes have been issued under section 7. [27/2015] (2) The register must be in such form, and must contain such particulars, as the Controller may determine. (3) The register must, at all reasonable times, be open to inspection by an employment inspector.


document_id: efma-1990
provision_ref: s9
chapter: PART 2 - WORK PASSES
section: 9
title: Termination of employment of foreign employees
content:
9. —(1) Where the Controller has decided to suspend or revoke the work pass of a foreign employee under section 7(5), the Controller must notify the employer of the foreign employee of his or her decision and the employer of the foreign employee must, within 7 days of receiving the notification, terminate the employment of the foreign employee. (2) Every employer of a foreign employee who intends to have the work pass of the foreign employee cancelled must — ( a ) apply to the Controller to cancel the work pass; and ( b ) if so required, return the work pass to the Controller within 7 days of such cancellation. (3) Where any employer contravenes subsection (1), the Controller may impose on the employer a financial penalty of an amount, not exceeding $10,000, as the Controller may determine. [24/2012] (4) Any employer who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. [24/2012] (5) The termination of the employment of a foreign employee under subsection (1) is not to be — ( a ) capable of negotiation with a trade union representing the foreign employee; ( b ) a matter in respect of which any form of industrial action may be taken by any such trade union; ( c ) the subject matter of a trade dispute or of conciliation proceedings or any method of redress whether or not under any written law; and ( d ) any industrial matter within the meaning of the Industrial Relations Act 1960. (6) Where in respect of the employment of any person there has been any contravention of subsection (1), that person is, by reason only of such contravention, not to be deemed to be employed under an illegal contract of employment.


document_id: efma-1990
provision_ref: s10
chapter: PART 2 - WORK PASSES
section: 10
title: Self-employed foreigners to apply for work passes
content:
10. —(1) A foreigner must not be a self‑employed foreigner unless he or she has a valid work pass. [24/2012] (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall — ( a ) be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both; and ( b ) on a second or subsequent conviction, be punished with imprisonment for a term of not less than one month and not more than 2 years and also be liable to a fine not exceeding $20,000. [24/2012] (3) For the purposes of this section — ( a ) to avoid doubt, where a person has been convicted of an offence under subsection (2), and the person has on a previous occasion been convicted for contravening section 10(1) of the Employment of Foreign Workers Act (Cap. 91A, 1997 Revised Edition) in force immediately before 1 July 2007 or section 10(1) of this Act in force immediately before 9 November 2012, the firstmentioned conviction shall be considered a second or subsequent conviction under subsection (2); and ( b ) all convictions against the same person for the contravention of subsection (1) at one and the same trial shall be deemed to be one conviction. [24/2012]


document_id: efma-1990
provision_ref: s11
chapter: PART 2 - WORK PASSES
section: 11
title: Levy in respect of foreign employee or self-employed foreigner
content:
11. —(1) The Minister may, by order in the Gazette , provide for the imposition of a levy of such amount as may be specified in the order on employers in respect of any foreign employee or class of foreign employees, or on self-employed foreigners or any class thereof, who have been issued with a work pass. [24/2012] (2) The levy continues to be payable unless the work pass — ( a ) has expired; ( b ) has been suspended or revoked by the Controller; or ( c ) has been cancelled by the Controller on application by the employer. (3) Any order made under subsection (1) may provide for the recovery of the levy in such manner and through such channels as may be specified in the order. (4) Where the amount of the levy payable by any employer or self‑employed foreigner in respect of any month is not paid within such period as may be specified in the order, the employer or self‑employed foreigner shall be liable to pay a penalty on the amount for every day the amount remains unpaid starting from the first day of the month following the month in respect of which the amount is payable. (5) The penalty under subsection (4) must be an amount determined in accordance with any rate or formula as the Minister may specify by order in the Gazette , but the total penalty must not exceed 30% of the amount of levy outstanding. [24/2012] (6) The Controller may, in any case in which the Controller thinks fit, waive, remit or refund in whole or in part — ( a ) any levy imposed under subsection (1); or ( b ) any penalty due under subsection (4). [24/2012] (7) Any levy and penalty due from and payable by any employer or self-employed foreigner is recoverable by the Controller, or any person duly authorised by the Controller to act on the Controller’s behalf, as a debt due to the Government. (8) For the purposes of reimbursing any person authorised by the Controller to act on the Controller’s behalf for the expenses incurred by the person in the collection and recovery of the levy, the Minister may authorise the person to be paid an amount as the Minister may determine. (9) In any proceedings for the recovery of any levy and penalty due thereon which any employer or self-employed foreigner is liable to pay, a certificate purporting to be under the hand of the Controller certifying the amount of the levy and penalty due thereon payable by the employer or self-employed foreigner is prima facie evidence of the facts stated in the certificate.


document_id: efma-1990
provision_ref: s12
chapter: PART 2 - WORK PASSES
section: 12
title: Extent of validity of work pass
content:
12. —(1) A work pass for a foreign employee is valid only in respect of the employer and the foreign employee specified in the work pass, and — ( a ) the trade, sector, occupation or type of employment — (i) that is specified in the work pass; or (ii) in any other case, that was submitted to the Controller in, or in connection with, the application for the work pass; and ( b ) any trade, sector, occupation or type of employment not specified in the work pass, for which the foreign employee has the Controller’s approval to engage in. [24/2012] (2) A work pass for a self-employed foreigner is valid only in respect of the self-employed foreigner specified in the work pass, and — ( a ) the trade, sector, vocation, profession or activity — (i) that is specified in the work pass; or (ii) in any other case, that was submitted to the Controller in, or in connection with, the application for the work pass; and ( b ) any trade, sector, vocation, profession or activity not specified in the work pass, for which the self-employed foreigner has the Controller’s approval to engage in. [24/2012] (3) A work pass is valid for the period specified in the work pass unless it is earlier suspended or revoked by the Controller, or earlier cancelled by the Controller on the application by the employer or self‑employed foreigner, as the case may be.


document_id: efma-1990
provision_ref: s13
chapter: PART 2 - WORK PASSES
section: 13
title: Custody of work pass, etc.
content:
13. —(1) A work pass holder must not allow any other person to have possession of his or her work pass. (2) If required by the Controller, a foreign employee must hand over the work pass to his or her employer on the last day of his or her employment with that employer. (3) An employer who is handed a work pass under subsection (2) must return the work pass to the Controller within 7 days of the date the employer receives the work pass. (4) Upon demand by an authorised officer or employment inspector, a work pass holder must produce his or her work pass for inspection. [24/2012]


document_id: efma-1990
provision_ref: s14
chapter: PART 2 - WORK PASSES
section: 14
title: Loss, etc., of work pass
content:
14. —(1) When a work pass has been lost, destroyed or defaced, the foreign employee or the employer or the self‑employed foreigner (as the case may be) must report to the Controller within 7 days of such loss, destruction or defacement, and the Controller may issue a duplicate work pass on payment of the prescribed fee. (2) Where the foreign employee or the employer or the self‑employed foreigner recovers possession of the work pass after reporting the loss of the work pass, the foreign employee or the employer or the self‑employed foreigner, as the case may be — ( a ) may retain the work pass if no duplicate work pass has been issued by the Controller under subsection (1); or ( b ) must immediately return the work pass so recovered to the Controller for revocation if a duplicate work pass has been issued by the Controller under subsection (1). (3) A person who finds or comes into possession of a work pass other than his or her own must immediately deliver it to the Controller.


document_id: efma-1990
provision_ref: s15
chapter: PART 2 - WORK PASSES
section: 15
title: Burden of proof, etc.
content:
15. —(1) For the purposes of section 7, and any proceedings in respect of any prescribed infringement or any offence under this Act — ( a ) a person who makes an application for a work pass is presumed, until the contrary is proved, to have knowledge of the information provided in the application; and ( b ) subject to subsection (2), the burden of proving the truth of the contents of an application for a work pass is on the person who makes the application. [24/2012] (2) Where any application for a work pass is made by more than one person, then for the purposes specified in subsection (1), each applicant bears the burden of proving the truth of the contents of the application that relate to the applicant. [24/2012]


document_id: efma-1990
provision_ref: s16
chapter: PART 3 - ADMINISTRATION OF ACT
section: 16
title: Powers of authorised officers and employment inspectors
content:
16. —(1) For the purposes of this Act, an authorised officer or employment inspector has power to do all or any of the following: ( a ) to enter and inspect, at any reasonable time — (i) any premises when he or she has reasonable cause to believe that any foreign employee or self‑employed foreigner is employed or engaged in or accommodated at those premises; or (ii) where an application for a work pass has been made, the business premises of the employer who made the application; ( b ) to enter and search, by day or by night, any premises when he or she has reasonable cause to believe that evidence of a prescribed infringement or the commission of an offence under this Act (as the case may be) can be found in those premises; ( c ) to require any person who the authorised officer or employment inspector has reason to believe has any document, including documents of identity and travel documents, or information relevant to the carrying out of the provisions of this Act, to produce any such document or give such information; ( d ) to retain any document relevant to the carrying out of the provisions of this Act; ( e ) to examine orally any person supposed to be acquainted with the facts and circumstances relevant to the carrying out of the provisions of this Act, and to reduce into writing the answer given or statement made by that person who is bound to state truly the facts and circumstances with which the person is acquainted; and the statement made by that person must be read over to that person and must, after correction, be signed by that person; ( f ) to require by written order the attendance before him or her of any person who, from information given or otherwise, appears to be acquainted with the facts and circumstances relevant to the carrying out of the provisions of this Act, and that person must so attend as required and if that person fails to attend as so required, to report such failure to a Magistrate who may thereupon issue a warrant to secure the attendance of that person as required by the order; ( g ) to take such photographs, or audio or video recording, as he or she thinks necessary of the premises and persons reasonably believed to be acquainted with the facts and circumstances relevant to the carrying out of the provisions of this Act; ( h ) to require any person to produce any article which is relevant to any investigation into a prescribed infringement or an offence under this Act (as the case may be) and, if necessary, to take into custody any such article; ( i ) to require an employer to produce all or any of his or her employees for the purposes of any investigation into a prescribed infringement or an offence under this Act when required by the authorised officer or employment inspector, as the case may be. [24/2012] (2) An authorised officer or employment inspector may require the occupier of any premises, the occupier’s agents and any person found in the premises, to provide such means required by the authorised officer or employment inspector (as the case may be) as necessary for any entry, inspection, search, examination or investigation, the taking of photographs or audio or video recordings, the taking of articles into custody or otherwise for the exercise of his or her powers under this Act. [24/2012] (3) An authorised officer or employment inspector may, after concluding his or her inspection or investigation, hand over to an immigration officer any travel document which he or she has taken into custody or which has been produced to him or her. [24/2012] (4) If entry to any premises cannot be obtained, an employment inspector may, when he or she has reasonable cause to believe that any foreign employee or self‑employed foreigner is employed or engaged in or accommodated at those premises or that evidence of the commission of an offence under this Act can be found in those premises, state his or her authority and purpose and demand entry to those premises, and — ( a ) break open any outer or inner door or window leading to the premises; ( b ) forcibly enter such premises and every part thereof; or ( c ) remove by force any obstruction to such entry or search. [24/2012] (5) If any person — ( a ) intentionally offers any resistance to or wilfully delays an authorised officer or employment inspector in the exercise of any power under this section; ( b ) fails to comply with the requisition of an authorised officer or employment inspector under this section; ( c ) fails to produce any document which the person is required by or under this section to produce; ( d ) wilfully withholds any information as to who is the occupier of the premises or who is the principal contractor or who is the person’s employer; or ( e ) conceals or prevents or attempts to conceal or prevent a person from appearing before or being examined by an authorised officer or employment inspector, that person is deemed to obstruct an authorised officer or employment inspector (as the case may be) in the execution of the employment inspector’s duties under this Act. [24/2012] (6) Every employment inspector has authority to appear in court and may, with the authorisation of the Public Prosecutor, conduct any prosecution in respect of any offence under this Act. [15/2010; 24/2012]


document_id: efma-1990
provision_ref: s17
chapter: PART 3 - ADMINISTRATION OF ACT
section: 17
title: Change of address
content:
17. —(1) If required by the Controller, an employer must inform the Controller of any change in the employer’s address within 14 days of such change — ( a ) where the employer is an individual registered under the National Registration Act 1965 — by reporting the change of his or her place of residence under section 10 of that Act; ( b ) where the employer is a body corporate incorporated under the Companies Act 1967 or the Variable Capital Companies Act 2018, a sole proprietorship or a firm registered under the Business Names Registration Act 2014 or a limited liability partnership registered under the Limited Liability Partnerships Act 2005 — by reporting the change of the address of the registered office or place of business under section 143 of the Companies Act 1967 (or that provision as applied by section 45 of the Variable Capital Companies Act 2018), section 20 of the Business Names Registration Act 2014 or section 32 of the Limited Liability Partnerships Act 2005, as the case may be; or [S 26/2022 wef 13/01/2022] ( c ) where paragraphs ( a ) and ( b ) are not applicable — in writing. [29/2014] (2) The address as reported in subsection (1) is deemed to be the last known address of the employer for the purposes of section 18. (3) If required by the Controller, any foreign employee or self‑employed foreigner must inform the Controller in writing of any change in his or her address within 14 days of such change. (4) The address as reported in subsection (3) is deemed to be the last known address of the foreign employee or self‑employed foreigner for the purposes of section 18.


document_id: efma-1990
provision_ref: s18
chapter: PART 3 - ADMINISTRATION OF ACT
section: 18
title: Service of notices
content:
18. —(1) Every notice, order or document required or authorised by this Act to be served on any person may be served — ( a ) by delivering it to the person or to some adult member or employee of the person’s family or the person’s household at the person’s last known place of residence; ( b ) by leaving it at the person’s usual or last known place of residence or business in an envelope addressed to the person; or ( c ) by sending it by ordinary or registered post addressed to the person at the person’s usual or last known place of residence or business. [24/2012] (2) Where any notice, order or document is served by ordinary or registered post, it is deemed to have been duly served at the time it would have been received in the ordinary course of post if the notice, order or document is addressed — ( a ) in the case of a company incorporated in Singapore — to the registered office of the company; ( b ) in the case of a company incorporated outside Singapore — either to the individual authorised to accept service of process under the Companies Act 1967 at the address filed with the Registrar of Companies, or to the registered office of the company wherever it may be situated; ( c ) in the case of an individual, a partnership (including a limited liability partnership as defined in section 4(1) of the Limited Liability Partnerships Act 2005) or a body of persons — to the last known business or private address of such individual, partnership or body of persons. (3) Where any notice, order or document is served by registered post in accordance with subsection (2), in proving service of the notice, order or document, it is sufficient to prove that the envelope containing the same was properly addressed, stamped and posted by registered post. (4) Every notice, order or document to be given by the Controller or an employment inspector under this Act must be signed by the Controller or employment inspector, or by some person or persons from time to time authorised by the Controller or employment inspector, as the case may be, in that behalf, and every such notice, order or document is valid if the signature, or an official facsimile of the signature, of the Controller, employment inspector or such person or persons is duly printed or written thereon. [24/2012] (5) Any notice or order under this Act requiring the attendance of any person or witness before the Controller or an employment inspector must be signed by the Controller or the employment inspector (as the case may be) or by a person duly authorised by the Controller. [24/2012]


document_id: efma-1990
provision_ref: s19
chapter: PART 3 - ADMINISTRATION OF ACT
section: 19
title: Protection from personal liability
content:
19. No liability shall be incurred by — ( a ) the Controller; ( b ) any authorised officer or employment inspector, or any person acting under the Controller’s direction; or ( c ) any member of the Appeal Board, for anything which is done or intended to be done in good faith and with reasonable care, in the exercise or purported exercise of any power, or the performance or purported performance of any function or duty, under this Act. [24/2012]


document_id: efma-1990
provision_ref: s20
chapter: PART 4 - OFFENCES
section: 20
title: Offences by bodies corporate, etc.
content:
20. —(1) Where an offence under this Act committed by a body corporate is proved — ( a ) to have been committed with the consent or connivance of an officer of the body corporate; or ( b ) to be attributable to any neglect on the officer’s part, the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. [24/2012] (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate. [24/2012] (3) Where an offence under this Act committed by a partnership is proved — ( a ) to have been committed with the consent or connivance of a partner; or ( b ) to be attributable to any neglect on the partner’s part, the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. [24/2012] (4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved — ( a ) to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or ( b ) to be attributable to any neglect on the part of such an officer or member, the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. [24/2012] (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 ( b ) has failed to exercise reasonable supervision or oversight as such officer, member or partner. [24/2012] (6) In this section — “officer” — ( a ) in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or ( b ) in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner. [24/2012] (7) The Minister may make regulations to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore. [24/2012]


document_id: efma-1990
provision_ref: s21
chapter: PART 4 - OFFENCES
section: 21
title: Power to arrest without warrant
content:
21. —(1) Any police officer or employment inspector may arrest without warrant any person whom he or she reasonably suspects — ( a ) is committing or has committed an offence under section 5(6), (7) or (8), 10(2), 22(1)( a ), ( c ), ( d ), ( e ) or ( f ), (2), (3) or (4), 22A(2) or 22B(1); or ( b ) has abetted the commission of any offence mentioned in paragraph ( a ). [24/2012] (2) For the purposes of this section, an officer or a member of a body corporate or an unincorporated association or a partner of a partnership who is liable for an offence mentioned in subsection (1)( a ) by virtue of section 20 shall be treated as having committed that offence. [24/2012] (3) An employment inspector making an arrest without warrant must, without unnecessary delay and subject to subsection (4), bring or send the person arrested before a Magistrate’s Court. (4) An employment inspector must not detain in custody a person arrested without warrant for longer than is reasonable in the circumstances, and such period must not exceed 48 hours (excluding the time necessary for the journey from the place of arrest to the Magistrate’s Court). (5) Any person who has been arrested by an employment inspector may be released on bail, or on the person’s own bond, by an employment inspector.


document_id: efma-1990
provision_ref: s21A
chapter: PART 4 - OFFENCES
section: 21A
title: Arrest how made
content:
21A. —(1) In making an arrest, an employment inspector making the arrest may touch or confine the body of the person to be arrested unless the person submits to arrest by word or action. (2) If the person forcibly resists or tries to evade arrest, the employment inspector may use all means necessary to effect the arrest.


document_id: efma-1990
provision_ref: s21B
chapter: PART 4 - OFFENCES
section: 21B
title: No unnecessary restraint
content:
21B. —(1) The person arrested must not be subject to more restraint than is necessary to prevent his or her escape. (2) An employment inspector may use handcuffs or any similar means of restraint on a person arrested to prevent the person from — ( a ) inflicting any bodily injury to the person or others; ( b ) damaging any property; ( c ) creating any disturbance; or ( d ) escaping from custody. (3) The handcuffs or means of restraint must not be used for the purpose of punishment.


document_id: efma-1990
provision_ref: s21C
chapter: PART 4 - OFFENCES
section: 21C
title: Search of persons arrested
content:
21C. —(1) When a person is arrested, the employment inspector making the arrest may search the person and take possession of all articles (other than necessary wearing apparel) found upon the person that the employment inspector has reason to believe were connected with the offence for which the person was being arrested. (2) Whenever it is necessary to cause a person to be searched, the search must be made by an employment inspector of the same sex as the person, with strict regard to decency.


document_id: efma-1990
provision_ref: s21D
chapter: PART 4 - OFFENCES
section: 21D
title: Employment inspector to be armed
content:
21D. Every employment inspector must be provided with such batons and accoutrements as may be necessary for the effective discharge of his or her duties.


document_id: efma-1990
provision_ref: s21E
chapter: PART 4 - OFFENCES
section: 21E
title: Power to seize offensive weapons
content:
21E. An employment inspector making any arrest may take from the person arrested any offensive weapons which the person has about his or her person.


document_id: efma-1990
provision_ref: s21F
chapter: PART 4 - OFFENCES
section: 21F
title: Power on escape to pursue and arrest
content:
21F. If a person in lawful custody escapes or is rescued, the employment inspector from whose custody the person escaped or was rescued may immediately pursue and arrest the person in any place within Singapore and deal with that person as he or she might have done on the original arrest.


document_id: efma-1990
provision_ref: s21G
chapter: PART 4 - OFFENCES
section: 21G
title: Disposal of documents or articles
content:
21G. —(1) Any document or article produced, retained or requisitioned under section 16(1)( c ), ( d ) or ( h ) or 21E must — ( a ) where the document or article is produced in any criminal trial, be dealt with in accordance with section 364(1) of the Criminal Procedure Code 2010; or ( b ) in any other case — (i) be returned to the owner; or (ii) if the owner is not known, be reported to a Magistrate’s Court. [15/2010] (2) Where the report of any document or article produced, retained or requisitioned under section 16(1)( c ), ( d ) or ( h ) or 21E is made to a Magistrate’s Court under subsection (1)( b )(ii), the Magistrate’s Court may order the document or article — ( a ) to be forfeited; or ( b ) to be disposed of in any manner as the Magistrate’s Court thinks fit. (3) Nothing in this section is to be taken to prejudice any right to retain or dispose of property which may exist in law apart from this section.


document_id: efma-1990
provision_ref: s22
chapter: PART 4 - OFFENCES
section: 22
title: General offences
content:
22. —(1) Any person who — ( a ) being an employer, a foreign employee or a self-employed foreigner to whom a work pass applies or had applied, contravenes any condition (other than a regulatory condition) of the work pass or in-principle approval of the application for the work pass; ( b ) contravenes section 13(4); ( c ) wilfully obstructs an authorised officer or employment inspector in the exercise of his or her powers under section 16, 21, 21A, 21B, 21C, 21E or 21F (as applicable); ( d ) in connection with any application for or to renew a work pass or for any other purpose under this Act, makes any statement or provides any information to the Controller or an authorised officer or employment inspector which the person knows, or ought reasonably to know, is false in any material particular or is misleading by reason of the omission of any material particular; ( e ) sells, forges, unlawfully alters or, without lawful authority, transfers or allows another person to use any in-principle approval or work pass; ( f ) uses or, without lawful authority, has in the person’s possession any in-principle approval or work pass that is forged or unlawfully altered, or which is issued to another person; or ( g ) contravenes section 13(1), (2) or (3), 14 or 17(1) or (3), shall be guilty of an offence and shall be liable on conviction — ( h ) in the case of an offence under paragraph ( a ), ( b ) or ( c ) — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; ( i ) in the case of an offence under paragraph ( d ), ( e ) or ( f ) — to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both; and ( j ) in the case of an offence under paragraph ( g ) — to a fine not exceeding $10,000. [24/2012] (2) Any employer, foreign employee, self‑employed foreigner, or any agent involved in the employment of the foreign employee or the engagement of the self‑employed foreigner, who — ( a ) knows, or has reason to believe, that an offence has been committed under subsection (1)( d ); and ( b ) intentionally omits to provide any information to the Controller in respect of that offence, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. [24/2012] (3) Any foreign employee or self-employed foreigner who makes any statement or submits any document to the Controller under this Act relating to his or her qualifications which he or she knows or ought reasonably to know is false in any material particular, or is misleading by reason of the omission of any material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both. [24/2012] (4) Any employer of a foreign employee or any agent involved in the employment of the foreign employee, or any agent involved in the engagement of a self-employed foreigner, who — ( a ) knows, or has reason to believe, that an offence has been committed by the foreign employee or self‑employed foreigner (as the case may be) under subsection (3); and ( b ) intentionally omits to provide any information to the Controller in respect of that offence, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. [24/2012]


document_id: efma-1990
provision_ref: s22A
chapter: PART 4 - OFFENCES
section: 22A
title: Restrictions on receipt, etc., of moneys in connection with employment of foreign employee
content:
22A. —(1) A person must not deduct from any salary payable to a foreign employee, or demand or receive, directly or indirectly and whether in Singapore or elsewhere, from a foreign employee any sum or other benefit — ( a ) as consideration or as a condition for the employment of the foreign employee, whether by that person or any other person; ( b ) as consideration or as a condition for the continued employment of the foreign employee, whether by that person or any other person; or ( c ) as a financial guarantee related, in any way, to the employment of the foreign employee, whether by that person or any other person. [24/2012] (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 2 years or to both. [24/2012] (3) Any person who deducts from any salary payable to a foreign employee, or demands or receives, directly or indirectly and whether in Singapore or elsewhere, from a foreign employee any sum or other benefit, not being — ( a ) the whole or part of any fee, cost, levy, penalty, charge or amount that the employer of the foreign employee must bear and is liable to pay under section 25(6); ( b ) the whole or part of any fee or deduction prescribed as recoverable from the foreign employee under section 25(6)( a ); ( c ) where sections 26 to 32 of the Employment Act 1968 apply to the foreign employee, the whole or part of any deduction from the salary of the foreign employee authorised to be made under those sections; ( d ) where sections 26 to 32 of the Employment Act 1968 do not apply to the foreign employee, the whole or part of any deduction from the salary of the foreign employee made in accordance with the terms of the employment of the foreign employee; or ( e ) the whole or part of any fee, remuneration, profit or compensation that a licensee under the Employment Agencies Act 1958 may lawfully charge the foreign employee and receive under that Act, is presumed, until the contrary is proved, to have done so as consideration for the employment of the foreign employee. [24/2012]


document_id: efma-1990
provision_ref: s22B
chapter: PART 4 - OFFENCES
section: 22B
title: Proscribed manpower-related practices
content:
22B. —(1) Any person who — ( a ) obtains a work pass for a foreign employee for a trade or business that does not exist, that is not in operation or that does not require the employment of such a foreign employee; and ( b ) fails to employ the foreign employee, shall be guilty of an offence and shall on conviction be punished with imprisonment for a presumptive minimum term of not less than 6 months and not more than 2 years and shall also be liable to a fine not exceeding $6,000. [24/2012; 15/2019] (2) Where any person is — ( a ) charged with more than 5 offences under subsection (1); and ( b ) convicted of at least 6 of those offences at the same trial, the person shall be punished, subject to sections 325(1) and 330(1) of the Criminal Procedure Code 2010, with caning in addition to the punishment prescribed for those offences. [24/2012] (3) Where, by virtue of sections 325(1) and 330(1) of the Criminal Procedure Code 2010, the person mentioned in subsection (2) is not punishable with caning, he or she shall, in lieu of caning, be punished with a fine not exceeding $10,000. [24/2012]


document_id: efma-1990
provision_ref: s23
chapter: PART 4 - OFFENCES
section: 23
title: Abetment of offences
content:
23. —(1) 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. [24/2012] (2) Where an occupier is charged for abetting another person who has employed a foreign employee in contravention of section 5(1), it shall not be sufficient for the occupier to prove in the occupier’s defence that the occupier had instructed the other person not to, or obtained from the other person an undertaking that the other person would not, so employ a foreign employee.


document_id: efma-1990
provision_ref: s23A
chapter: PART 4 - OFFENCES
section: 23A
title: Orders for payment of proceeds of crime
content:
23A. —(1) When any person is convicted of an offence under section 22A(2) or 22B(1), the court shall, in addition to imposing on that person any other punishment, order the person to pay, within such time as may be specified in the order — ( a ) in the case of an offence under section 22A(2) — a sum which is equal to the amount of the sum or other benefit (where such benefit is a sum of money, or the value of such benefit can be assessed) the person deducted or received in contravention of that section; or ( b ) in the case of an offence under section 22B(1) — a sum which is equal to the amount of the sum or other benefit (where such benefit is a sum of money, or the value of such benefit can be assessed) the person obtained or received for obtaining the work pass mentioned in that section. [24/2012] (2) In determining the sum of money to be recovered under subsection (1), the court shall, if it thinks fit, take into account — ( a ) any relevant evidence admitted in the proceedings against the defendant for the offence concerned; and ( b ) any order for the payment of compensation by the defendant in respect of any injury arising from the offence concerned to the person injured, or his or her representative, under section 359 of the Criminal Procedure Code 2010. [24/2012] (3) Where a court orders the defendant to pay any sum of money under subsection (1), section 319 of the Criminal Procedure Code 2010 shall have effect as if that sum were a fine imposed on the defendant by the court. [24/2012] (4) Where — ( a ) a warrant to commit the defendant to prison is issued for a default in payment of a sum of money ordered to be paid under subsection (1) in respect of an offence or offences; and ( b ) at the time the warrant is issued, the defendant is liable to serve any term of imprisonment in respect of the offence or offences, the term of imprisonment to be served in default of payment of that sum shall not begin to run until after the term mentioned in paragraph ( b ). [24/2012] (5) A Magistrate’s Court or a District Court may, despite the provisions of any other written law, impose the maximum term of imprisonment on the defendant in default of the payment of any sum of money ordered to be paid under subsection (1). [24/2012]


document_id: efma-1990
provision_ref: s24
chapter: PART 4 - OFFENCES
section: 24
title: Complaint by employment inspector
content:
24. For the purpose of section 151 of the Criminal Procedure Code 2010, on receiving the complaint in writing and signed by any employment inspector, the Magistrate must proceed to issue a summons or warrant in accordance with section 153 of the Criminal Procedure Code 2010. [15/2010]


document_id: efma-1990
provision_ref: s25
chapter: PART 5 - PRESCRIBED INFRINGEMENTS
section: 25
title: General prescribed infringements
content:
25. —(1) Where any employer — ( a ) makes, or causes to be made to the Controller, an application for a work pass on the basis of the employer’s foreign employee entitlement; and ( b ) commits, or causes or permits to be committed, any act or omission which facilitates, or which results in, the inflation of the employer’s foreign employee entitlement, the Controller may impose on the employer a financial penalty of an amount, not exceeding $20,000, as the Controller may determine. [24/2012] (2) Where any person fails to comply with — ( a ) any regulatory condition subject to which an in‑principle approval is or had been issued to the person by the Controller; or ( b ) being an employer, a foreign employee or a self‑employed foreigner to whom a work pass applies or had applied, any regulatory condition of the work pass, the Controller may impose on the person a financial penalty of an amount, not exceeding $10,000, as the Controller may determine. [24/2012] (3) Where any employer inadvertently, or without intent to mislead or defraud, makes any statement or provides any information to the Controller which is inaccurate or erroneous, the Controller may impose on the employer a financial penalty of an amount, not exceeding $20,000, as the Controller may determine. [24/2012] (4) Where any employer — ( a ) deducts from any salary payable to a foreign employee, or demands or receives, directly or indirectly and whether in Singapore or elsewhere, from the foreign employee any fee, cost, levy, penalty, charge or amount that the employer shall bear and be liable for under subsection (6), or any part thereof; or ( b ) causes any foreign employee to bear any fee, cost, levy, penalty, charge or amount that the employer shall bear and be liable for under subsection (6), or any part thereof, the Controller may impose on the employer a financial penalty of an amount, not exceeding $20,000, as the Controller may determine. [24/2012] (5) In subsection (1), unless the context otherwise requires — “act or omission”, in relation to a person who is an employer, includes but is not limited to the employer failing to ensure that the employer’s Central Provident Fund contribution record of payments as employer required under the Central Provident Fund Act 1953 only reflects every citizen of Singapore or permanent resident of Singapore who is employed by the employer and at the appropriate contribution rate prescribed by law; [Act 31 of 2023 wef 31/12/2024] “foreign employee entitlement” means the number of foreign employees which a person may employ, according to such criteria and conditions as the Minister or the Controller may determine. [24/2012] (6) For the purposes of subsection (4), the employer of a foreign employee shall, except where the Controller permits otherwise, bear and be liable to pay the following: ( a ) fees associated with the application, issuance, renewal or reinstatement of a work pass, other than the fees or deductions prescribed as recoverable from the foreign employee; ( b ) costs associated with furnishing security as required by the Controller; ( c ) costs associated with purchasing and maintaining medical insurance coverage for the foreign employee, as required by the Controller; ( d ) costs associated with medical examinations for the foreign employee, as required by the Controller; ( e ) the levy imposed under section 11(1) in respect of the foreign employee and any penalty due thereon; ( f ) costs associated with training the foreign employee, where the training is required by the employer or the Controller; ( g ) costs associated with repatriating the foreign employee at any time; ( h ) any fee, charge or amount as may be prescribed. [24/2012]


document_id: efma-1990
provision_ref: s25A
chapter: PART 5 - PRESCRIBED INFRINGEMENTS
section: 25A
title: Compliance with prescribed duties
content:
25A. —(1) Where an in-principle approval of an application for a work pass has been issued by the Controller, the employer, foreign employee or self-employed foreigner concerned must comply with such duties for or in relation to the employment of such foreign employee or the engagement of such self-employed foreigner as may be prescribed. [24/2012] (2) Where any employer, foreign employee or self‑employed foreigner fails to comply with any duty prescribed under subsection (1) that the employer, foreign employee or self‑employed person is required to comply with, the Controller may impose on the employer, foreign employee or self‑employed person a financial penalty of an amount, not exceeding $10,000, as the Controller may determine. [24/2012] (3) For the purposes of this section — ( a ) duties may be prescribed for or in relation to any foreign employee or self‑employed foreigner, or any class thereof, to be complied with following the cancellation, revocation or expiry of the work pass of the foreign employee or self‑employed foreigner, as the case may be; and ( b ) different duties may be prescribed in relation to different classes of employers, foreign employees or self‑employed foreigners, or different categories of work passes. [24/2012]


document_id: efma-1990
provision_ref: s25B
chapter: PART 5 - PRESCRIBED INFRINGEMENTS
section: 25B
title: Directions
content:
25B. —(1) Despite anything in this Act, where the Controller is satisfied that any person is committing or has committed a prescribed infringement, the Controller may, in addition to or in lieu of the imposition of a financial penalty, give such directions to the person as the Controller thinks appropriate to bring the prescribed infringement to an end and, where necessary, require that person to take such action as is specified in the direction to remedy, mitigate or eliminate any effects of such prescribed infringement and to prevent the recurrence of such prescribed infringement. [24/2012] (2) Any person who, without reasonable excuse, fails to comply with any direction given under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. [24/2012]


document_id: efma-1990
provision_ref: s25C
chapter: PART 5 - PRESCRIBED INFRINGEMENTS
section: 25C
title: Proceedings for prescribed infringements
content:
25C. —(1) The Controller may inquire into and determine whether any person has committed a prescribed infringement in accordance with this Act. [24/2012] (2) For the purposes of subsection (1), the Controller has the following powers: ( a ) to summon and examine witnesses; ( b ) to administer oaths or affirmations; ( c ) to compel the production of documents and articles. [24/2012] (3) All proceedings before the Controller under this section must be held in private. [24/2012] (4) In any proceedings before the Controller under this section — ( a ) the Controller is not bound to act in a formal manner or in accordance with the Evidence Act 1893 but may inform himself or herself on any matter in such manner as he or she thinks just; ( b ) any question of fact to be decided by the Controller must be decided on the balance of probabilities; and ( c ) no party may be represented by an advocate or solicitor or a paid agent. [24/2012] (5) If any person who has been duly summoned by the Controller to attend at any proceedings under this section makes default in so doing, the Controller may make the Controller’s determination in the absence of that person even though the interest of that person may be prejudicially affected by the Controller’s determination. [24/2012] (6) Where the Controller has made a determination that any person has committed a prescribed infringement, the Controller may in the Controller’s determination — ( a ) state (if any) the amount of financial penalty, not exceeding the maximum financial penalty prescribed for the prescribed infringement, that is payable by the person and the date by which the financial penalty must be paid; and ( b ) include such directions to the person under section 25B as the Controller thinks appropriate. [24/2012] (7) The Controller may, on the application of any person mentioned in subsection (6) who is aggrieved by a determination or direction of the Controller, vary or set aside the determination or direction or make any other determination or direction as the Controller thinks just. [24/2012] (8) Any person mentioned in subsection (6) who is aggrieved by a determination or direction of the Controller, or any variation thereof, may appeal to the Appeal Board, whose decision is final. [24/2012]


document_id: efma-1990
provision_ref: s25D
chapter: PART 5 - PRESCRIBED INFRINGEMENTS
section: 25D
title: Recovery of financial penalties
content:
25D. —(1) Any person who has been determined to have committed a prescribed infringement and fails to pay the financial penalty imposed by the Controller by the date specified under section 25C(6)( a ) is liable to pay to the Controller interest on the amount unpaid at the same rate as for a judgment debt. [24/2012] (2) Any financial penalty payable in respect of a prescribed infringement and any interest thereon is recoverable by the Controller, or any person duly authorised by the Controller to act on the Controller’s behalf, as a debt due to the Government. [24/2012] (3) The Controller may, in any case in which the Controller thinks fit, waive, remit or refund in whole or in part any financial penalty imposed or any interest due thereon. [24/2012] (4) In any proceedings for the recovery of any financial penalty or interest due thereon which any person is liable to pay, a certificate purporting to be under the hand of the Controller certifying the amount of the financial penalty or interest due thereon that is payable by the person is prima facie evidence of the facts stated in the certificate. [24/2012]


document_id: efma-1990
provision_ref: s25E
chapter: PART 5 - PRESCRIBED INFRINGEMENTS
section: 25E
title: Prescribed infringements by bodies corporate, etc.
content:
25E. —(1) Where a prescribed infringement committed by a body corporate is proved — ( a ) to have been committed with the consent or connivance of an officer of the body corporate; or ( b ) to be attributable to any neglect on the officer’s part, the officer as well as the body corporate shall be treated as having committed the prescribed infringement and dealt with accordingly. [24/2012] (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate. [24/2012] (3) Where a prescribed infringement committed by a partnership is proved — ( a ) to have been committed with the consent or connivance of a partner; or ( b ) to be attributable to any neglect on the partner’s part, the partner as well as the partnership shall be treated as having committed the prescribed infringement and dealt with accordingly. [24/2012] (4) Where a prescribed infringement committed by an unincorporated association (other than a partnership) is proved — ( a ) to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or ( b ) to be attributable to any neglect on the part of such officer or member, the officer or member as well as the unincorporated association shall be treated as having committed the prescribed infringement and dealt with accordingly. [24/2012] (5) For the purposes of this section, where a prescribed infringement 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 prescribed infringement 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 prescribed infringement; and ( b ) has failed to exercise reasonable supervision or oversight as such officer, member or partner. [24/2012] (6) In this section — “officer” — ( a ) in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or ( b ) in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner. [24/2012] (7) The Minister may make regulations to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore. [24/2012]


document_id: efma-1990
provision_ref: s25F
chapter: PART 5 - PRESCRIBED INFRINGEMENTS
section: 25F
title: Abetment of prescribed infringements
content:
25F. —(1) Where any person abets a prescribed infringement, the Controller may impose on the person a financial penalty of an amount, not exceeding the maximum financial penalty prescribed for the prescribed infringement, as the Controller may determine. [24/2012] (2) For the purposes of this section — ( a ) a person abets a prescribed infringement if the person abets either the commission of the prescribed infringement, or the commission of an act which would be a prescribed infringement, if committed by a person capable by law of committing a prescribed infringement with the same intention or knowledge as that of the abettor; and ( b ) a person abets the doing of a thing if the person — (i) instigates any person to do that thing; (ii) engages with one or more other persons in any conspiracy for the doing of that thing, if an act or omission takes place pursuant to that conspiracy, and in order for the doing of that thing; or (iii) intentionally aids, by any act or omission, the doing of that thing. [24/2012]


document_id: efma-1990
provision_ref: s25G
chapter: PART 5 - PRESCRIBED INFRINGEMENTS
section: 25G
title: Appeals to Appeal Board
content:
25G. —(1) An appeal to the Appeal Board under section 25C(8) must be lodged within 14 days after the receipt of the determination or direction of the Controller by the person aggrieved by the determination or direction, as the case may be. [24/2012] (2) Any person who has lodged an appeal to the Appeal Board under section 25C(8) must provide any information as may be required by the Appeal Board, in the manner and within the period as the Appeal Board may specify. [24/2012] (3) An appeal under section 25C(8) does not suspend the effect of the determination or direction to which the appeal relates unless the appeal is against the imposition, or the amount, of a financial penalty. [24/2012] (4) The Appeal Board must determine an appeal under section 25C(8) as soon as reasonably practicable, having regard to the nature and complexity of the appeal. [24/2012] (5) The Appeal Board must notify the person making an appeal under section 25C(8) of its decision in respect of the person’s appeal and the reasons for its decision. [24/2012] (6) Without limiting subsection (5), the Appeal Board may — ( a ) confirm, vary or reverse the determination or direction of the Controller appealed against; or ( b ) direct the Controller to reconsider the determination or direction appealed against. [24/2012]


document_id: efma-1990
provision_ref: s25H
chapter: PART 5 - PRESCRIBED INFRINGEMENTS
section: 25H
title: Composition and procedure of Appeal Board
content:
25H. —(1) For the purposes of section 25G, the Minister may establish an Appeal Board which must consist of at least 3 persons, one of whom must be appointed by the Minister to be the chairperson of the Appeal Board. [24/2012] (2) The chairperson of the Appeal Board must be a person qualified to be a Supreme Court Judge. [24/2012; 40/2019] (3) The Minister may, in establishing the Appeal Board, determine — ( a ) the terms and conditions of the appointment of the members of the Appeal Board; and ( b ) such matters as the Minister considers incidental or expedient for the proper and efficient conduct of any appeal by the Appeal Board. [24/2012] (4) The remuneration and allowances (if any) of a member of the Appeal Board are to be determined by the Minister. [24/2012] (5) The Appeal Board may determine the procedure to be adopted by it in considering an appeal under section 25C(8), and must be independent in the performance of its functions. [24/2012]


document_id: efma-1990
provision_ref: s26
chapter: PART 6 - MISCELLANEOUS
section: 26
title: Jurisdiction of Courts
content:
26. Despite the provisions of any written law to the contrary, a Magistrate’s Court or a District Court has jurisdiction to try any offence under this Act and has power to impose the full punishment for any such offence. [24/2012]


document_id: efma-1990
provision_ref: s27
chapter: PART 6 - MISCELLANEOUS
section: 27
title: Composition of offences
content:
27. —(1) The Controller may compound any offence under this Act by collecting from a person reasonably suspected of having committed the offence, or having abetted the commission of the offence, a sum not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) a sum of $5,000. [24/2012] (2) For the purposes of this section, an officer or a member of a body corporate or an unincorporated association or a partner of a partnership who is liable for an offence that is compoundable under this section by virtue of section 20 shall be treated as having committed that offence. [24/2012] (3) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. [24/2012]


document_id: efma-1990
provision_ref: s28
chapter: PART 6 - MISCELLANEOUS
section: 28
title: Forms
content:
28. For the purposes of this Act, the Controller may devise and use such forms as he or she considers necessary.


document_id: efma-1990
provision_ref: s29
chapter: PART 6 - MISCELLANEOUS
section: 29
title: Regulations
content:
29. —(1) The Minister may make regulations for any purpose for which regulations may be made under this Act, for prescribing anything which may be prescribed and generally for carrying out the provisions of this Act. [24/2012] (2) Regulations made under subsection (1) may — ( a ) prescribe the penalties for any contravention of any provision of any regulation, except that — (i) in the case of an offence, any such penalty must not exceed a fine of $15,000 or imprisonment for a term of 12 months or both; or (ii) in the case of a prescribed infringement, any such penalty must not exceed a financial penalty of $15,000; ( b ) prescribe fees or charges as may be necessary for the purposes of this Act, including the fees to be paid in respect of any appeal lodged under this Act; ( c ) prescribe — (i) the categories of work passes; (ii) the period for which any work pass may be issued, renewed or reinstated; (iii) the criteria for the issuance, renewal or reinstatement of any work pass; and (iv) any condition (including any regulatory condition) subject to which an in-principle approval may be issued, or a work pass may be issued, renewed or reinstated; ( d ) provide for the taking and recording of any personal identifier of any person — (i) who applies for or has been issued with a work pass; or (ii) who is suspected of committing an offence under this Act; ( e ) provide for the use of any mechanical, electrical or other form of device or system for the taking or recording of all or any of the personal identifiers; ( f ) provide for the collation of any personal identifier taken or recorded pursuant to regulations made under paragraph ( d ) and the dissemination thereof to the police and to any other law enforcement agency authorised by the Controller to receive it; ( g ) provide for any matter relating to the release of any arrested person on any bail or bond under section 21(5); ( h ) provide for any matter relating to the security to be provided by or in respect of any foreigner issued with a work pass or any group or class of such foreigners, including the circumstances and the conditions under which the amount of the security may be varied or the security may be forfeited; and ( i ) prescribe the procedure in respect of any proceedings or any matter or thing to be done under this Act. [24/2012] (3) All regulations must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: efma-1990
provision_ref: s30
chapter: PART 6 - MISCELLANEOUS
section: 30
title: Transitional provisions
content:
30. —(1) Any permit, appointment, application, appeal, decision, ruling, order, direction or notice issued, made or given under the repealed Regulation of Employment Act (Cap. 272, 1985 Revised Edition) shall be treated as a permit, appointment, application, appeal, decision, ruling, order, direction or notice issued, made or given under this Act and has the same force and effect as a permit, appointment, application, appeal, decision, ruling, order, direction or notice issued, made or given under this Act. (2) Any form used for the purposes of the repealed Regulation of Employment Act (Cap. 272, 1985 Revised Edition) which was in force or had effect immediately before 1 January 1991 continues in force and has effect as though prescribed under this Act until new forms are prescribed.


document_id: ema-1968
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “approved medical institution” means a hospital, clinic, healthcare establishment or other medical institution which the Minister, by notification in the Gazette , declares as an approved medical institution; “authorised officer” means any public officer appointed as an authorised officer under section 3(2); “basic rate of pay” means the total amount of money (including wage adjustments and increments) to which an employee is entitled under his or her contract of service either for working for a period of time, that is, for one hour, one day, one week, one month or for such other period as may be stated or implied in his or her contract of service, or for each completed piece or task of work but does not include — ( a ) additional payments by way of overtime payments; ( b ) additional payments by way of bonus payments or annual wage supplements; ( c ) any sum paid to the employee to reimburse him or her for special expenses incurred by him or her in the course of his or her employment; ( d ) productivity incentive payments; and ( e ) any allowance however described; “civil contravention” means a contravention that is declared to be a civil contravention under section 126A; “collective agreement” means an agreement as defined under the Industrial Relations Act 1960; “confinement” means the delivery of a child (including a stillborn child); “constructional contractor” means any person, firm, corporation or company who or which is established for the purpose of undertaking, either exclusively or in addition to or in conjunction with any other business, any type of constructional work, and who or which is carrying out the constructional work for or on behalf of some other person under a contract entered into by that person, firm, corporation or company with such other person, and includes heirs, executors, administrators, assigns and successors of that person, firm, corporation or company; “constructional work” means any building and civil engineering work and includes repair, maintenance, alteration and demolition work; “contract of service” means any agreement, whether written or oral, express or implied, whereby one person agrees to employ another as an employee and that other agrees to serve his or her employer as an employee and includes an apprenticeship contract or agreement; “contractor” means any person who contracts with a principal to supply labour or to carry out the whole or any part of any work undertaken by the principal in the course of or for the purposes of the principal’s trade or business; “day” means a period of 24 hours beginning at midnight; “dependant” means any of the following members of an employee’s family, namely, wife, husband, father, mother, child and any adopted or illegitimate child living with or dependent on the employee; “dismiss” means to terminate the contract of service between an employer and an employee at the employer’s initiative, with or without notice and for cause or otherwise, and includes the resignation of an employee if the employee can show, on a balance of probabilities, that the employee did not resign voluntarily but was forced to do so because of any conduct or omission, or course of conduct or omissions, engaged in by the employer; “domestic worker” means any house, stable or garden servant or motor car driver, employed in or in connection with the domestic services of any private premises; “employee” means a person who has entered into or works under a contract of service with an employer and includes a workman, and any officer or employee of the Government included in a category, class or description of such officers or employees declared by the President to be employees for the purposes of this Act or any provision thereof, but does not include any of the following: ( a ) any seafarer; ( b ) any domestic worker; ( c ) [ Deleted by Act 55 of 2018 ] ( d ) any person belonging to any other class of persons whom the Minister may, by notification in the Gazette , declare not to be employees for the purposes of this Act; “employer” means any person who employs another person under a contract of service and includes — ( a ) the Government in respect of such categories, classes or descriptions of officers or employees of the Government as are declared by the President to be employees for the purposes of this Act; ( b ) any statutory authority; ( c ) the duly authorised agent or manager of the employer; and ( d ) the person who owns or is carrying on or for the time being responsible for the management of the profession, business, trade or work in which the employee is engaged; “gross rate of pay” means the total amount of money including allowances to which an employee is entitled under his or her contract of service either for working for a period of time, that is, for one hour, one day, one week, one month or for such other period as may be stated or implied in his or her contract of service, or for each completed piece or task of work but does not include — ( a ) additional payments by way of overtime payments; ( b ) additional payments by way of bonus payments or annual wage supplements; ( c ) any sum paid to the employee to reimburse him or her for special expenses incurred by him or her in the course of his or her employment; ( d ) productivity incentive payments; and ( e ) travelling, food or housing allowances; “hours of work” means the time during which an employee is at the employer’s disposal and is not free to dispose of his or her own time and movements exclusive of any intervals allowed for rest and meals; “industrial undertaking” means public and private undertakings and any branch thereof, and includes particularly — ( a ) mines, quarries and other works for the extraction of minerals from the earth; ( b ) undertakings in which articles are manufactured, assembled, altered, cleaned, repaired, ornamented, finished, adapted for sale, broken up or demolished, or in which materials are transformed, including undertakings engaged in shipbuilding, or in the generation, transformation or transmission of electricity or motive power of any kind; ( c ) undertakings engaged in constructional work; and ( d ) undertakings engaged in the transport of passengers or goods by road, rail, sea, inland waterway or air, including the handling of goods at docks, quays, wharves, warehouses or airports; “inspecting officer” means any person appointed as an inspecting officer under section 3(2); “machinery” includes all oil engines, gas engines, steam engines and any other machines in which mechanical movement, either linear or rotated or both, takes place, steam boilers, gas cylinders, air receivers, steam receivers, steam containers, cast iron underfired vulcanizers, refrigerating plants, pressure receivers, all appliances for the transmission of power by ropes, belts, chains, driving straps or bands or gearing, electrical generators and electrical motors; “mediation request” has the meaning given by section 2(1) of the Employment Claims Act 2016; “medical officer” means — ( a ) a medical practitioner employed by the Government or an approved medical institution; or ( b ) any other medical practitioner whom the Minister declares, by notification in the Gazette , to be a medical officer for the purposes of this Act; “medical practitioner” means a medical practitioner registered under the Medical Registration Act 1997, and includes a dentist registered under the Dental Registration Act 1999; “no-pay leave”, for an employee, means leave of absence without pay granted by the employer at the request of the employee; “overtime” means the number of hours worked in any one day or in any one week in excess of the limits specified in Part 4; “place of employment” means any place provided by the employer where work is carried on, for or on behalf of an employer, by an employee; “principal” means any person who, in the course of or for the purposes of the person’s trade or business, contracts with a contractor for the supply of labour or for the execution by the contractor of the whole or any part of any work undertaken by the principal; “productivity incentive payment” means a variable payment, whether made annually or otherwise, to an employee as a reward for — ( a ) an improvement to the employee’s performance; or ( b ) an increase in the employee’s productivity or contribution to the employer’s business, trade or undertaking, but does not include any payment which forms part of the employee’s regular remuneration; “quarters” means any building provided or intended to be provided for a workman to live in either temporarily or permanently, and includes any room or building used or intended to be used whether communally or privately for the purposes of cooking, eating, washing or bathing and any latrines and urinals; “salary” means all remuneration including allowances payable to an employee in respect of work done under his or her contract of service, but does not include — ( a ) the value of any house accommodation, supply of electricity, water, medical attendance, or other amenity, or of any service excluded by general or special order of the Minister published in the Gazette ; ( b ) any contribution paid by the employer on his or her own account to any pension fund or provident fund; ( c ) any travelling allowance or the value of any travelling concession; ( d ) any sum paid to the employee to reimburse him or her for special expenses incurred by him or her in the course of his or her employment; ( e ) any gratuity payable on discharge or retirement; and ( f ) any retrenchment benefit payable on retrenchment; “seafarer” means any person, including the master, who is employed or engaged or works in any capacity on board a ship, but does not include — ( a ) a pilot; ( b ) a port worker; ( c ) a person temporarily employed on the ship during the period it is in port; and ( d ) a person who is employed or engaged or works in any capacity on board a harbour craft or pleasure craft licensed under regulations made under section 41 of the Maritime and Port Authority of Singapore Act 1996, when the harbour craft or pleasure craft is used within a port declared by the Minister under section 3 of that Act; “stillborn child” has the meaning given by section 2(1) of the Registration of Births and Deaths Act 2021; [Act 19 of 2021 wef 29/05/2022] “subcontractor” means any person who contracts with a contractor for the supply of labour or for the execution by the subcontractor of the whole or any part of any work undertaken by the contractor for the contractor’s principal, and includes any person who contracts with a subcontractor to supply labour or to carry out the whole or any part of any work undertaken by the subcontractor for a contractor; “subcontractor for labour” means any person who contracts with a contractor or subcontractor to supply the labour required for the execution of the whole or any part of any work a contractor or subcontractor has contracted to carry out for a principal or contractor, as the case may be; “Tribunal” means an Employment Claims Tribunal constituted under section 4 of the State Courts Act 1970; “wages” means salary; “week” means a continuous period of 7 days; “workman” means — ( a ) any person, skilled or unskilled, who has entered into a contract of service with an employer pursuant to which he or she is engaged in manual labour, including any artisan or apprentice, but excluding any seafarer or domestic worker; ( b ) any person, other than clerical staff, employed in the operation or maintenance of mechanically‑propelled vehicles used for the transport of passengers for hire or for commercial purposes; ( c ) any person employed partly for manual labour and partly for the purpose of supervising in person any workman in and throughout the performance of his or her work: Provided that when any person is employed by any one employer partly as a workman and pa


document_id: ema-1968
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Appointment of officers
content:
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. (2) The Minister may appoint such number of authorised officers, inspecting officers and other officers as the Minister may consider necessary or expedient for the purposes of this Act. [27/2015] (3) The Commissioner may in writing appoint an individual (who may or may not be a public officer) as an authorised person for the purpose of carrying out any function or duty of the Commissioner under this Act or any other written law relating to employment, employment terms or the relations between employers and employees. [21/2016] (4) The Commissioner must, in writing, issue to each authorised person an authorisation specifying — ( a ) the functions and duties of the Commissioner that the authorised person is authorised to carry out; ( b ) the powers of the Commissioner that the authorised person is authorised to exercise; ( c ) the conditions of the authorisation; and ( d ) the limitations to which the authorisation is subject. [21/2016]


document_id: ema-1968
provision_ref: s5
chapter: PART 1 - PRELIMINARY
section: 5
title: Minister may restrict application
content:
5. The Minister may, by notification in the Gazette , declare that this Act or any Part or provisions thereof does not apply to any premises or class of premises specified in the notification.


document_id: ema-1968
provision_ref: s6
chapter: PART 1 - PRELIMINARY
section: 6
title: Existing law not affected
content:
6. Nothing in this Act operates to relieve any employer of any duty or liability imposed upon the employer by any other written law for the time being in force or to limit any powers given to any public officer by any other written law. 7. [ Repealed by Act 32 of 2008 ]


document_id: ema-1968
provision_ref: s8
chapter: PART 2 - CONTRACTS OF SERVICE
section: 8
title: Illegal terms of contract of service
content:
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.


document_id: ema-1968
provision_ref: s9
chapter: PART 2 - CONTRACTS OF SERVICE
section: 9
title: Termination of contract
content:
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.


document_id: ema-1968
provision_ref: s10
chapter: PART 2 - CONTRACTS OF SERVICE
section: 10
title: Notice of termination of contract
content:
10. —(1) Either party to a contract of service may at any time give to the other party notice of the firstmentioned party’s intention to terminate the contract of service. (2) The length of the notice must be the same for both employer and employee and is to be determined by any provision made for the notice in the terms of the contract of service, or, in the absence of such provision, must be in accordance with subsection (3). (3) The notice to terminate the service of a person who is employed under a contract of service must be at least — ( a ) one day’s notice if the person has been so employed for less than 26 weeks; ( b ) one week’s notice if the person has been so employed for 26 weeks or more but less than 2 years; ( c ) 2 weeks’ notice if the person has been so employed for 2 years or more but less than 5 years; and ( d ) 4 weeks’ notice if the person has been so employed for 5 years or more. (4) This section does not prevent either party from waiving that party’s right to notice on any occasion. (5) The notice must be written and may be given at any time, and the day on which the notice is given is included in the period of the notice.


document_id: ema-1968
provision_ref: s11
chapter: PART 2 - CONTRACTS OF SERVICE
section: 11
title: Termination of contract without notice
content:
11. —(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 at the gross rate of pay 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 is the gross rate of pay for one day’s work. (2) Either party to a contract of service may terminate the contract of service without notice in the event of any wilful breach by the other party of a condition of the contract of service.


document_id: ema-1968
provision_ref: s12
chapter: PART 2 - CONTRACTS OF SERVICE
section: 12
title: Contractual age
content:
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.


document_id: ema-1968
provision_ref: s13
chapter: PART 2 - CONTRACTS OF SERVICE
section: 13
title: When contract deemed to be broken by employer and employee
content:
13. —(1) An employer is deemed to have broken the employer’s contract of service with the employee if the employer fails to pay salary in accordance with Part 3. (2) An employee is deemed to have broken the employee’s contract of service with the employer if the employee is absent from work for more than 2 days continuously without prior leave from the employer and — ( a ) the employee has no reasonable excuse for the absence; or ( b ) the employee does not inform and does not attempt to inform the employer of the excuse for the absence. [27/2015]


document_id: ema-1968
provision_ref: s14
chapter: PART 2 - CONTRACTS OF SERVICE
section: 14
title: Dismissal
content:
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] (2) Despite subsection (1), but subject to section 3 of the Employment Claims Act 2016, where a relevant employee considers that he or she has been dismissed without just cause or excuse by his or her employer, the employee may lodge a claim, under section 13 of that Act, for either of the following remedies: ( a ) reinstatement in the employee’s former employment; ( b ) compensation. [55/2018] (2A) For the purposes of subsection (2), a relevant employee means — ( a ) an employee employed in a managerial or an executive position — (i) who is dismissed with notice; or (ii) who is dismissed without notice but receives payment of any salary in lieu of notice, after having served that employer for at least 6 months in any position (whether or not a managerial or an executive position); ( b ) an employee employed in a managerial or an executive position who is dismissed without notice and without salary in lieu of such notice; or ( c ) an employee not employed in a managerial or an executive position. [26/2013; 55/2018] (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] (4) [ Deleted by Act 55 of 2018 ] (5) [ Deleted by Act 55 of 2018 ] (6) [ Deleted by Act 55 of 2018 ] (7) [ Deleted by Act 55 of 2018 ] (7A) [ Deleted by Act 55 of 2018 ] (8) For the purposes of an inquiry under subsection (1), the employer — ( a ) may suspend the employee from work for — (i) a period not exceeding one week; or (ii) such longer period as the Commissioner may determine on an application by the employer; but ( b ) must pay the employee at least half the employee’s salary during the period the employee is suspended from work. [55/2018] (9) If the inquiry does not disclose any misconduct on the employee’s part, the employer must immediately restore to the employee the full amount of the salary so withheld.


document_id: ema-1968
provision_ref: s15
chapter: PART 2 - CONTRACTS OF SERVICE
section: 15
title: Termination by employee threatened by danger
content:
15. An employee may terminate his or her contract of service with his or her employer without notice where the employee or the employee’s dependant is immediately threatened by danger to the person by violence or disease that the employee did not by his or her contract of service undertake to run.


document_id: ema-1968
provision_ref: s16
chapter: PART 2 - CONTRACTS OF SERVICE
section: 16
title: Liability on breach of contract
content:
16. Subject to anything in the contract of service to the contrary, the party who breaks the contract of service is liable to pay to the other party a sum equal to the amount the firstmentioned party would have been liable to pay under section 11 had the firstmentioned party terminated the contract of service without notice or with insufficient notice.


document_id: ema-1968
provision_ref: s17
chapter: PART 2 - CONTRACTS OF SERVICE
section: 17
title:
Contract of service not to restrict rights of employees to join, participate in or organise trade unions

content:
17. Subject to any other written law for the time being in force, nothing in any contract of service restricts, in any way, the right of any employee who is a party to such contract — ( a ) to join a registered trade union; ( b ) to participate in the activities of a registered trade union, whether as an officer of the trade union or otherwise; or ( c ) to associate with any other persons for the purpose of organising a trade union in accordance with the provisions of the Trade Unions Act 1940.


document_id: ema-1968
provision_ref: s18
chapter: PART 2 - CONTRACTS OF SERVICE
section: 18
title: Change of employer
content:
18. —(1) If by or under any written law a contract of employment between any body corporate and an employee is modified and some other body corporate is substituted as the employer, the employee’s period of employment at the time when the modification takes effect counts as a period of employment with that other body corporate, and the change of employer does not break the continuity of the period of employment. (2) If on an employer’s death the employee is taken into the employment of the personal representatives or trustees of the deceased, the employee’s period of employment at the time of the death counts as a period of employment with the employer’s personal representatives or trustees, and the death of the employer does not break the continuity of the period of employment. (3) If there is a change in the partners, personal representatives or trustees who employ any person, the employee’s period of employment at the time of the change counts as a period of employment with the partners, personal representatives or trustees after the change, and the change does not break the continuity of the period of employment.


document_id: ema-1968
provision_ref: s18A
chapter: PART 2 - CONTRACTS OF SERVICE
section: 18A
title: Transfer of employment
content:
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. (2) Without affecting subsection (1), on completion of a transfer referred to in that subsection — ( a ) all the transferor’s rights, powers, duties and liabilities under or in connection with any such contract of service are transferred by virtue of this section to the transferee; ( b ) any act or omission done before the transfer by the transferor in respect of that contract of service is deemed to have been done by the transferee; and ( c ) any act or omission done before the transfer by an employee employed in the undertaking or part transferred in relation to the transferor is deemed to have been done in relation to the transferee. (3) On the completion of a transfer mentioned in subsection (1), it is declared for the avoidance of doubt that the terms and conditions of service of an employee whose contract of service is preserved under that subsection are the same as those enjoyed by the employee immediately prior to the transfer. (4) Subsections (1) and (2) do not transfer or otherwise affect the liability of any person to be prosecuted for, convicted of and sentenced for any offence. (5) As soon as it is reasonable and before a transfer under subsection (1) takes place, to enable consultations to take place between the transferor and the affected employees and between the transferor and a trade union of affected employees (if any), the transferor must notify the affected employees and the trade union of affected employees (if any) of — ( a ) the fact that the transfer is to take place, the approximate date on which it is to take place and the reasons for it; ( b ) the implications of the transfer and the measures that the transferor envisages taking, in connection with the transfer, in relation to the affected employees or, if the transferor envisages that no measures will be so taken, that fact; and ( c ) the measures that the transferee envisages the transferee will, in connection with the transfer, take in relation to such of those employees as, by virtue of subsection (1), become employees of the transferee after the transfer or, if the transferee envisages that no measures will be so taken, that fact. (6) As soon as it is reasonable, the transferee must give the transferor such information so as to enable the transferor to perform the duty imposed on the transferor by virtue of subsection (5)( c ). (7) Where the Commissioner considers that there has been an inordinate delay — ( a ) by the transferor in notifying the affected employees or a trade union of affected employees of the matters set out in subsection (5); or ( b ) by the transferee in notifying the transferor of the information set out in subsection (6), the Commissioner may, by written notice, direct the transferor to comply with subsection (5) or the transferee to comply with subsection (6) (as the case may be) within such time as may be specified in the notice. (8) Where, immediately before a transfer referred to in subsection (1), a trade union is recognised by the transferor for the purposes of the Industrial Relations Act 1960 in respect of any employee who in consequence of the transfer becomes the employee of the transferee, the trade union, after the transfer — ( a ) is deemed to be recognised by the transferee for the purposes of the Industrial Relations Act 1960 if, after the transfer, the majority of employees employed by the transferee are members of the trade union; or ( b ) in any other case, is deemed to be recognised by the transferee only for the purpose of representing the employee on any dispute arising — (i) from any collective agreement that was entered into between the transferor and the trade union while the collective agreement remains in force; or (ii) from the transfer of the employee’s employment from the transferor to the transferee under this section. (8A) For the purposes of subsection (8)( b ), any collective agreement that was entered into between the transferor and the trade union of the affected employees and in force immediately before the transfer continues in force between the transferee and the trade union of the affected employees for a period of 18 months after the date of the transfer or until the date of its expiry as specified in the collective agreement, whichever is the later. [26/2013] (9) A dispute or disagreement between the transferor and an employee or the transferee and an employee arising from a transfer under subsection (1), whether before or after the transfer, may be referred by a party to the dispute or disagreement to the Commissioner under section 115 and is deemed to be a dispute to which that section applies. (10) Where a dispute or disagreement has been referred to the Commissioner pursuant to subsection (9), the Commissioner has, in addition to the powers conferred under section 115, the powers — ( a ) to delay or prohibit the transfer of employment of the employee to the dispute from the transferor to the transferee under subsection (1); and ( b ) to order that the transfer of employment of the employee to the dispute from the transferor to the transferee under subsection (1) be subject to any terms that the Commissioner considers just. (11) The Minister may make regulations that the Minister considers necessary or expedient to give effect to the provisions of this section and, in particular, may make regulations — ( a ) to provide for the form and manner of consultations between the transferor and the affected employees and between the transferor and a trade union of affected employees under subsection (5); ( b ) for the type of information that must be communicated by the transferor to the affected employees and to a trade union of affected employees under subsection (5), or by the transferee to the transferor under subsection (6); and ( c ) to provide for a mechanism for conciliation of disputes arising out of or relating to a transfer mentioned in subsection (1) between any employer and employee. (12) Nothing in this section prevents a transferee of an undertaking referred to in subsection (1) and an employee whose contract of service is preserved under that subsection or a trade union representing such an employee from negotiating for and agreeing to terms of service different from those contained in the contract of service that is preserved under that subsection. (13) In this section — “affected employee” means any employee of the transferor who may be affected by a transfer under subsection (1) or may be affected by the measures taken in connection with such a transfer; “trade union” means a trade union which has been — ( a ) registered under any written law for the time being in force relating to the registration of trade unions; and ( b ) accorded recognition by the employer pursuant to section 17(1) of the Industrial Relations Act 1960; “transfer” includes the disposition of a business as a going concern and a transfer effected by sale, amalgamation, merger, reconstruction or operation of law; “undertaking” includes any trade or business.


document_id: ema-1968
provision_ref: s19
chapter: PART 2 - CONTRACTS OF SERVICE
section: 19
title: Offence
content:
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.


document_id: ema-1968
provision_ref: s20
chapter: PART 3 - PAYMENT OF SALARY
section: 20
title: Fixation of salary period
content:
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.


document_id: ema-1968
provision_ref: s20A
chapter: PART 3 - PAYMENT OF SALARY
section: 20A
title: Computation of salary for incomplete month’s work
content:
20A. —(1) If a monthly-rated employee has not completed a whole month of service because — ( a ) he or she commenced employment after the first day of the month; ( b ) his or her employment was terminated before the end of the month; ( c ) he or she took leave of absence without pay for one or more days of the month; or ( d ) he or she took leave of absence to perform his or her national service under the Enlistment Act 1970, the salary due to him or her for that month is to be calculated in accordance with the following formula: Monthly gross rate of pay
x
Number of days the employee
actually worked in that month. Number of days on which the
employee is required to work
in that month (2) In calculating the number of days actually worked by an employee in a month under subsection (1), any day on which an employee is required to work for 5 hours or less under his or her contract of service is regarded as half a day.


document_id: ema-1968
provision_ref: s21
chapter: PART 3 - PAYMENT OF SALARY
section: 21
title: Time of payment
content:
21. —(1) Salary earned by an employee under a contract of service, other than additional payments for overtime work, must be paid before the expiry of the 7th day after the last day of the salary period in respect of which the salary is payable. (2) Additional payments for overtime work must be paid not later than 14 days after the last day of the salary period during which the overtime work was performed. (3) The total salary due to an employee on completion of his or her contract of service must be paid to him or her on completion of the contract.


document_id: ema-1968
provision_ref: s22
chapter: PART 3 - PAYMENT OF SALARY
section: 22
title: Payment on dismissal
content:
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]


document_id: ema-1968
provision_ref: s23
chapter: PART 3 - PAYMENT OF SALARY
section: 23
title: Payment on termination by employee
content:
23. —(1) Subject to the provisions of this Act, the total salary due to an employee who terminates his or her contract of service with his or her employer under section 11, or after giving due notice to the employer as required under section 10, must be paid to the employee on the day on which the contract of service is terminated. (2) Subject to the provisions of this Act, the total salary due to an employee who terminates his or her contract of service without giving prior notice to his or her employer as required under section 10, or, if notice has already been given under that section, but the employee terminates his or her contract of service without waiting for the expiry of the notice, must be paid to the employee before the expiry of the 7th day after the day on which the employee terminates his or her contract of service. (3) The employer may, subject to any order made by a court or the Commissioner to the contrary, deduct from the salary due to the employee such sum as the employee is liable to pay in lieu of prior notice under section 11(1).


document_id: ema-1968
provision_ref: s24
chapter: PART 3 - PAYMENT OF SALARY
section: 24
title: Income tax clearance
content:
24. —(1) Despite sections 22 and 23, no payment of salary or any other sum due to an employee on termination of service is to be made to the employee by the employer without the permission of the Comptroller of Income Tax under section 68(7) of the Income Tax Act 1947. [32/2008] (2) The employer must immediately give notice of the termination of service to the Comptroller of Income Tax and the payment of the salary or other sum due to the employee must not be delayed more than 30 days after the notice has been given to and received by the Comptroller of Income Tax. [32/2008]


document_id: ema-1968
provision_ref: s25
chapter: PART 3 - PAYMENT OF SALARY
section: 25
title: Payment to be made during working hours
content:
25. —(1) Payment of salary must be made on a working day and during working hours at the place of work or at any other place agreed to between the employer and the employee. (2) Subsection (1) does 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.


document_id: ema-1968
provision_ref: s26
chapter: PART 3 - PAYMENT OF SALARY
section: 26
title: No unauthorised deductions to be made
content:
26. —(1) No deduction is to be made by an employer from the salary of an employee, unless the deduction is authorised by or under any provision of this Act or is required to be made — ( a ) by order of a court or other authority competent to make such order; ( b ) pursuant to a declaration made by the Comptroller of Income Tax under section 57 of the Income Tax Act 1947, the Comptroller of Property Tax under section 38 of the Property Tax Act 1960 or the Comptroller of Goods and Services Tax under section 79 of the Goods and Services Tax Act 1993 that the employer is an agent for recovery of income tax, property tax or goods and services tax (as the case may be) payable by the employee; [Act 19 of 2025 wef 05/12/2025] ( c ) pursuant to a direction given by the Comptroller of Income Tax under section 91 of the Income Tax Act 1947; [26/2013] [Act 19 of 2025 wef 05/12/2025] ( d ) pursuant to a declaration made by a MediShield Life Scheme recovery body under section 12 of the MediShield Life Scheme Act 2015 that the employer is an agent for recovery of any outstanding premium (within the meaning of that Act) payable by the employee; or [Act 19 of 2025 wef 05/12/2025] ( e ) pursuant to a declaration made by a CSHL Scheme recovery body under section 24 of the CareShield Life and Long‑Term Care Act 2019 that the employer is an agent for recovery of any outstanding premium (within the meaning of that Act) payable by the employee. [Act 19 of 2025 wef 05/12/2025] (2) In this section — “CSHL Scheme recovery body” has the meaning given by the definition of “recovery body” in section 2(1) of the CareShield Life and Long‑Term Care Act 2019; “MediShield Life Scheme recovery body” has the meaning given by the definition of “recovery body” in section 2(1) of the MediShield Life Scheme Act 2015. [Act 19 of 2025 wef 05/12/2025]


document_id: ema-1968
provision_ref: s27
chapter: PART 3 - PAYMENT OF SALARY
section: 27
title: Authorised deductions
content:
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; ( j ) deductions made with the employee’s written consent and paid by the employer to any cooperative society registered under any written law for the time being in force in respect of subscriptions, entrance fees, instalments of loans, interest and other dues payable by the employee to such society; ( k ) any other prescribed deductions. [26/2013; 55/2018] (1A) An employee’s written consent for any deduction mentioned in subsection (1)( d ), ( e ), ( i ) or ( j ) may be withdrawn by the employee giving written notice of the withdrawal to the employer at any time before the deduction is made. [55/2018] (1B) An employee cannot be penalised for withdrawing a written consent for any deduction mentioned in subsection (1)( d ), ( e ), ( i ) or ( j ). [55/2018] (2) In subsection (1)( e ), “services” does not include the supply of tools and raw materials required for the purposes of employment. (3) In subsection (1)( f ), “employment benefit” — ( a ) means any benefit that an employee derives from being employed, other than salary; and ( b ) includes (but is not limited to) benefits such as the following: (i) any annual leave in excess of the annual leave to which the employee is entitled under section 88A; (ii) any flexible employment benefit (such as an allowance that can be utilised, at the employee’s discretion, for any of certain purposes specified in the employee’s contract of service). [55/2018]


document_id: ema-1968
provision_ref: s28
chapter: PART 3 - PAYMENT OF SALARY
section: 28
title: Deductions for absence
content:
28. —(1) Deductions may be made under section 27(1)( a ) only on account of the absence of an employee from the place where, by the terms of his or her employment, he or she is required to work, the absence being for the whole or any part of the period during which he or she is so required to work. (2) The amount of any deduction referred to in subsection (1) must not bear a larger proportion to the salary payable at the gross rate of pay to the employee in respect of the salary period for which the deduction is made than the proportion the period for which the employee was absent bears to the total period within such salary period during which the employee was required to work by the terms of his or her employment; and in the case of a monthly‑rated employee the amount of deduction in respect of any one day is the gross rate of pay for one day’s work. (3) If any employee absents himself or herself from work otherwise than as provided by this Act or by his or her contract of service, the employer may, subject to any order which may be made by a court or by the Commissioner on complaint of either party, deduct from any salary due to the employee the cost of food supplied to him or her during his or her absence.


document_id: ema-1968
provision_ref: s29
chapter: PART 3 - PAYMENT OF SALARY
section: 29
title: Deductions for damages or loss
content:
29. —(1) A deduction under section 27(1)( b ) must not exceed the amount of the damages or loss caused to the employer by the neglect or default of the employee and, except with the Commissioner’s permission, must not in any case exceed one‑quarter (or such other proportion prescribed in substitution by the Minister) of one month’s wages and must not be made until the employee has been given an opportunity of showing cause against the deduction. [26/2013] (2) All such deductions and all realisations thereof must be recorded in a register to be kept by the employer in such form as may be prescribed.


document_id: ema-1968
provision_ref: s30
chapter: PART 3 - PAYMENT OF SALARY
section: 30
title: Deductions for accommodation, amenity and service
content:
30. —(1) [ Deleted by Act 55 of 2018 ] (2) Any deduction under section 27(1)( d ) or ( e ) must not exceed an amount equivalent to the value of the house accommodation, amenity or service supplied, and the total amount of all deductions under 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] (3) In the case of a deduction under section 27(1)( e ), the deduction is subject to such conditions as the Commissioner may impose. [26/2013]


document_id: ema-1968
provision_ref: s31
chapter: PART 3 - PAYMENT OF SALARY
section: 31
title: Recovery of advances and loans
content:
31. —(1) The recovery of an advance of money made to an employee before the commencement of a contract of service is to begin from the first payment of salary in respect of a completed salary period, but no recovery may be made of any such advance made for travelling expenses. (2) Advances may be recovered in instalments by deductions from salary spread over not more than 12 months. (3) An instalment under subsection (2) must not exceed one‑quarter (or such other proportion prescribed in substitution by the Minister) of the salary due for the salary period in respect of which the deduction is made. [26/2013] (4) Loans may be recovered in instalments by deductions from salary. (5) An instalment under subsection (4) must not exceed one‑quarter (or such other proportion prescribed in substitution by the Minister) of the salary due for the salary period in respect of which the deduction is made. [26/2013]


document_id: ema-1968
provision_ref: s32
chapter: PART 3 - PAYMENT OF SALARY
section: 32
title: Deductions not to exceed prescribed limit
content:
32. —(1) The total amount of all deductions made from an employee’s salary by an employer in any one salary period, other than deductions under section 27(1)( a ), ( f ) or ( j ), must not exceed 50% (or such other percentage 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.


document_id: ema-1968
provision_ref: s33
chapter: PART 3 - PAYMENT OF SALARY
section: 33
title: Priority of salary to other debts
content:
33. —(1) This section applies — ( a ) to workmen who are in receipt of a salary not exceeding $4,500 a month (excluding overtime payments, bonus payments, annual wage supplements, productivity incentive payments and any allowance however described) or such other amount as the Minister may prescribe; and ( b ) to every employee (other than a workman or a person employed in a managerial or an executive position) who receives a salary not exceeding $2,600 a month (excluding any overtime payment, bonus payment, annual wage supplement, productivity incentive payment and any allowance however described) or such other amount as the Minister may prescribe. [26/2013; 55/2018] (2) When, on the application of a person holding a mortgage, charge or lien or of a person who has obtained a judgment or decree, the property of an employer is sold, or any money due to the employer is garnished, the court ordering the sale or garnishment must not distribute the proceeds of the sale or the money to the person entitled thereto unless the court has ascertained and paid the salary due to all the employees employed by that employer and to all employees engaged by a contractor or subcontractor and working for that employer. (3) This section applies only — ( a ) to property on which those employees were or are working; ( b ) where the property sold was or is the produce of the work of those employees; ( c ) where the property sold is movable property used or being used by those employees in the course of their work; or ( d ) to money due to the employer in respect of work done by those employees. (4) The amount payable to each such employee under subsection (2) must not exceed 5 months’ salary. (5) [ Deleted by Act 21 of 2016 ] (6) [ Deleted by Act 21 of 2016 ] (7) In this section, “employees” is deemed to include subcontractors for labour and “salary” is deemed to include money due to a subcontractor for labour.


document_id: ema-1968
provision_ref: s34
chapter: PART 3 - PAYMENT OF SALARY
section: 34
title: Offence
content:
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] (2) Any employer who is guilty of an offence under subsection (1) for contravening section 21, 22 or 23 shall be liable on conviction — ( a ) to a fine of not less than $3,000 and not more than $15,000 or to imprisonment for a term not exceeding 6 months or to both; and ( b ) if the employer is a repeat offender, to a fine of not less than $6,000 and not more than $30,000 or to imprisonment for a term not exceeding 12 months or to both. [26/2013] (3) For the purposes of subsection (2), a person is a repeat offender in relation to an offence under subsection (1) if the person who is convicted or found guilty of an offence under subsection (1) of contravening section 21, 22 or 23 (called the current offence) has been convicted or found guilty of an offence of contravening section 21, 22 or 23 on at least one other occasion (whether before, on or after 1 April 2014) before the date on which the person is convicted or found guilty of the current offence. [26/2013]


document_id: ema-1968
provision_ref: s35
chapter: PART 4 - REST DAYS, HOURS OF WORK AND OTHER
section: 35
title: Application of this Part to certain workmen and other employees
content:
35. The provisions of this Part apply — ( a ) to workmen who are in receipt of a salary not exceeding $4,500 a month (excluding overtime payments, bonus payments, annual wage supplements, productivity incentive payments and any allowance however described) or such other amount as the Minister may prescribe; and ( b ) to every employee (other than a workman or a person employed in a managerial or an executive position) who receives a salary not exceeding $2,600 a month (excluding any overtime payment, bonus payment, annual wage supplement, productivity incentive payment and any allowance however described) or such other amount as the Minister may prescribe. [26/2013; 55/2018]


document_id: ema-1968
provision_ref: s36
chapter: PART 4 - REST DAYS, HOURS OF WORK AND OTHER
section: 36
title: Rest day
content:
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 informing the employee of the days appointed to be his or her rest days in the month.


document_id: ema-1968
provision_ref: s37
chapter: PART 4 - REST DAYS, HOURS OF WORK AND OTHER
section: 37
title: Work on rest day
content:
37. —(1) Subject to section 38(2) or 40(2A), an employee must not be compelled to work on a rest day unless he or she is engaged in work which by reason of its nature requires to be carried on continuously by a succession of shifts. (1A) In the event of any dispute, the Commissioner has power to decide whether or not an employee is engaged in work which by reason of its nature requires to be carried on continuously by a succession of shifts. (2) An employee who at his or her own request works for an employer on a rest day must be paid for that day — ( a ) if the period of work does not exceed half the employee’s normal hours of work, a sum at the basic rate of pay for half a day’s work; ( b ) if the period of work is more than half but does not exceed the employee’s normal hours of work, a sum at the basic rate of pay for one day’s work; or ( c ) if the period of work exceeds the employee’s normal hours of work for one day — (i) a sum at the basic rate of pay for one day’s work; and (ii) a sum at the rate of not less than one and a half times the employee’s hourly basic rate of pay for each hour or part thereof that the period of work exceeds the employee’s normal hours of work for one day. (3) An employee who at the request of his or her employer works on a rest day must be paid for that day — ( a ) if the period of work does not exceed half the employee’s normal hours of work, a sum at the basic rate of pay for one day’s work; ( b ) if the period of work is more than half but does not exceed the employee’s normal hours of work, a sum at the basic rate of pay for 2 days’ work; or ( c ) if the period of work exceeds the employee’s normal hours of work for one day — (i) a sum at the basic rate of pay for 2 days’ work; and (ii) a sum at the rate of not less than one and a half times the employee’s hourly basic rate of pay for each hour or part thereof that the period of work exceeds the employee’s normal hours of work for one day. (3A) In this section — ( a ) “normal hours of work” means the number of hours of work (not exceeding the limits applicable to an employee under section 38 or 40, as the case may be) that is agreed between an employer and an employee to be the usual hours of work per day; or in the absence of any such agreement, is deemed to be 8 hours a day; and ( b ) an employee’s “hourly basic rate of pay” is to be calculated in the same manner as for the purpose of calculating payment due to an employee under section 38 for working overtime. (4) Subsection (3) does not apply to any employee who is employed by the Government or a statutory body in any of the essential services as defined under Part 3 of the Criminal Law (Temporary Provisions) Act 1955, but any such employee who at the request of his or her employer works on a rest day or part thereof must be given a day or part of a day off (as the case may be) in substitution for such a rest day or part thereof.


document_id: ema-1968
provision_ref: s38
chapter: PART 4 - REST DAYS, HOURS OF WORK AND OTHER
section: 38
title: Hours of work
content:
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; ( c ) work essential for defence or security; ( d ) urgent work to be done to machinery or plant; ( e ) an interruption of work which it was impossible to foresee; or ( f ) work to be performed by employees in any industrial undertaking essential to the economy of Singapore or any of the essential services as defined under Part 3 of the Criminal Law (Temporary Provisions) Act 1955. (3) In the event of any dispute, the Commissioner has power to decide whether or not the employer is justified in calling upon the employee to work in the circumstances specified in subsection (2)( f ). (4) If an employee at the request of the employer works — ( a ) more than 8 hours in one day except as provided in paragraphs ( d ) and ( e ) 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 ( f ) 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 2 weeks in any case specified in that paragraph, the employee must be paid for the extra work at the rate of not less than one and a half times the employee’s hourly basic rate of pay irrespective of the basis on which the employee’s rate of pay is fixed. (5) An employee must not be permitted to work overtime for more than 72 hours a month. (6) For the purpose of calculating under subsection (4) the payment due for overtime to an employee referred to in the first column of the Fourth Schedule, the employee’s hourly basic rate of pay is to be determined in accordance with the second column of the Fourth Schedule. [26/2013] (7) The Minister may make regulations for the purpose of calculating the payment due for overtime to an employee employed on piece rates. (8) Except in the circumstances described in subsection (2)( a ), ( b ), ( c ), ( d ) and ( e ), an employee must not under any circumstances work for more than 12 hours in any one day. (9) This section does not apply to employees engaged in the fire services or in work which by its nature involves long hours of inactive or stand‑by employment.


document_id: ema-1968
provision_ref: s39
chapter: PART 4 - REST DAYS, HOURS OF WORK AND OTHER
section: 39
title: Task work
content:
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.


document_id: ema-1968
provision_ref: s40
chapter: PART 4 - REST DAYS, HOURS OF WORK AND OTHER
section: 40
title: Shift workers, etc.
content:
40. —(1) Despite section 38(1), an employee who is engaged under his or her 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 must not exceed 44 hours per week. (2) No consent given by an employee under this section is valid unless 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. (2A) An employee to whom this section applies 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; ( c ) work essential for defence or security; ( d ) urgent work to be done to machinery or plant; ( e ) an interruption of work which it was impossible to foresee; or ( f ) work to be performed by employees in any industrial undertaking essential to the economy of Singapore or any of the essential services as defined under Part 3 of the Criminal Law (Temporary Provisions) Act 1955. [26/2013] (3) Except in the circumstances described in subsection (2A)( a ), ( b ), ( c ), ( d ) and ( e ), an employee to whom this section applies must not under any circumstances work for more than 12 hours in any one day. [26/2013] (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).


document_id: ema-1968
provision_ref: s41
chapter: PART 4 - REST DAYS, HOURS OF WORK AND OTHER
section: 41
title: Interpretation of “week” for purposes of sections 36, 38 and 40
content:
41. In sections 36, 38 and 40, “week” means a continuous period of 7 days commencing at midnight on Sunday.


document_id: ema-1968
provision_ref: s41A
chapter: PART 4 - REST DAYS, HOURS OF WORK AND OTHER
section: 41A
title: Power to exempt
content:
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 employees, by written order, direct that the entitlement to be paid for extra work under section 37(2) or (3), 38(4), 40(4) or 88(4) does not apply to that employee or class of employees, subject to such conditions as the Commissioner thinks fit. (3) Where the Commissioner — ( a ) exempts an employee or any class of employees from section 38(1), (5) or (8) or 40(3); or ( b ) directs that the entitlement to be paid for extra work under section 37(2) or (3), 38(4), 40(4) or 88(4) does not apply to an employee or any class of employees, the employer must display the order or a copy thereof conspicuously in the place where the employee or class of employees are employed. 42. [ Repealed by Act 32 of 2008 ] 43. [ Repealed by Act 55 of 2018 ] 44. [ Repealed by Act 32 of 2008 ]


document_id: ema-1968
provision_ref: s45
chapter: PART 4 - REST DAYS, HOURS OF WORK AND OTHER
section: 45
title: Payment of retrenchment benefit
content:
45. No employee who has been in continuous service with an employer for less than 2 years is entitled to any retrenchment benefit on his or her dismissal on the ground of redundancy or by reason of any reorganisation of the employer’s profession, business, trade or work. [26/2013]


document_id: ema-1968
provision_ref: s46
chapter: PART 4 - REST DAYS, HOURS OF WORK AND OTHER
section: 46
title: Retirement benefit
content:
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.


document_id: ema-1968
provision_ref: s47
chapter: PART 4 - REST DAYS, HOURS OF WORK AND OTHER
section: 47
title: Priority of retirement benefits, etc.
content:
47. —(1) Where a collective agreement or an award contains a provision for the payment of a gratuity or other sum of money to an employee on his or her retirement or on the termination of his or her services under such circumstances as may be provided for in the collective agreement or award, the gratuity or other sum of money which is due and owing to the employee is to be included among — ( a ) the debts which, under section 203 of the Insolvency, Restructuring and Dissolution Act 2018, are to be paid in priority to all other unsecured debts in the winding up of a company and that gratuity or sum of money ranks after the preferential debts referred to in that section; [S 26/2022 wef 13/01/2022] ( b ) the debts which, under section 352 of the Insolvency, Restructuring and Dissolution Act 2018, are to be paid in priority to all other debts in the distribution of the property of a bankrupt or of a person dying insolvent; [40/2018] [S 26/20222 wef 13/01/2022] ( 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] ( d ) the debts which, under section 203 of the Insolvency, Restructuring and Dissolution Act 2018 (as applied by section 130 of the VCC Act as in force on 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] ( f ) the debts which, under section 203 of the Insolvency, Restructuring and Dissolution Act 2018 (as applied by section 33(2) of the VCC Act read with the First Schedule to the VCC Act as in force on 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. [S 26/2022 wef 13/01/2022] (2) Where a collective agreement or an award contains a provision for the payment of a gratuity or other sum of money to an employee on his or her retirement and no provision is made for the payment of a gratuity or other sum of money on the termination of the employee’s services by reason of his or her employer ceasing to carry on business for whatever reason, or by reason of the employer transferring the whole or part of the employer’s undertaking or property (as the case may be), every such collective agreement or award is deemed, despite anything contained in any written law or rule of law or collective agreement or award to the contrary, to contain a provision that in the event of the employer ceasing to carry on business for whatever reason or transferring the whole or part of the employer’s undertaking or property (as the case may be), an employee who ceases to be employed by the employer by reason of the happening of such a contingency must be paid such sum of money as the employee would have been entitled to receive under the terms of the collective agreement or award if the employee had retired from the service of the employer on the day the employer ceases to carry on business or transfers the whole or part of the employer’s undertaking or property, as the case may be. (3) Subsection (2) does not apply where an employer has set up a fund under a scheme for the payment of pensions, gratuities, provident fund or other superannuation benefits to the employer’s employees on their retirement from the service of the employer whereby under the scheme the employees’ benefits are safeguarded in the event of an employer’s bankruptcy or, if the employer is a company or VCC, on the winding up of the company or VCC or in the event of the employer ceasing to carry on business for any other reason or transferring the whole or part of the employer’s undertaking or property, as the case may be. [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] “company” has the meaning given by section 4(1) of the Companies Act 1967; [S 26/2022 wef 13/01/2022] “operative date” means the date of commencement of sections 29, 48 and 62 of the Variable Capital Companies (Miscellaneous Amendments) Act 2019; [S 26/2022 wef 13/01/2022] “sub-fund”, “umbrella VCC” and “VCC” have the meanings given by section 2(1) of the VCC Act; [S 26/2022 wef 13/01/2022] “VCC Act” means the Variable Capital Companies Act 2018. [S 26/2022 wef 13/01/2022]


document_id: ema-1968
provision_ref: s48
chapter: PART 4 - REST DAYS, HOURS OF WORK AND OTHER
section: 48
title: Payment of annual wage supplement or other variable payment
content:
48. —(1) Where a contract of service or collective agreement made before 26 August 1988 provides for the payment by the employer of any annual wage supplement, annual bonus or annual wage increase, the payments continue to be payable by the employer until the employer and the employer’s employees or a trade union representing the employer’s employees have negotiated and agreed to vary the payments. (2) An employer and the employer’s employees or a trade union representing the employer’s employees may negotiate for and agree to a variable payment based on the trading results or productivity or on any other criteria agreed upon by the parties concerned. (3) Where an employer has not paid any annual wage supplement prior to 26 August 1988, any contract of service or collective agreement made on or after that date between the employer and the employer’s employees or a trade union representing the employer’s employees must not contain a provision for the payment of an annual wage supplement exceeding the equivalent of one month’s wages of the employees. (4) 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 of an annual wage supplement which is in excess of the amount specified in subsection (3) and any employer who pays an annual wage supplement exceeding the amount specified in subsection (3) shall be guilty of an offence. (5) Even though an annual wage supplement may be payable under subsection (1) or (3), an employer may, in the event of exceptionally poor business results for any year, invite the employees or a trade union representing the employer’s employees to negotiate for a lower quantum of annual wage supplement or for no annual wage supplement to be paid for that year.


document_id: ema-1968
provision_ref: s49
chapter: PART 4 - REST DAYS, HOURS OF WORK AND OTHER
section: 49
title: Power of Minister to make recommendations for wage adjustments
content:
49. The Minister may make recommendations for wage adjustment, and upon the publication of the recommendations in the Gazette the employer and the employer’s employees or a trade union representing the employer’s employees may negotiate based on those recommendations.


document_id: ema-1968
provision_ref: s50
chapter: PART 4 - REST DAYS, HOURS OF WORK AND OTHER
section: 50
title: Interpretation for purposes of sections 48 and 49
content:
50. —(1) Where a notice is served under section 18 of the Industrial Relations Act 1960 by an employer or a trade union representing the employer’s employees in respect of any matter referred to in sections 48 and 49 and no agreement is reached between the parties, either party may, despite the provisions of the Industrial Relations Act 1960, refer the matter to the Industrial Arbitration Court established under the Industrial Relations Act 1960 for arbitration. (2) In sections 48 and 49 — “annual wage supplement” means a single annual payment to employees that is supplemental to the total amount of annual wages earned by them, whether expressed as a percentage thereof or otherwise; “variable payment” means such payment, however expressed and whether paid annually or otherwise, which serves as an incentive to all employees to increase their productivity or as a reward for their contribution; “wages” means the basic wages payable to an employee in respect of work done under his or her contract of service but does not include any commission, overtime allowance or other allowances payable to an employee. 51. [ Repealed by Act 36 of 1995 ]


document_id: ema-1968
provision_ref: s52
chapter: PART 4 - REST DAYS, HOURS OF WORK AND OTHER
section: 52
title: Power to suspend application of this Part
content:
52. The Minister may, by notification in the Gazette , suspend the application of any of the provisions of this Part to any classes of employees when the public interest so requires it.


document_id: ema-1968
provision_ref: s53
chapter: PART 4 - REST DAYS, HOURS OF WORK AND OTHER
section: 53
title: Offence
content:
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 exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: ema-1968
provision_ref: s54
chapter: PART 5 - TRUCK SYSTEM
section: 54
title: Agreements to pay salary otherwise than in legal tender illegal
content:
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.


document_id: ema-1968
provision_ref: s55
chapter: PART 5 - TRUCK SYSTEM
section: 55
title: Agreements as to place and manner, etc., of spending salary illegal
content:
55. A contract of service must not contain any terms as to the place at which, or the manner in which, or the person with whom, any salary paid to the workman is to be expended and every contract of service containing such terms is illegal and void.


document_id: ema-1968
provision_ref: s56
chapter: PART 5 - TRUCK SYSTEM
section: 56
title: Salary to be paid entirely in legal tender
content:
56. Except where otherwise expressly permitted by the provisions of this Act, the entire amount of the salary earned by, or payable to, any workman in respect of any work done by him or her must be actually paid to him or her in legal tender, and every payment of, or on account of, any such salary made in any other form is illegal and void.


document_id: ema-1968
provision_ref: s57
chapter: PART 5 - TRUCK SYSTEM
section: 57
title: Recovery of salary not paid in legal tender
content:
57. Every workman is entitled to recover in any court or before the Commissioner, acting under section 115, so much of his or her salary exclusive of sums lawfully deducted in accordance with the provisions of this Act as has not been actually paid to him or her in legal tender.


document_id: ema-1968
provision_ref: s58
chapter: PART 5 - TRUCK SYSTEM
section: 58
title: Interest on advances forbidden
content:
58. An employer must not make any deduction by way of discount, interest or any similar charge on account of any advance of salary made to any workman.


document_id: ema-1968
provision_ref: s59
chapter: PART 5 - TRUCK SYSTEM
section: 59
title: Remuneration other than salary
content:
59. Nothing in this Part renders illegal a contract of service with a workman for giving to the workman food, quarters or other allowances or privileges in addition to money salary as a remuneration for the workman’s services, but an employer must not give to a workman any noxious drugs or intoxicating liquor by way of remuneration.


document_id: ema-1968
provision_ref: s60
chapter: PART 5 - TRUCK SYSTEM
section: 60
title: Shops and canteens
content:
60. —(1) Nothing in this Part prevents the employer from establishing or permitting to be established a shop or a canteen for the sale of foodstuffs, provisions, meals or refreshments; but a workman must not be compelled by any contract of service to purchase any goods at that shop or canteen, and noxious drugs and intoxicating liquor must not be sold at any such shop or canteen. (2) An employer must not establish or keep or permit to be established or kept, a shop or canteen on any place of employment for the sale of foodstuffs, provisions, meals or refreshments to the employer’s workmen otherwise than in accordance with subsection (1).


document_id: ema-1968
provision_ref: s61
chapter: PART 5 - TRUCK SYSTEM
section: 61
title: Offence
content:
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 ]


document_id: ema-1968
provision_ref: s63
chapter: PART 5 - TRUCK SYSTEM
section: 63
title: Payment of salary through bank
content:
63. —(1) Nothing in section 54 or 56 operates so as to render unlawful or invalid any payment of salary by the employer to the workman in any of the following ways: ( a ) payment into an account at a bank in Singapore, being an account in the name of the workman or an account in the name of the workman jointly with one or more other persons; ( b ) payment by cheque made payable to or to the order of the workman. (2) Where the salary or part thereof has been paid in any of the ways set out in subsection (1), section 57 does not operate to give a right of recovery of so much of the salary as has been so paid.


document_id: ema-1968
provision_ref: s65
chapter: PART 6 - CONTRACTORS AND CONTRACTING
section: 65
title: Liability of principals, contractors and subcontractors for salary of workman
content:
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 to priority of salary) applies as if reference to the principal were substituted for reference to the employer, except that salary claimed is to be calculated with reference to the salary of the workman under the employer by whom the workman is immediately employed. (1A) No principal, contractor or subcontractor, not being the employer, is jointly and severally liable to any workman under subsection (1) for more than the salary earned in one month for work done by the employer. (1B) In the case of a contract for constructional work, the principal is not liable for the payment of salary under subsection (1) unless the principal is also a constructional contractor. (1C) [ Deleted by Act 21 of 2016 wef 01/04/2017 ] (2) A workman who wishes to recover any salary from a person liable under this section for the salary must, before lodging a claim for the salary under section 13 of the Employment Claims Act 2016, submit to the Commissioner, under section 3(1) of that Act, a mediation request for the mediation under Part 2 of that Act of every dispute for which the claim will be lodged. [21/2016] (2A) The workman must submit the mediation request to the Commissioner within 60 days after the date on which the salary becomes due for payment in accordance with Part 3. [21/2016] (2B) The Commissioner may extend the period under subsection (2A) within which the workman must submit the mediation request to the Commissioner. [21/2016] (2C) However, if a workman has lodged, before 1 April 2017, a claim under section 119 for any salary against a person liable under this section for the salary — ( a ) subsections (2), (2A) and (2B) do not apply to the recovery of the salary under that claim; and ( b ) instead, the repealed section 65(1C) and (2) as in force immediately before 1 April 2017 continues to apply to the recovery of the salary under that claim. [21/2016] (3) Nothing in this section prevents any principal or contractor or subcontractor, not being the employer, who as the result of a claim made under this section has paid any salary to a workman, from instituting civil proceedings for the recovery of the amount of salary so paid from the employer of that workman. (4) Nothing in this section prevents a workman from recovering salary under this Act from his or her employer instead of the principal or contractor or subcontractor. (5) The reference to principal in this section includes a reference to the Government or a statutory body or authority acting in the course of or in the discharge of its functions.


document_id: ema-1968
provision_ref: s66
chapter: PART 6 - CONTRACTORS AND CONTRACTING
section: 66
title: Registration of contractors and subcontractors
content:
66. —(1) The Minister may, by notification in the Gazette , require all contractors and subcontractors to be registered with the Commissioner and thereafter a person must not act as a contractor or a subcontractor unless the person is so registered. (2) Every application for such registration must be in the prescribed form. (3) Every person so registered under this section as a contractor or subcontractor is deemed to be the employer of the workmen employed by that person. (4) Every contractor or subcontractor who has been so registered and who changes the name under which that contractor or subcontractor carries on business must within 7 days of the change of name apply in writing to the Commissioner for re‑registration and cancellation of the previous registration. (5) The Commissioner may effect the registration of any person under this section and may cancel any such registration. (6) The Minister may make regulations to prescribe the requirements and conditions for registration of a contractor or subcontractor under this section. (7) Any person who contravenes this section shall be guilty of an offence.


document_id: ema-1968
provision_ref: s66A
chapter: PART 6A - PART-TIME EMPLOYEES
section: 66A
title: Part-time employees
content:
66A. —(1) In this Part, “part-time employee” means an employee who is required under his or her contract of service with an employer to work for less than 35 hours a week. (2) Despite subsection (1), the Minister may, by notification in the Gazette , declare that any employee or class of employees are not to be regarded as part‑time employees for the purposes of this Part.


document_id: ema-1968
provision_ref: s66B
chapter: PART 6A - PART-TIME EMPLOYEES
section: 66B
title: Minister may exclude or modify Act in relation to part-time employees
content:
66B. The Minister may by regulations exclude or modify any or all of the provisions of this Act in their application to any part‑time employee or class of part‑time employees.


document_id: ema-1968
provision_ref: s67
chapter: PART 7 - DOMESTIC WORKERS
section: 67
title: Minister may apply Act to domestic workers
content:
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.


document_id: ema-1968
provision_ref: s67A
chapter: PART 8 - EMPLOYMENT OF CHILDREN AND YOUNG PERSONS
section: 67A
title: Interpretation of this Part
content:
67A. In this Part — “child” means a person who has not completed his or her 15th year of age; “young person” means a person who has completed his or her 15th year of age but who has not completed his or her 16th year of age.


document_id: ema-1968
provision_ref: s68
chapter: PART 8 - EMPLOYMENT OF CHILDREN AND YOUNG PERSONS
section: 68
title: Restriction on employment of children
content:
68. —(1) A person must not employ a child in an industrial or a non‑industrial undertaking except as provided for in subsections (2) and (3). (2) A child may be employed in an industrial undertaking in which only members of the same family are employed. (3) A child who is 13 years of age or above may be employed in light work suited to his or her capacity in a non‑industrial undertaking. (4) For the purposes of subsection (3), the certificate of a medical officer is conclusive upon the question of whether any work is suited to the capacity of any particular child.


document_id: ema-1968
provision_ref: s69
chapter: PART 8 - EMPLOYMENT OF CHILDREN AND YOUNG PERSONS
section: 69
title: Restriction on employment of young persons
content:
69. A young person must not be employed in any industrial undertaking which the Minister by notification in the Gazette declares to be an industrial undertaking in which a young person must not be employed.


document_id: ema-1968
provision_ref: s70
chapter: PART 8 - EMPLOYMENT OF CHILDREN AND YOUNG PERSONS
section: 70
title: Conditions of employment
content:
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.


document_id: ema-1968
provision_ref: s71
chapter: PART 8 - EMPLOYMENT OF CHILDREN AND YOUNG PERSONS
section: 71
title: Minimum rates of salary may be prescribed
content:
71. —(1) If it is shown to the satisfaction of the Minister, upon the application of the Commissioner and after such inquiry as the Minister may direct, that the salaries of children or young persons, or both, employed in any industry or for any particular work or in any area are insufficient, having regard to the nature of the work and the conditions of employment, it is lawful for the Minister to prescribe, by order in the Gazette , minimum rates of salary to be paid to children or young persons or both in that industry, type of employment or area. (2) Any person contravening any such order 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, and for a second or subsequent offence to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: ema-1968
provision_ref: s72
chapter: PART 8 - EMPLOYMENT OF CHILDREN AND YOUNG PERSONS
section: 72
title: Approved employment
content:
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.


document_id: ema-1968
provision_ref: s73
chapter: PART 8 - EMPLOYMENT OF CHILDREN AND YOUNG PERSONS
section: 73
title: Regulations regulating employment
content:
73. The Minister may make regulations for regulating the employment of children in any occupation and a child or young person must not be employed as a workman under any circumstances or under any conditions which may be prohibited by the Minister by regulations made under this Act.


document_id: ema-1968
provision_ref: s74
chapter: PART 8 - EMPLOYMENT OF CHILDREN AND YOUNG PERSONS
section: 74
title: Offence
content:
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.


document_id: ema-1968
provision_ref: s75
chapter: PART 8 - EMPLOYMENT OF CHILDREN AND YOUNG PERSONS
section: 75
title: Power of Youth Court in respect of children or young persons requiring care or protection
content:
75. A child or young person in respect of whom any of the offences mentioned in this Part has been committed may be brought before a Youth Court and the Court, if satisfied that the child or young person requires care or protection, may exercise with respect to that child or young person all or any of the powers conferred by section 54 of the Children and Young Persons Act 1993. [27/2014]


document_id: ema-1968
provision_ref: s76
chapter: PART 9 - MATERNITY PROTECTION AND BENEFITS
section: 76
title: Length of benefit period
content:
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 — (i) not earlier than 28 days immediately preceding the day of her confinement; and (ii) not later than the day of her confinement; or ( c ) during — (i) a period of 8 weeks, as agreed to by her and her employer, commencing — (A) not earlier than 28 days immediately preceding the day of her confinement; and (B) not later than the day of her confinement; and (ii) one or more than one period each of such duration as agreed between the employee and her employer but in aggregate no shorter than as reckoned in accordance with the Fifth Schedule or 24 days, whichever is the lower, all of which must be taken within the period of 12 months commencing on the day of her confinement. [26/2013] (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] (2) A female employee who delivers a child before 1 May 2013, and whose estimated delivery date for her confinement in respect of that child (as certified by a medical practitioner) is before 1 May 2013, is not entitled to any pay during the benefit period if she has served her employer for less than 90 days immediately preceding the day of her confinement. [12/2013] (2A) A female employee who delivers a child — ( a ) on or after 1 May 2013 but before 22 August 2015; or ( b ) before 1 May 2013 but whose estimated delivery date for her confinement in respect of that child (as certified by a medical practitioner) is on or after 1 May 2013, is not entitled to any pay during the benefit period if she has served her employer for less than 3 months immediately preceding the day of her confinement. [12/2013; 27/2015] (2B) A female employee who delivers a child — ( a ) on or after 22 August 2015; or ( b ) before 22 August 2015 but whose estimated delivery date for her confinement in respect of that child (as certified by a medical practitioner) is on or after that date, is not entitled to any pay during the benefit period if she has not served her employer for a period of at least 3 months preceding the day of her confinement. [27/2015] (3) Where a female employee has worked in her employment for any day during the benefit period before her confinement, she is entitled to receive in addition to her gross rate of pay for that day an amount that is equivalent to a day’s pay at the gross rate of pay or to absent herself from work on another day at the end of the benefit period. (4) Subject to any collective agreement or award to the contrary, a female employee is not entitled to any payment under subsection (1A) for any confinement if, at the time of the confinement — ( a ) she has 2 or more living children; and ( b ) those children were born during more than one previous confinement. (5) Subsection (4) does not apply to such class or classes of employees as the Minister may, by notification in the Gazette , specify. (5A) Where the employment of a female employee is terminated because she resigns before she has exercised, wholly or partly, her entitlement to absent herself from work during a period mentioned in subsection (1)( a ), ( b ) or ( c ), she forfeits the following upon termination of her employment: ( a ) that entitlement (or the balance of that entitlement) to absent herself from work; ( b ) the entitlement under this section (if any) to receive payment from her employer at her gross rate of pay in respect of the forfeited period of absence from work under paragraph ( a ). [19/2021] (6) Where the employment of a female employee is terminated (whether by dismissal, upon the completion of her contract of service, or for any reason other than by resignation) before she has exercised, wholly or partly, her entitlement to absent herself from work during a period referred to in subsection (1)( c )(ii), she forfeits that entitlement (or the balance thereof) upon the termination of her employment. [19/2021]


document_id: ema-1968
provision_ref: s77
chapter: PART 9 - MATERNITY PROTECTION AND BENEFITS
section: 77
title: Payments to include holidays, etc.
content:
77. —(1) The payment referred to in section 76 must be paid for every day of the benefit period, including holidays, but not any day during the benefit period on which the female employee takes no‑pay leave. [27/2015] (2) Nothing in this section requires an employer to pay to a female employee an extra day’s salary for a holiday which falls within the benefit period.


document_id: ema-1968
provision_ref: s78
chapter: PART 9 - MATERNITY PROTECTION AND BENEFITS
section: 78
title: When payment is to be made
content:
78. —(1) In the case of a female employee who is a daily‑rated employee, the payment referred to in section 76 must be paid in 2 instalments, the first for the period up to and including the day of confinement, to be paid within 7 days from the date of confinement, and the second, for the period after confinement, to be paid within 7 days from the end of that period. (2) In the case of any other female employee, the payment must be paid at such time as the salary earned by the employee under her contract of service is due to be paid to her.


document_id: ema-1968
provision_ref: s79
chapter: PART 9 - MATERNITY PROTECTION AND BENEFITS
section: 79
title: Payment of benefit on death of female employee before confinement
content:
79. —(1) If a female employee, after giving notice to her employer under section 80(1), abstains from work in expectation of her confinement and dies from any cause before her confinement, the employer must pay to the person nominated by her under section 80(4) or, if there is no such person, to her personal representative a sum of money at the rate prescribed under section 76 from the date immediately following the last day on which she worked to the day immediately preceding the day of her death and except in the circumstances mentioned in this subsection no employer is liable to pay any sum in respect of a period exceeding 30 days. (2) If a female employee dies from any cause on or after the day of her confinement and before any payment to which she is entitled has been paid to her, the employer must pay to the person nominated by her under section 80(4) or, if there is no such person, to her personal representative any sum of money to which she was on the date of her death entitled in respect of the period up to the day of confinement and in respect of the period after confinement up to the day immediately preceding the day of her death.


document_id: ema-1968
provision_ref: s80
chapter: PART 9 - MATERNITY PROTECTION AND BENEFITS
section: 80
title: Notice of confinement
content:
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. (2) A female employee who has been confined must, as soon as practicable, inform her employer of the date on which she was confined. (3) Any female employee who omits to give notice as required under subsection (1) or fails to inform her employer as required under subsection (2) is entitled to only half the amount of any payment to which she is entitled to under this Part unless she was prevented by any sufficient cause from giving the notice. (4) A female employee may at any time in writing nominate some other person to whom any payment to which she is entitled under this Part may be paid on her behalf; and any such payment made to the person so nominated is deemed, for the purpose of this Act, to be payment to the female employee who nominated the person.


document_id: ema-1968
provision_ref: s81
chapter: PART 9 - MATERNITY PROTECTION AND BENEFITS
section: 81
title: Dismissal during absence prohibited
content:
81. Without affecting sections 84 and 84A, when a female employee absents herself from work in accordance with the provisions of this Part it is not lawful for her employer to give her notice of dismissal during her absence or on such a day that the notice will expire during her absence.


document_id: ema-1968
provision_ref: s82
chapter: PART 9 - MATERNITY PROTECTION AND BENEFITS
section: 82
title: Employment after confinement
content:
82. Any employer who knowingly employs a female employee at any time during the period of 4 weeks immediately following her confinement shall be guilty of an offence.


document_id: ema-1968
provision_ref: s83
chapter: PART 9 - MATERNITY PROTECTION AND BENEFITS
section: 83
title: Forfeiture of payment
content:
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.


document_id: ema-1968
provision_ref: s84
chapter: PART 9 - MATERNITY PROTECTION AND BENEFITS
section: 84
title: Right to benefit unaffected by notice of dismissal given without sufficient cause
content:
84. —(1) Without affecting sections 81 and 84A, a notice of dismissal given without sufficient cause by an employer to a female employee which — ( a ) if given before 1 May 2013, is given — (i) within a period of 6 months preceding the estimated delivery date for her confinement (as certified by a medical practitioner); or (ii) within a period of 6 months preceding the date of her confinement; ( b ) if given on or after 1 May 2013, is given at any time of her pregnancy (as certified by a medical practitioner before the notice of dismissal is given), where the female employee has served the employer for a period of 3 months or more immediately preceding the day the notice is given; or ( c ) if given on or after 1 May 2013 but before 1 August 2013 and where the female employee has served the employer for a period of less than 3 months, is given — (i) within a period of 6 months preceding the estimated delivery date for her confinement (as certified by a medical practitioner); or (ii) within a period of 6 months preceding the date of her confinement, does not have the effect of depriving her of any payment to which, but for that notice, she would have been entitled or would, on or before the date of her confinement, have become entitled to under this Part. [12/2013] (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 ( b ) the date of such certification of which is closest to the date the notice of dismissal is given. (2) Subject to section 3 of the Employment Claims Act 2016, where a female employee in the circumstances mentioned in subsection (1)( a ), ( b ) or ( c ) considers that a notice of dismissal given to her was not given for sufficient cause, the female employee may lodge a claim, under section 13 of that Act, for either of the following remedies: ( a ) reinstatement in her former employment; ( b ) compensation. [55/2018] (3) If a Tribunal hearing the claim is satisfied that the female employee has been dismissed without sufficient cause, the Tribunal may, despite any rule of law or agreement to the contrary — ( a ) in a claim for reinstatement of the employee in her former employment, direct the employer — (i) to reinstate the employee in her former employment; and (ii) to pay the employee an amount equivalent to the wages that the employee would have earned, if she had not been dismissed by the employer; 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 to be just and equitable having regard to all the circumstances of the case. [55/2018]


document_id: ema-1968
provision_ref: s84A
chapter: PART 9 - MATERNITY PROTECTION AND BENEFITS
section: 84A
title:
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

content:
84A. —(1) Without affecting sections 81 and 84, a notice of dismissal given to a female employee by her employer on the ground of redundancy or by reason of any reorganisation of her employer’s profession, business, trade or work — ( a ) if given before 1 May 2013, is given — (i) within a period of 3 months preceding the estimated delivery date for her confinement (as certified by a medical practitioner); or (ii) within a period of 3 months preceding the date of her confinement; ( b ) if given on or after 1 May 2013, is given at any time of her pregnancy (as certified by a medical practitioner before the notice of dismissal is given), where the female employee has served the employer for a period of 3 months or more immediately preceding the day the notice is given; or ( c ) if given on or after 1 May 2013 but before 1 August 2013 and where the female employee has served the employer for a period of less than 3 months, is given — (i) within a period of 3 months preceding the estimated delivery date for her confinement (as certified by a medical practitioner); or (ii) within a period of 3 months preceding the date of her confinement, does not have the effect of depriving her of any payment to which, but for that notice, she would have been entitled or would, on or before the date of her confinement, have become entitled to under this Part. [12/2013] (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 is entitled under the terms of her contract of service or under any other written law. 85. [ Repealed by Act 12 of 2013 ]


document_id: ema-1968
provision_ref: s86
chapter: PART 9 - MATERNITY PROTECTION AND BENEFITS
section: 86
title: Contracting out
content:
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.


document_id: ema-1968
provision_ref: s87
chapter: PART 9 - MATERNITY PROTECTION AND BENEFITS
section: 87
title: Offences and penalties
content:
87. —(1) Any employer who — ( a ) fails, without reasonable cause, to grant maternity leave under this Part to a female employee who is entitled to and requests for the leave; ( b ) fails to pay the employer’s female employee in accordance with any of the provisions of this Part (other than section 87A); or ( c ) acts in contravention of section 81, 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. [12/2013] (2) Any employer who is guilty of an offence under section 82 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. [12/2013] (3) Where an employer who is convicted or found guilty of an offence under subsection (1)( a ), ( b ) or ( c ) or section 82 is a repeat offender, the employer shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. [12/2013] (4) For the purposes of subsection (3), a person is a repeat offender in relation to an offence under subsection (1)( a ), ( b ) or ( c ) or section 82 if the person who is convicted or found guilty of an offence under subsection (1)( a ), ( b ) or ( c ) or section 82 (called the current offence) has been convicted or found guilty of — ( a ) an offence under subsection (1)( a ), ( b ) or ( c ) or section 82; or ( b ) an offence under section 17(1) of the Child Development Co‑Savings Act 2001 in force before, on or after 1 May 2013, on at least one other occasion on or after 1 May 2013 and before the date on which the person is convicted or found guilty of the current offence. [12/2013]


document_id: ema-1968
provision_ref: s87A
chapter: PART 9 - MATERNITY PROTECTION AND BENEFITS
section: 87A
title: Childcare leave for parent
content:
87A. —(1) Subject to subsection (2), where any employee — ( a ) has served an employer for a period of not less than 3 months; and ( b ) has any child below 7 years of age at any time during any relevant period, the employee is entitled to childcare leave of 2 days for that relevant period. (2) An employee — ( a ) is not entitled to more than 14 days of childcare leave in respect of any child; and ( b ) must — (i) take his or her first entitlement of childcare leave of 2 days for a relevant period in that relevant period or the next succeeding relevant period; and (ii) then take his or her next and each subsequent entitlement of childcare leave of 2 days for a relevant period in the next succeeding relevant period and in each subsequent succeeding relevant period, respectively. (3) The childcare leave is in addition to the rest days, holidays, annual leave and sick leave to which an employee is entitled under sections 36, 88, 88A and 89, respectively. [55/2018] (4) An employer must grant, and an employee who is entitled to childcare leave must take, the entitlement of childcare leave of 2 days for a relevant period not later than the last day of that relevant period, and any employee who fails to take that leave by that day — ( a ) thereupon ceases to be entitled to that leave; and ( b ) is not entitled to any payment in lieu thereof. (5) An employer must pay an employee who is entitled to childcare leave his or her gross rate of pay for every day of such leave that is taken by the employee. (5A) Despite subsection (5), an employee is not entitled to take paid childcare leave on a day the employee takes no-pay leave. [27/2015] (6) If the employment of an employee who is entitled to childcare leave is terminated (whether by resignation or dismissal, upon the completion of his or her contract of service, or for any other reason) before he or she has taken the entitlement of childcare leave of 2 days for a relevant period, the employee — ( a ) ceases to be entitled to that leave upon the termination of his or her employment; and ( b ) is not entitled to any payment in lieu thereof. (7) Any employer who contravenes subsection (5) 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. [12/2013] (7A) Any employer who fails, without reasonable cause, to grant childcare leave to an employee who is entitled to and requests for the leave 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. [12/2013] (7B) Where an employer who is convicted or found guilty of an offence under subsection (7) or (7A) is a repeat offender, that employer shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. [12/2013] (7C) For the purposes of subsection (7B), a person is a repeat offender in relation to an offence under subsection (7) or (7A) if the person who is convicted or found guilty of an offence under subsection (7) or (7A) (called the current offence) has been convicted or found guilty of — ( a ) an offence under subsection (7) or (7A); ( b ) an offence under section 12B(12) or (14) of the Child Development Co‑Savings Act 2001 in force before, on or after 1 May 2013; or ( c ) an offence under section 12B(13) of the Child Development Co‑Savings Act 2001, on at least one other occasion on or after 1 May 2013 and before the date on which that person is convicted or found guilty of the current offence. [12/2013] (8) In this section — “child”, in relation to an employee, includes — ( a ) any adopted child and stepchild of the employee; and ( b ) any child to whom the employee is providing care, protection and supervision as a foster parent under a voluntary care agreement as mentioned in section 15 of the Children and Young Persons Act 1993, or an order under section 54(1)( b ) or 56(2), or section 57 (read with section 56) of that Act; “relevant period”, in relation to an employee, means — ( a ) any period of 12 months as is agreed to by the employee and his or her employer; or ( b ) where there is no such agreement, a calendar year. [30/2019]


document_id: ema-1968
provision_ref: s88
chapter: PART 10 - HOLIDAY, ANNUAL LEAVE AND SICK
section: 88
title: Holidays
content:
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] (2) Despite subsection (1), an employee is not entitled to holiday pay for any public holiday which falls on a day when the employee is on leave of absence without pay granted by the employer at the employee’s request. [27/2015] (3) An employee who absents himself or herself from work on the working day immediately preceding or immediately succeeding a public holiday or any day substituted therefor under subsection (1) without the prior consent of his or her employer or without reasonable excuse is not entitled to any holiday pay for that holiday. [27/2015] (4) Despite subsection (1), any employee may be required by his or her employer to work on any public holiday to which the employee would otherwise be entitled under that subsection and, in such event, the employee must be paid an extra day’s salary at the basic rate of pay for one day’s work in addition to the gross rate of pay for that day and to a travelling allowance, if payable to the employee under the terms of his or her agreement with his or her employer, for one day. [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] (5) An employee is not entitled, by reason of subsection (4), to receive double any housing allowance or food allowance. (6) Subsection (4) does not apply to an employee who is employed by the Government or a statutory body in any of the essential services as defined under Part 3 of the Criminal Law (Temporary Provisions) Act 1955, but — ( a ) any such employee may, despite subsection (1), be required by his or her employer to work on a public holiday or part thereof to which the employee would otherwise be entitled under that subsection; and ( b ) in any such case, the employee must be given a day or part of a day off (as the case may be) in substitution for the public holiday or part thereof. [27/2015] (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]


document_id: ema-1968
provision_ref: s88A
chapter: PART 10 - HOLIDAY, ANNUAL LEAVE AND SICK
section: 88A
title: Annual leave
content:
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] (2) An employee who has served an employer for a period of not less than 3 months, but has not completed 12 months of continuous service in any year, is entitled to annual leave in proportion to the number of completed months of service in that year. [55/2018] (3) In calculating the proportionate annual leave under subsection (2) — ( a ) any fraction of a day that is less than one‑half of a day must be disregarded; and ( b ) where a fraction of a day is one-half or more, it must be regarded as one day. [55/2018] (4) Where an employee is granted leave of absence without pay by an employer at the employee’s request, the period of the leave is to be disregarded for the purpose of computing the period of continuous service under this section. [55/2018] (5) An employee forfeits the employee’s entitlement to annual leave if the employee absents himself or herself from work without the employer’s permission, or without reasonable excuse, for more than 20% of the working days in the months or year (as the case may be) in which the employee’s entitlement to annual leave accrues. [55/2018] (6) In the case of an employee to whom Part 4 applies by virtue of section 35( b ) or who is a workman mentioned in section 35( a ) — ( a ) the employer must grant, and the employee must take, the employee’s paid annual leave not later than 12 months after the end of every 12 months of continuous service; and ( b ) if the employee fails to take that leave by the end of that period, the employee ceases to be entitled to that leave. [55/2018] (7) An employer must pay an employee the employee’s gross rate of pay for every day of paid annual leave. [55/2018] (8) If an employee is dismissed on any ground other than misconduct before the employee has taken all of the employee’s paid annual leave, the employer must pay the employee the employee’s gross rate of pay in respect of every day of that leave not taken by the employee. [55/2018] (9) The Minister may, by notification in the Gazette , do any of the following: ( a ) fix the periods when, and prescribe the manner in which, paid annual leave is to be granted to employees in different types of employment or in different classes of industries; ( b ) suspend the application of any provision of this section to any class of employees, when the public interest so requires it. [55/2018]


document_id: ema-1968
provision_ref: s89
chapter: PART 10 - HOLIDAY, ANNUAL LEAVE AND SICK
section: 89
title: Sick leave
content:
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] (2) Any employee who has served an employer for a period of at least 3 months but 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 ) where the employee has served the employer for a period of at least 3 months but less than 4 months — (i) if no hospitalisation is necessary, 5 days in each year; or (ii) if hospitalisation is necessary, the lesser of the following: (A) 15 days in each year; (B) the aggregate of 5 days plus the number of days on which the employee is hospitalised; ( b ) where the employee has served the employer for a period of at least 4 months but less than 5 months — (i) if no hospitalisation is necessary, 8 days in each year; or (ii) if hospitalisation is necessary, the lesser of the following: (A) 30 days in each year; (B) the aggregate of 8 days plus the number of days on which the employee is hospitalised; or ( c ) where the employee has served the employer for a period of at least 5 months but less than 6 months — (i) if no hospitalisation is necessary, 11 days in each year; or (ii) if hospitalisation is necessary, the lesser of the following: (A) 45 days in each year; (B) the aggregate of 11 days plus the number of days on which the employee is hospitalised. [55/2018] (3) For the purposes of this section — ( a ) an employee is hospitalised if the employee is warded in a hospital in such circumstances as may be prescribed or is under quarantine (whether or not in a hospital) under any written law; and ( b ) an employee is to be treated as hospitalised for any period the employee is not an in-patient of a hospital, or stops being an in-patient of a hospital after being warded in that hospital in accordance with paragraph ( a ), if the employee is certified, by a medical practitioner employed by a hospital approved by the Minister — (i) to be ill enough to require hospitalisation during that period; or (ii) to need rest or further medical treatment during that period in order to recover after the employee’s discharge from a hospital. [55/2018] (4) An employee who absents himself or herself on sick leave — ( a ) which is not certified by a medical practitioner; or ( b ) which is certified by a medical practitioner not appointed by the employer, but of which the employee did not inform or attempt to inform the employer within 48 hours after its commencement, is deemed to have absented himself or herself from work without the employer’s permission and without reasonable excuse for the days on which the employee is so absent from work. [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] (7A) Where an employee has served an employer for a period of at least 3 months, the employer is liable to bear, or to reimburse the employee, the fees of an examination of the employee by a medical practitioner, if — ( a ) the medical practitioner is appointed by the employer or is a medical officer; and ( b ) after the examination, the employee is certified by the medical practitioner to be entitled to paid sick leave. [55/2018] (8) An employer is deemed to fulfil the employer’s obligation under subsection (7A) if — ( a ) the Commissioner, after considering the merits of any healthcare scheme that the employer provides to the employer’s employees and such other matters as the Commissioner may consider relevant, by written order directs that the employer has fulfilled that obligation for so long as the employer provides such a healthcare scheme for the employer’s employees; or ( b ) the employer complies with such other requirement as the Minister may, by regulations, prescribe. [55/2018] (9) An order made under subsection (8)( a ) — ( a ) may be subject to such terms or conditions as the Commissioner may determine, which the Commissioner may add to, vary or revoke; ( b ) need not be published in the Gazette ; and ( c ) may be revoked by the Commissioner in writing at any time. (10) This section does not apply to any employee seeking or undergoing medical treatment which, in the opinion of a medical practitioner performing the examination under subsection (1) or (2), is for cosmetic purposes. [26/2013; 55/2018]


document_id: ema-1968
provision_ref: s90
chapter: PART 10 - HOLIDAY, ANNUAL LEAVE AND SICK
section: 90
title: Offence
content:
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 exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. [4/2010] (2) Despite subsection (1) — ( a ) an employer and the employer’s employees or a trade union representing the employer’s employees may negotiate for and agree to terms of service more favourable than those contained in sections 88A and 89; and ( b ) it is not an offence for an employer to grant to the employer’s employees terms of service more favourable than those contained in sections 88A and 89. [4/2010; 55/2018]


document_id: ema-1968
provision_ref: s95
chapter: PART 12 - REGISTERS, RETURNS AND OTHER
section: 95
title: Employers’ obligation in relation to employee records
content:
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] (2) An employer must ensure that an employee record made and kept under subsection (1) is, during the record retention period prescribed for the employee record, readily accessible to the employee or former employee to which the employee record relates. [27/2015] (3) An employer is taken to have failed to comply with subsection (1) if the employer makes or keeps an employee record that is incomplete or inaccurate, whether or not the employer knew that the record is incomplete or inaccurate. [27/2015] (4) Different record retention periods may be prescribed for different classes of employees or former employees, and for different types of employee records. [27/2015] (5) In this section, “employee record”, for an employee or a former employee of an employer, means a record of information or particulars about the employment by the employer of the employee or former employee, as the case may be. [27/2015]


document_id: ema-1968
provision_ref: s95A
chapter: PART 12 - REGISTERS, RETURNS AND OTHER
section: 95A
title: Employers’ obligation to give record of key employment terms
content:
95A. —(1) This section only applies to, and in relation to, every employee — ( a ) who enters into a contract of service with the employer on or after 1 April 2016; and ( b ) who is employed under that contract for a period not shorter than the prescribed minimum period of service. [27/2015] (2) An employer must give each employee of the employer a written record of the key employment terms of the employee not later than 14 days after the day that the employee starts employment with the employer, or within such other period as may be prescribed in substitution. [27/2015] (3) The requirement to give a written record of key employment terms to an employee in subsection (2) is satisfied if — ( a ) an electronic record containing the key employment terms is provided in a manner that enables the information contained in the electronic record to be accessible and useable by the employee for subsequent reference; or ( b ) the key employment terms are published on an Internet website — (i) which is authorised by the employer and readily accessible to the employee; and (ii) which address is disseminated by the employer to the employee. [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] (5) An employer is taken to have failed to comply with subsection (2) if the written record given is incomplete or inaccurate, whether or not the employer knew that the record is incomplete or inaccurate. [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] (7) In this section, “key employment term”, for an employee, means any type of term of employment contained in a contract of service between an employer and the employee that is prescribed to be a key employment term. [27/2015]


document_id: ema-1968
provision_ref: s96
chapter: PART 12 - REGISTERS, RETURNS AND OTHER
section: 96
title: Employers’ obligation in relation to pay slips
content:
96. —(1) Subject to subsection (2), an employer must give — ( a ) to every employee of the employer a pay slip, within the time prescribed for giving pay slips, for all salary paid by the employer for the salary period or salary periods to which the pay slip relates; and ( b ) to every employee a pay slip for every sum paid by the employer under section 22 or 23. [27/2015] (2) A pay slip given by an employer to an employee must be in the form prescribed (if prescribed) and must contain all the information prescribed. [27/2015] (3) The requirement to give a pay slip to an employee under this section is satisfied if an electronic record containing the prescribed information of a pay slip is provided in a manner that enables the information contained in the electronic record to be accessible and useable by the employee for subsequent reference. [27/2015] (4) An employer is taken to have failed to comply with subsection (1) if the pay slip given to an employee is incomplete or inaccurate, whether or not the employer knew that the pay slip is incomplete or inaccurate. [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]


document_id: ema-1968
provision_ref: s96A
chapter: PART 12 - REGISTERS, RETURNS AND OTHER
section: 96A
title: Employer’s obligation to furnish information on retrenchment of employees
content:
96A. —(1) The Commissioner may, by notification in the Gazette , require any employer, or any employer in a class of employers, to furnish to the Commissioner, at such time and in such form as may be specified in the notification, such information on the retrenchment of any employee by the employer as may be specified in the notification. [55/2018] (2) Every employer to whom the notification applies must comply with every requirement in the notification concerning the furnishing to the Commissioner of information on the retrenchment of any employee by the employer. [55/2018]


document_id: ema-1968
provision_ref: s97
chapter: PART 12 - REGISTERS, RETURNS AND OTHER
section: 97
title: Returns
content:
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.


document_id: ema-1968
provision_ref: s98
chapter: PART 12 - REGISTERS, RETURNS AND OTHER
section: 98
title: Commissioner may call for further returns
content:
98. —(1) The Commissioner may give written notice to any employer, when and as often as the Commissioner thinks necessary, requiring the employer to furnish within a reasonable time stated in the notice fuller or further returns respecting any matter as to which a return is required under this Act or the Employment of Foreign Manpower Act 1990. (2) The requisition may specify — ( a ) the form in which and the time within which the particulars and information are to be furnished; ( b ) the particulars and information to be furnished; and ( c ) the place or manner at or in which the particulars and information are to be delivered.


document_id: ema-1968
provision_ref: s99
chapter: PART 12 - REGISTERS, RETURNS AND OTHER
section: 99
title: Power to call for returns, books, etc.
content:
99. For the purpose of obtaining full information in respect of any employer’s employees, the Commissioner may give written notice to such person requiring that person, within the time stated in the notice, to complete and deliver to the Commissioner any return specified in the notice and in addition or alternatively requiring that person to attend personally before the Commissioner or any inspecting officer specified in the notice and to produce for examination any books, documents, accounts and returns which the Commissioner may consider necessary. 100. [ Repealed by Act 32 of 2008 ]


document_id: ema-1968
provision_ref: s101
chapter: PART 12 - REGISTERS, RETURNS AND OTHER
section: 101
title: Offence
content:
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 ( c ) refuses to answer, or wilfully gives a false answer to, any question necessary for obtaining any information or particulars required to be furnished under this Act, 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, and in the case of a continuing offence to a further fine not exceeding $500 for every day during which the offence continues, and in respect of false particulars, information and answers, the offence is deemed to continue until true particulars, information or answers have been furnished or given. (2) A certificate under the hand of the Commissioner stating that such returns have not been furnished or are incorrect is sufficient prima facie evidence of the truth of the facts stated in the certificate. (3) Subsections (1) and (2) do not apply to any information furnished or required to be furnished under section 96A by an employer on the retrenchment of any employee by the employer. [55/2018]


document_id: ema-1968
provision_ref: s102
chapter: PART 12 - REGISTERS, RETURNS AND OTHER
section: 102
title: Returns not to be published or disclosed
content:
102. —(1) Any return of particulars or information or part of a return furnished, or answer to any question put, for the purposes of this Act must not, without the previous written consent of the person having the control, management or superintendence of the profession, business, trade or work in relation to which the return or answer was furnished or given, be published; and, except for the purposes of a prosecution under this Act, any person not engaged in connection with the collection or preparation of statistics under this Act must not be permitted to see any such individual return or any such part of an individual return. (2) Every person engaged in connection with the collection, preparation or publication of statistics under this Act must make a declaration in the prescribed form that the person will not disclose or, except for the purposes of this Act, make use of the contents of any such part of an individual return, or any such answer; and any person who knowingly acts in contravention of any declaration which the person has so made 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 12 months or to both. (3) In any report, summary of statistics, or other publication prepared under this Act with reference to any trade or industry, the particulars comprised in any return must not be disclosed in any manner whatever, or arranged in any way which would enable any person to identify any particulars so published as being particulars relating to any individual person or business. (4) If any person, having possession of any information which to the person’s knowledge has been disclosed in contravention of this section, publishes or communicates to any other person any such information, the person 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 12 months or to both. (5) Subsections (1) to (4) do not apply to any information furnished under section 96A by an employer on the retrenchment of any employee by the employer. [55/2018]


document_id: ema-1968
provision_ref: s103
chapter: PART 13 - INSPECTION AND ENQUIRY
section: 103
title: Powers of Commissioner and inspecting officers
content:
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 carrying out of the provisions of this Act, and to reduce into writing the answer given or statement made by that person; ( c ) to require any person whom the Commissioner or inspecting officer has reason to believe has any document, including documents of identity or documents containing information relevant to the carrying out of the provisions of this Act, to produce any such document and to answer such questions relating thereto as the Commission or inspecting officer may think proper to ask; ( d ) to examine notices and all documents which are required to be kept under the provisions of this Act or any regulations made under this Act and any document required to be produced under paragraph ( c ); ( e ) to make copies of or retain any notice or document mentioned in paragraph ( d ); ( f ) to retain for purposes of analysis samples of materials and substances used or handled by employees, except that the employer or the employer’s representative must be notified of any such samples of materials or substances taken or removed for this purpose; ( g ) to take such photographs, or audio or video recording, as the Commissioner or inspecting officer thinks necessary, of the premises and persons reasonably believed to be acquainted with the facts and circumstances relevant to the carrying out of the provisions of this Act; ( h ) to require any person to produce any article that is relevant to any investigation under this Act and, if necessary, to take into custody any such article. [26/2013; 27/2015] (2) The person mentioned in subsection (1)( b ) is bound to state truly the facts and circumstances with which that person is acquainted. (3) A statement made by the person mentioned in subsection (1)( b ) must be read over to that person and must, after correction, if necessary, be signed by that person. (4) The Commissioner or the inspecting officer must, if required to do so, show his or her credentials.


document_id: ema-1968
provision_ref: s104
chapter: PART 13 - INSPECTION AND ENQUIRY
section: 104
title: Notice to employer by Commissioner or inspecting officer of inspection or visit
content:
104. On entering any place of employment under section 103, the Commissioner or the inspecting officer must notify the employer or the employer’s representative of his or her presence unless he or she considers that such a notification may be prejudicial to the efficient performance of his or her duties.


document_id: ema-1968
provision_ref: s105
chapter: PART 13 - INSPECTION AND ENQUIRY
section: 105
title: Power to arrest without warrant
content:
105. —(1) Any inspecting officer may arrest without warrant any person whom the inspecting officer reasonably suspects — ( a ) is committing or has committed an offence under section 21, 22 or 23 read with section 34; or ( b ) has abetted the commission of any offence mentioned in paragraph ( a ). [26/2013] (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] (3) An inspecting officer making an arrest without warrant must, without unnecessary delay and subject to subsection (5), produce the person arrested before a Magistrate’s Court. [26/2013] (4) An inspecting officer must not detain in custody a person arrested without warrant for longer than is reasonable in the circumstances, and the period must not exceed 48 hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court. [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]


document_id: ema-1968
provision_ref: s105A
chapter: PART 13 - INSPECTION AND ENQUIRY
section: 105A
title: How to arrest
content:
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] (2) If the person forcibly resists or tries to evade arrest, the inspecting officer may use all means necessary to effect the arrest. [26/2013]


document_id: ema-1968
provision_ref: s105B
chapter: PART 13 - INSPECTION AND ENQUIRY
section: 105B
title: No unnecessary restraint
content:
105B. —(1) The person arrested must not be subjected to more restraint than is necessary to prevent his or her escape. [26/2013] (2) An inspecting officer may use handcuffs or any similar means of restraint on a person arrested to prevent him or her from — ( a ) inflicting any bodily injury to himself, herself or others; ( b ) damaging any property; ( c ) creating any disturbance; or ( d ) escaping from custody. [26/2013] (3) The handcuffs or similar means of restraint must not be used for the purpose of punishment. [26/2013]


document_id: ema-1968
provision_ref: s105C
chapter: PART 13 - INSPECTION AND ENQUIRY
section: 105C
title: Search of persons arrested
content:
105C. —(1) When a person is arrested, the inspecting officer making the arrest may search the person and take possession of all articles (other than necessary wearing apparel) found upon the person that the inspecting officer has reason to believe were connected with the offence for which the person is being arrested. [26/2013] (2) Whenever it is necessary to cause a person to be searched, the search must be made by an inspecting officer of the same sex as the person, with strict regard to decency. [26/2013]


document_id: ema-1968
provision_ref: s105D
chapter: PART 13 - INSPECTION AND ENQUIRY
section: 105D
title: Inspecting officer to be armed
content:
105D. Every inspecting officer must be provided with such batons and accoutrements as may be necessary for the effective discharge of his or her duties. [26/2013]


document_id: ema-1968
provision_ref: s105E
chapter: PART 13 - INSPECTION AND ENQUIRY
section: 105E
title: Power to seize offensive weapons
content:
105E. An inspecting officer making any arrest may take from the person arrested any offensive weapons which that person has about his or her person. [26/2013]


document_id: ema-1968
provision_ref: s105F
chapter: PART 13 - INSPECTION AND ENQUIRY
section: 105F
title: Power on escape to pursue and arrest
content:
105F. If a person in lawful custody escapes or is rescued, the inspecting officer from whose custody that person escaped or was rescued may immediately pursue and arrest that person in any place within Singapore and deal with him or her as the officer might have done on the original arrest. [26/2013]


document_id: ema-1968
provision_ref: s106
chapter: PART 13 - INSPECTION AND ENQUIRY
section: 106
title: Inspecting officer not to reveal secrets
content:
106. A person must not, except in the performance of his or her duties, reveal any manufacturing or commercial secrets which may at any time come to his or her knowledge in the course of his or her duty as an inspecting officer.


document_id: ema-1968
provision_ref: s106A
chapter: PART 13 - INSPECTION AND ENQUIRY
section: 106A
title: Disposal of documents, articles, etc.
content:
106A. —(1) Any document, article or thing that the Commissioner or an inspecting officer takes possession of under this Part must — ( a ) where the document, article or thing is produced in any criminal trial, be dealt with in accordance with section 364 of the Criminal Procedure Code 2010; and ( b ) in any other case, be returned to the owner or reported to a Magistrate. [27/2015] (2) Where the report of any document, article or thing is made to a Magistrate under subsection (1)( b ), the Magistrate may order the document, article or thing — ( a ) to be forfeited; or ( b ) to be disposed of in any manner that the Magistrate thinks fit. [27/2015] (3) Nothing in this section is taken to prejudice any right to retain or dispose of property which may exist in law apart from this section. [27/2015]


document_id: ema-1968
provision_ref: s107
chapter: PART 13 - INSPECTION AND ENQUIRY
section: 107
title: Offence
content:
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.


document_id: ema-1968
provision_ref: s107A
chapter: PART 14 - GENERAL
section: 107A
title: Calculation of gross and basic rates of pay of employee employed on monthly rate or piece rates
content:
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.


document_id: ema-1968
provision_ref: s108
chapter: PART 14 - GENERAL
section: 108
title: Wrongful detention of employee
content:
108. Any employer who without reasonable excuse, the proof of which is to lie on the employer, refuses to allow an employee whose contract of service has been determined in any of the ways provided in this Act to leave the employer’s service 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, and the whole or any portion of any fine recoverable under this section may be adjudged by the court to be paid to the employee.


document_id: ema-1968
provision_ref: s109
chapter: PART 14 - GENERAL
section: 109
title: Employee not answerable for debt, default or miscarriage of another
content:
109. An employee is not bound, by virtue of any contract of service under this Act, to answer for the debt, default or miscarriage of any other person.


document_id: ema-1968
provision_ref: s110
chapter: PART 14 - GENERAL
section: 110
title: Obstruction of employee by employer
content:
110. Any employer or other person who in any way obstructs any employee in appearing before the Commissioner pursuant to this Act 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.


document_id: ema-1968
provision_ref: s111
chapter: PART 14 - GENERAL
section: 111
title: Punishment for obstruction
content:
111. Any person who wilfully obstructs or impedes any entry, inspection, inquiry or investigation made under this Act for which no penalty is expressly provided shall be guilty of an offence.


document_id: ema-1968
provision_ref: s112
chapter: PART 14 - GENERAL
section: 112
title: Penalties
content:
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.


document_id: ema-1968
provision_ref: s112A
chapter: PART 14 - GENERAL
section: 112A
title: Abetment of offences
content:
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]


document_id: ema-1968
provision_ref: s113
chapter: PART 14 - GENERAL
section: 113
title: Penalty for fraudulently inducing employee to emigrate
content:
113. Any person who by force, intoxication or ill-treatment, intimidation or fraud, or by means of false representations, induces or attempts to induce any person to enter into a contract of service to work beyond the limits of Singapore 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.


document_id: ema-1968
provision_ref: s113A
chapter: PART 14 - GENERAL
section: 113A
title: Offences by bodies corporate, etc.
content:
113A. —(1) Where an offence under this Act committed by a body corporate is proved — ( a ) to have been committed with the consent or connivance of an officer of the body corporate; or ( b ) to be attributable to any neglect on the officer’s part, the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. [26/2013] (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate. [26/2013] (3) Where an offence under this Act committed by a partnership is proved — ( a ) to have been committed with the consent or connivance of a partner; or ( b ) to be attributable to any neglect on the partner’s part, the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. [26/2013] (4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved — ( a ) to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or ( b ) to be attributable to any neglect on the part of such an officer or member, the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. [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 ( b ) has failed to exercise reasonable supervision or oversight as such officer, member or partner. [26/2013] (6) In this section — “body corporate” includes a limited liability partnership registered under the Limited Liability Partnerships Act 2005; “officer” — ( a ) in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or ( b ) in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of such a committee and includes any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner. [26/2013] (7) The Minister may make regulations to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore. [26/2013]


document_id: ema-1968
provision_ref: s114
chapter: PART 14 - GENERAL
section: 114
title: Power to compound offences
content:
114. The Commissioner may compound any such offence under this Act as may be prescribed as being an offence which may be compounded by accepting from the person reasonably suspected of committing that offence a sum not exceeding $5,000. [26/2013]


document_id: ema-1968
provision_ref: s115
chapter: PART 15 - CLAIMS, COMPLAINTS AND INVESTIGATIONS
section: 115
title: Commissioner’s power to inquire into complaints
content:
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] (3) The powers of the Commissioner under subsection (1) include the power to hear and decide, in accordance with the procedure laid down in this Part, any claim by a subcontractor for labour (called in this subsection the claimant) against a contractor or subcontractor for any sum which the claimant claims to be due to the claimant in respect of any labour provided by the claimant under the claimant’s contract with the contractor or subcontractor and to make such consequential orders as may be necessary to give effect to the Commissioner’s decision. (3A) Where the employee is employed in a managerial or an executive position, an order for the payment of money under subsection (1) must not exceed $20,000. [36/2010] (3B) Subject to subsection (3C), any order made by the Commissioner under subsection (1) in the absence of a party concerned or affected by the order may be set aside or varied by the Commissioner, on the application of that party, on such terms as the Commissioner thinks just. [26/2013] (3C) An application to set aside or vary an order made by the Commissioner referred to in subsection (3B) must be made no later than 14 days after the date of the order. [26/2013] (4) In this section, “employer” includes the transferor and the transferee of an undertaking or part thereof referred to in section 18A.


document_id: ema-1968
provision_ref: s116
chapter: PART 15 - CLAIMS, COMPLAINTS AND INVESTIGATIONS
section: 116
title: Prohibiting order by Commissioner to third party
content:
116. —(1) Whenever the Commissioner has made an order under section 115 against any employer or any person liable for the payment of any sum of money to any workman or subcontractor for labour and after inquiry finds that there exists between that employer or person liable and some other person a contract in the course of the execution of which the workman or subcontractor for labour performed the work in respect of which the order has been made, the Commissioner may summon that other person and may make an order prohibiting that other person from paying to the employer or person liable and requiring that other person to pay to the Commissioner any money (not exceeding the amount found due to the workman or subcontractor for labour) admitted by that other person to be owing to the employer or person liable in respect of the contract. (2) Where that other person admits to the Commissioner in writing that money is owing by that other person under the contract to the employer or person liable, that other person need not be summoned before the Commissioner and the Commissioner may make such order in that other person’s absence. (3) Where that other person is liable as a principal under section 65 to pay any salary due by the employer or person liable and where the money admitted by that other person to be owing to the employer or person liable is not sufficient to pay the whole of the salary, nothing in this subsection relieves that other person of that other person’s liability for the balance of the salary up to the amount for which that other person is liable under that section. (4) Any person so summoned is legally bound to attend at the time and place mentioned in the summons and to answer truthfully all questions relating to the contract which the Commissioner may put to that person. (5) The payment of any money pursuant to an order under subsection (1) is a discharge and payment up to the amount so paid of money due to the employer or person liable under the contract.


document_id: ema-1968
provision_ref: s117
chapter: PART 15 - CLAIMS, COMPLAINTS AND INVESTIGATIONS
section: 117
title: Right of appeal
content:
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] (2) The procedure governing any such appeal to the General Division of the High Court is as provided for in the Rules of Court. [2/2012; 40/2019]


document_id: ema-1968
provision_ref: s118
chapter: PART 15 - CLAIMS, COMPLAINTS AND INVESTIGATIONS
section: 118
title: Fees and enforcement of orders
content:
118. —(1) No fees other than a registration fee in accordance with the rates specified in the Second Schedule are to be charged by the Commissioner in respect of processes issued by the Commissioner under this Part and all orders made by the Commissioner, even though they may in respect of the amount or value be in excess of the ordinary jurisdiction of the court, are to be enforced by a District Court in the same manner as a judgment of that Court and all necessary processes may be served by the Court on the Commissioner’s behalf. (2) A sale of immovable property must not be ordered for the purposes of the enforcement, except by the General Division of the High Court. [40/2019]


document_id: ema-1968
provision_ref: s119
chapter: PART 15 - CLAIMS, COMPLAINTS AND INVESTIGATIONS
section: 119
title: Procedure for making and hearing claims
content:
119. —(1) The mode of procedure for the making and hearing of claims is as follows: ( a ) the person claiming must lodge a memorandum at the office of the Commissioner, specifying shortly the subject matter of the claim and the remedy sought to be obtained, or the person may make a claim in person to the Commissioner who must immediately reduce it or cause it to be reduced in writing; ( b ) upon receipt of the memorandum or verbal claim and of the registration fee payable by the person in accordance with the rates specified in the Second Schedule, the Commissioner must summon in writing the party against whom the claim is made, giving reasonable notice to that party of the nature of the claim and the time and place at which the claim will be inquired into, and the Commissioner must also notify or summon all persons whose interests appear to the Commissioner likely to be affected by the proceedings; ( c ) the Commissioner may also summon such witnesses as either party may wish to call; ( d ) if the party against whom a claim is made wishes to make a counterclaim against the party claiming, the firstmentioned party must notify the Commissioner and the other party in writing of the nature and amount of the counterclaim not less than 3 days before the date of the inquiry; ( e ) at any time between the issuing of summons and the hearing of the claim, the Commissioner may hold or cause to be held a preliminary inquiry at which the party claiming and the party against whom the claim is made must be present after having been notified in writing of the inquiry; ( f ) at the preliminary inquiry the parties may amend or withdraw the whole claim or portion thereof, make a counterclaim or reach a settlement in respect of the claim; ( g ) if a settlement is effected at a preliminary inquiry in respect of a claim or portion thereof, the Commissioner must make an order recording the terms of the settlement and that order has effect as if it were an order made under paragraph ( h ); ( h ) at the time and place appointed the parties must attend and state their case before the Commissioner and may call evidence, and the Commissioner, having heard on oath or affirmation the statements and evidence and any other evidence which the Commissioner may consider necessary, must give his or her decision and make such order in the prescribed form as may be necessary for giving effect to the decision; ( i ) if any person interested has been duly summoned by the Commissioner to attend at the inquiry and makes default in so doing, the Commissioner may hear the claim and make his or her decision in that person’s absence even though the interest of that person may be prejudicially affected by the Commissioner’s decision; ( j ) the Commissioner must keep a case book, in which he or she is to enter notes of the evidence taken and the decisions arrived at in each case heard before him or her and must authenticate them by attaching his or her signature thereto, and the record in the case book is sufficient evidence of the giving of any decision, or of the making of any order, and of the terms thereof; and any person interested in a dispute, decision or order, is entitled to a copy of the record upon payment of the prescribed fee. (2) In hearing claims or conducting proceedings under this Part, the Commissioner — ( a ) is not bound to act in a formal manner or in accordance with the Evidence Act 1893 but may inform himself or herself on any matters in any manner that he or she thinks just; and ( b ) must act according to equity, good conscience and the merits of the case without regard to technicalities. (3) All proceedings before the Commissioner are to be held in private. [26/2013]


document_id: ema-1968
provision_ref: s120
chapter: PART 15 - CLAIMS, COMPLAINTS AND INVESTIGATIONS
section: 120
title: Representation before Commissioner
content:
120. In proceedings before the Commissioner, a party — ( a ) being an employee and a member of a trade union that has been given recognition under Part 3 of the Industrial Relations Act 1960 by the employer of the employee, may be represented by an officer of the trade union; and ( b ) being an employer may be represented by one of the employer’s employees, but must not be represented by an advocate or solicitor or a paid agent. [36/2010]


document_id: ema-1968
provision_ref: s121
chapter: PART 15 - CLAIMS, COMPLAINTS AND INVESTIGATIONS
section: 121
title: Joining of claims
content:
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 several or joint claim of each and every such employee or subcontractor for labour. (2) Where the Commissioner is of the opinion that the interest of the employer or person liable is or is likely to be prejudiced by the non‑attendance of any employee or subcontractor for labour, the Commissioner must require the personal attendance of the employee or subcontractor for labour.


document_id: ema-1968
provision_ref: s123
chapter: PART 15 - CLAIMS, COMPLAINTS AND INVESTIGATIONS
section: 123
title: No division of claims
content:
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]


document_id: ema-1968
provision_ref: s124
chapter: PART 15 - CLAIMS, COMPLAINTS AND INVESTIGATIONS
section: 124
title: Investigations of complaints and offences
content:
124. —(1) Whenever — ( a ) the Minister, the Parliamentary Secretary to the Minister, the Permanent Secretary to the Ministry of Manpower, the Commissioner or an inspecting officer (each called in this section a relevant authority) has reasonable grounds for believing that an offence under this Act has been committed, or wishes to inquire into any matter for which provision is made by this Act or any dispute as to such matter 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; or ( b ) whenever any person complains to a relevant authority of any breach of any provision of this Act, the relevant authority may summon any other person who the relevant authority has reason to believe can give information regarding the subject matter of the inquiry or complaint, and the person so summoned is legally bound to attend at the time and place specified in the summons to furnish information or documents, produce any article or give statements, and to answer truthfully all questions which the relevant authority may put to the person so summoned. (2) Any person who in any way wilfully obstructs the service of or obedience to the summons, and any person summoned who neglects to attend as required in the summons shall be guilty of an offence. (3) The Commissioner or inspecting officer has the power to report any failure by such person to attend as required by a summons under subsection (2) to a Magistrate, who may thereupon issue a warrant to secure the attendance of that person as required by the summons.


document_id: ema-1968
provision_ref: s125
chapter: PART 15 - CLAIMS, COMPLAINTS AND INVESTIGATIONS
section: 125
title: Procedure after inquiry
content:
125. —(1) If upon an inquiry under section 124 it appears that an offence has been committed or that the complaint is well founded, the Commissioner may institute such proceedings, civil or criminal, as the Commissioner considers necessary under the circumstances and where the proceedings arise from a complaint made by an employee or a subcontractor for labour the Commissioner is to institute the proceedings for and in the name of the employee or subcontractor for labour. (2) In the event of there being more employees or subcontractors for labour than one making a similar complaint, the Commissioner may, if the Commissioner institutes civil proceedings for and in the name of those employees or subcontractors for labour, consolidate the complaint of all those employees or subcontractors for labour into one cause of action and the Commissioner is only required to take out one summons for and in the name of all those employees or subcontractors for labour in respect of such causes of action. (3) Any court which would have jurisdiction to hear and determine separate suits based on such causes of action is competent to hear and determine such consolidated suit, even though the subject matter of the consolidated subject matter suit is in excess of the ordinary jurisdiction of that court. (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]


document_id: ema-1968
provision_ref: s126
chapter: PART 15 - CLAIMS, COMPLAINTS AND INVESTIGATIONS
section: 126
title: Costs of proceedings
content:
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.


document_id: ema-1968
provision_ref: s126A
chapter: PART 15A - ADMINISTRATIVE PENALTIES
section: 126A
title: Civil contraventions
content:
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 under this Act, inadvertently or without intent to mislead or defraud. [27/2015; 55/2018]


document_id: ema-1968
provision_ref: s126B
chapter: PART 15A - ADMINISTRATIVE PENALTIES
section: 126B
title: Payment of administrative penalty
content:
126B. —(1) An authorised officer may issue a contravention notice to an employer requiring the employer to pay an administrative penalty of the prescribed amount, for — ( a ) each occasion of an alleged failure by the employer to comply with section 95(1), 95A(2) or 96(1) with respect to any one employee or former employee; ( aa ) each occasion of an alleged failure by the employer to comply with any requirement, in a notification under section 96A that applies to the employer, concerning the furnishing to the Commissioner of information on the retrenchment of any one employee by the employer; ( ab ) each occasion of an alleged contravention, 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 section 126A applies, by the employer; or ( b ) each occasion of an alleged provision by the employer of inaccurate information or particulars to the Commissioner or an inspecting officer under this Act, inadvertently or without intent to mislead or defraud. [27/2015; 55/2018] (2) A contravention notice must — ( a ) specify the amount of administrative penalty to be paid; ( b ) specify the date by which the administrative penalty must be paid; and ( c ) set out the brief details of the alleged contravention and such other particulars as may be prescribed. [27/2015] (3) Different amounts of administrative penalty may be prescribed for different civil contraventions or different circumstances in which a civil contravention takes place. [27/2015] (4) Any employer who is issued a contravention notice under subsection (1) must pay the administrative penalty specified in the contravention notice to the authorised officer within the time, in such mode of payment and at such place as is specified in that notice. [27/2015]


document_id: ema-1968
provision_ref: s126C
chapter: PART 15A - ADMINISTRATIVE PENALTIES
section: 126C
title: Appeal, etc.
content:
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] (2) A reviewing authorised officer reconsidering a contravention notice issued to an employer must not be subordinate to the initial authorised officer who issued the contravention notice. [27/2015] (3) A reviewing authorised officer may, after reconsidering the issue of a contravention notice by the initial authorised officer — ( a ) confirm the contravention notice issued by the initial authorised officer; or ( b ) cancel the contravention notice. [27/2015] (4) Any employer who is aggrieved by the reviewing authorised officer’s decision under subsection (3)( a ) may, within the prescribed period, appeal to the General Division of the High Court which may hear and determine the matter afresh. [27/2015; 40/2019] (5) The procedure governing any such appeal to the General Division of the High Court is as provided in the Rules of Court. [27/2015; 40/2019] (6) The enforcement of the payment of any administrative penalty required by a contravention notice to be paid under section 126B is stayed — ( a ) if a request for internal reconsideration under subsection (1)( a ) is made, until after the reconsideration is completed; or ( b ) if an appeal under subsection (1)( b ) or (4) is filed, until after the appeal is completed. [27/2015] (7) In relation to a contravention notice issued to an employer under section 126B(1), where — ( a ) an appeal to the General Division of the High Court has been filed under subsection (1)( b ) or (4) and the appeal is dismissed; ( b ) the prescribed period for requesting an internal reconsideration under subsection (1)( a ) has lapsed without such request made, and the prescribed period for filing an appeal to the General Division of the High Court under subsection (1)( b ) has lapsed and no appeal is filed; or ( c ) the prescribed period for filing an appeal to the General Division of the High Court under subsection (4) has lapsed and no appeal is filed, the contravention notice may, by permission of a District Court, be enforced against the employer in the same manner as a judgment of the District Court, and where permission is so given, judgment may be entered in terms of that contravention notice. [27/2015; 40/2019] [Act 25 of 2021 wef 01/04/2022] (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]


document_id: ema-1968
provision_ref: s126D
chapter: PART 15A - ADMINISTRATIVE PENALTIES
section: 126D
title: Directions
content:
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] (2) An employer who, without reasonable excuse, fails to comply with a direction given to the employer under subsection (1) 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. [27/2015]


document_id: ema-1968
provision_ref: s127
chapter: PART 16 - PROCEDURE AND REGULATIONS
section: 127
title: Officers to be public servants
content:
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]


document_id: ema-1968
provision_ref: s127A
chapter: PART 16 - PROCEDURE AND REGULATIONS
section: 127A
title: Protection from personal liability
content:
127A. No liability shall lie against any person appointed under section 3 or any other person acting under the direction of the Commissioner for anything which is done with reasonable care and in good faith in the execution or purported execution of this Act. [26/2013]


document_id: ema-1968
provision_ref: s128
chapter: PART 16 - PROCEDURE AND REGULATIONS
section: 128
title: Place of employment deemed to be public place
content:
128. For the purposes of section 14(1) of the Liquor Control (Supply and Consumption) Act 2015, every place of employment is deemed to be a public place. [5/2015]


document_id: ema-1968
provision_ref: s129
chapter: PART 16 - PROCEDURE AND REGULATIONS
section: 129
title: Jurisdiction of Magistrates’ and District Courts
content:
129. —(1) Subject to any special provision to the contrary in this Act, all convictions and penalties for offences under this Act may be had and recovered before a Magistrate’s Court or a District Court on complaint by any person aggrieved or by the Commissioner or any person authorised by the Commissioner in that behalf. (2) A Magistrate’s Court or a District Court may, despite anything in the Criminal Procedure Code 2010, impose the full punishment prescribed by this Act, except that a Magistrate’s Court is not to impose a sentence of imprisonment exceeding 12 months.


document_id: ema-1968
provision_ref: s130
chapter: PART 16 - PROCEDURE AND REGULATIONS
section: 130
title: Right to hearing
content:
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.


document_id: ema-1968
provision_ref: s131
chapter: PART 16 - PROCEDURE AND REGULATIONS
section: 131
title: Onus of proof
content:
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.


document_id: ema-1968
provision_ref: s132
chapter: PART 16 - PROCEDURE AND REGULATIONS
section: 132
title: Civil proceedings not barred
content:
132. Nothing in this Act operates to prevent any employer or employee from enforcing the employer’s or employee’s respective civil rights and remedies for any breach or non‑performance of a contract of service by any suit in court in any case in which proceedings are not instituted, or, if instituted, are not proceeded with to judgment under this Act.


document_id: ema-1968
provision_ref: s133
chapter: PART 16 - PROCEDURE AND REGULATIONS
section: 133
title: Power to deal with evidence taken down by another officer
content:
133. Where the Commissioner or any officer performing the duties or exercising the powers conferred on the Commissioner has, for the purpose of inquiring into any matter under this Act, taken down any evidence or made any memorandum and is prevented by death, transfer or other cause from concluding the inquiry, any successor to the Commissioner or other officer may deal with the evidence or memorandum as if the successor had taken it down or made it and proceed with the inquiry from the stage at which his or her predecessor left it.


document_id: ema-1968
provision_ref: s134
chapter: PART 16 - PROCEDURE AND REGULATIONS
section: 134
title: Application of fines
content:
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.


document_id: ema-1968
provision_ref: s135
chapter: PART 16 - PROCEDURE AND REGULATIONS
section: 135
title: Imprisonment to be in discharge of fine, compensation, etc.
content:
135. Subject to any special provision to the contrary in this Act, from and after the determination of any imprisonment suffered under this Act for non-payment of the amount of any fine, compensation or damages, with the costs assessed and directed to be paid by any order of court, the amount so ordered is deemed to be liquidated and discharged, and the order is annulled.


document_id: ema-1968
provision_ref: s136
chapter: PART 16 - PROCEDURE AND REGULATIONS
section: 136
title: Recovery of money as fines
content:
136. In the event of any employer being subjected to any fine or penalty (but not an administrative penalty under Part 15A) under the provisions of this Act, the fine or penalty may, in addition to any other means of recovery, be recovered by distress and sale of the place of employment, or of any property belonging to the employer and in the place of employment. [27/2015]


document_id: ema-1968
provision_ref: s137
chapter: PART 16 - PROCEDURE AND REGULATIONS
section: 137
title: Service of requisitions and summons
content:
137. —(1) Any requisition issued under section 98 or 99 or any summons issued under section 116, 119 or 124 may be served on any person — ( a ) by delivering it to the person or to some adult member of his or her family at his or her last known place of residence; ( b ) by leaving it at or sending it by registered post to the person’s usual or last known place of residence or business in an envelope addressed to the person; or ( c ) where the person is a body of persons or a body corporate — (i) by delivering it to the director, manager, secretary or other similar officer of the body of persons or body corporate at its registered office or principal place of business; or (ii) by sending it by registered post addressed to the body of persons or body corporate at its registered office or principal place of business. (2) Any requisition or summons sent by registered post to any person in accordance with subsection (1) is deemed to be duly served on the person at the time when the requisition or summons (as the case may be) would in the ordinary course of post be delivered and, in proving service of the requisition or summons, it is sufficient to prove that the envelope containing the requisition or summons (as the case may be) was properly addressed, stamped and posted by registered post.


document_id: ema-1968
provision_ref: s138
chapter: PART 16 - PROCEDURE AND REGULATIONS
section: 138
title:
Power to make reciprocal provisions with Malaysia for service, execution and enforcement of summonses, warrants and orders

content:
138. If the Minister is satisfied that arrangements have been or will be made under any legislation in force in Malaysia for the service, execution or enforcement in Malaysia of summonses, warrants or orders issued or made under this Act, the Minister may, by regulations made under this Act — ( a ) prescribe the procedure for sending such summonses, warrants and orders to Malaysia for service, execution or enforcement and specify the conditions under which any such summons is deemed to have been served; and ( b ) make reciprocal provisions for the service, execution or enforcement in Singapore of summonses, warrants or orders issued or made in Malaysia under any corresponding or similar legislation in force in Malaysia.


document_id: ema-1968
provision_ref: s139
chapter: PART 16 - PROCEDURE AND REGULATIONS
section: 139
title: Power to make regulations
content:
139. —(1) The Minister may, in addition to the powers expressly conferred by any other provisions of this Act, make regulations for carrying out the purposes of this Act. (2) In particular and without limiting subsection (1), the regulations may — ( a ) prescribe the circumstances and conditions under which females may be employed as workmen; ( aa ) regulate the conduct of an employer towards an employee, for the purposes of protecting the employee from any employment practice that may adversely affect the employee’s wellbeing; ( b ) require records to be maintained and prescribe the form and contents thereof and the manner in which they are to be displayed; ( c ) regulate the method of collecting statistics either in connection with or independently of any other public department, the staff to be employed in connection therewith, the duties to be performed and the publications (if any) to be issued; ( d ) prescribe the forms and manner in which and the times and places at which particulars or information are to be furnished, and the manner in which the same are to be authenticated, and any other thing which under this Act is required to be prescribed; ( e ) exempt any employer or class of employers from the obligation to furnish particulars or information under this Act, either wholly or to the prescribed extent, and either unconditionally or subject to the prescribed conditions; ( ea ) prescribe any deduction that may be made under section 27(1)( k ), and the conditions for the making of that deduction; ( f ) prescribe the form of register to be kept under section 29 and the forms of orders to be made under sections 115 and 119; ( g ) prescribe the fees payable for copies of notes of evidence and decisions recorded under section 119(1)( j ); ( ga ) provide for any matter relating to the release of any arrested person on any bail or bond under section 105(5); and ( h ) prescribe the administrative penalties for civil contraventions under Part 15A of an amount not exceeding $1,000 for each occasion of a civil contravention, and $2,000 in the case of a second or subsequent occasion of the civil contravention. [26/2013; 27/2015; 55/2018] (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 provision within one year after the immediately preceding conviction. [27/2015] (2B) The Minister may, in making any regulations mentioned in subsection (2)( aa ), prescribe any contravention of any provision of those regulations as a contravention to which section 126A applies, instead of providing for that contravention to be an offence mentioned in subsection (2A). [55/2018] (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.


document_id: ema-1968
provision_ref: s140
chapter: PART 16 - PROCEDURE AND REGULATIONS
section: 140
title: Amendment of Schedules
content:
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]


document_id: emasa-2001
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Authority” means the Energy Market Authority of Singapore established under section 3; “Board” means the Public Utilities Board continued under section 3 of the Public Utilities Act 2001; “Chairperson” means the Chairperson of the Authority and includes any temporary Chairperson of the Authority; “Chief Executive” means the Chief Executive of the Authority, and includes any individual acting in that capacity; “Deputy Chairperson” means the Deputy Chairperson of the Authority and includes any temporary Deputy Chairperson of the Authority; “district cooling service” has the meaning given by the District Cooling Act 2001; “electricity” means electrical power when generated, transmitted, supplied or used for any purpose but excludes the transmission of any communication or signal; “energy utilities” includes electricity, gas and district cooling services; “Future Energy Fund” means the fund of that name established under section 19; [Act 27 of 2024 wef 08/11/2024] “gas” means natural gas and town gas, but excludes liquefied petroleum gas; “member” means any member of the Authority; “natural gas” means mixture of gaseous hydrocarbons which is conveyed by gas pipes and is composed — ( a ) predominantly of methane; and ( b ) as to the remainder, of varying amounts of other hydrocarbons and other combustible and non‑combustible gases; “premises” includes buildings, structures, streets, lands, waters, tenements, easements of any tenure, whether State land or not, whether open or enclosed, whether built on or not, whether public or private, and whether maintained or not under statutory authority; “Regulation Department” means the department of the Board by that name; “supply” — ( a ) in relation to electricity, means the supply of electricity through electric lines, and includes — (i) the supply to any person or premises in Singapore of electricity which is generated outside Singapore; and (ii) the supply to any person or premises outside Singapore of electricity which is generated in Singapore; and ( b ) in relation to gas, means the supply of gas through pipes; “town gas” means any substance in a gaseous state, which is conveyed in gas pipes and is manufactured from petrochemical feedstock, and has hydrogen as one of its main constituents. [5/2018]


document_id: emasa-2001
provision_ref: s3
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND CONSTITUTION
section: 3
title: Establishment and incorporation of Energy Market Authority of Singapore
content:
3. A body called the Energy Market Authority of Singapore is established, which is a body corporate with perpetual succession and is by that name capable of — ( a ) suing and being sued; ( b ) acquiring, owning, holding and developing or disposing of property, both movable and immovable; and ( c ) doing and suffering any other acts or things that bodies corporate may lawfully do and suffer.


document_id: emasa-2001
provision_ref: s4
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND CONSTITUTION
section: 4
title: Common seal
content:
4. —(1) The Authority must have a common seal and the seal may be broken, altered or made anew as the Authority thinks fit. (2) All courts, judges and persons acting judicially are to take judicial notice of the common seal of the Authority affixed to any document and presume that it was duly affixed.


document_id: emasa-2001
provision_ref: s5
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND CONSTITUTION
section: 5
title: Constitution of Authority
content:
5. —(1) The Authority consists of the following members: ( a ) a Chairperson; ( b ) 5 or more other members as the Minister may from time to time determine. [Act 27 of 2024 wef 31/03/2025] (2) The First Schedule has effect as respects the Authority, its members and proceedings.


document_id: emasa-2001
provision_ref: s6
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF AUTHORITY
section: 6
title: Functions and duties of Authority
content:
6. —(1) Subject to the provisions of this Act, it is the function and duty of the Authority — ( a ) to create a market framework in respect of the supply of — (i) electricity or gas; or (ii) other goods or services regulated by the Authority under any written law, which promotes and maintains fair and efficient market conduct and effective competition or, in the absence of a competitive market, which prevents the misuse of monopoly or market power; ( b ) to secure that all reasonable demands for the supply of electricity are satisfied; ( c ) to promote the development of the electricity and gas industries; ( d ) to protect the interests of consumers in respect of the quality of electricity supply, gas supply and district cooling services provided; ( e ) to protect the interests of the public in respect of the supply and use of electricity and gas and the provision of district cooling services; ( f ) to promote the efficient use of energy utilities; ( fa ) to manage and administer the Future Energy Fund in accordance with this Act subject to the directions of the Minister; [Act 27 of 2024 wef 08/11/2024] ( g ) to exercise licensing and regulatory functions in respect of electricity, gas and district cooling systems and services, including the establishment of standards and codes relating to any connected matter; ( h ) to advise the Government on national needs, policies and strategies relating to energy utilities, and on matters appertaining to the Authority generally; and ( i ) to exercise any other functions and duties conferred on the Authority by or under any other written law. (2) In addition to the functions and duties imposed by this section, the Authority may undertake any other functions that the Minister may assign to the Authority, and in so doing — ( a ) the Authority is deemed to be fulfilling the purposes of this Act; and ( b ) the provisions of this Act apply to the Authority in respect of those functions. (3) Nothing in this section is to be construed as imposing on the Authority, directly or indirectly, any form of duty or liability enforceable by proceedings before any court.


document_id: emasa-2001
provision_ref: s7
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF AUTHORITY
section: 7
title: Powers of Authority
content:
7. —(1) Subject to the provisions of this Act, the Authority may carry on any activities that appear to the Authority to be advantageous, necessary or convenient for it to carry on for or in connection with the discharge of its functions and duties under this Act or other written law and, in particular, the Authority may exercise any of the powers specified in the Second Schedule. (2) This section is not to be construed as limiting any power of the Authority conferred by or under any other written law. (3) The Authority must furnish the Minister information with respect to its property and activities in such manner and at such times as the Minister may require.


document_id: emasa-2001
provision_ref: s8
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF AUTHORITY
section: 8
title: Directions by Minister
content:
8. —(1) The Minister may, after consulting the Authority, give to the Authority any direction under section 5 of the Public Sector (Governance) Act 2018. [5/2018] (2) In addition to the power mentioned in subsection (1), if it appears to the Minister to be requisite or expedient to do so — ( a ) on the occurrence of any public emergency, in the public interest or in the interests of public security, national defence, or relations with the government of another country; or ( b ) in order — (i) to discharge or facilitate the discharge of an obligation binding on the Government by virtue of its being a member of an international organisation or a party to an international agreement; (ii) to attain or facilitate the attainment of any other object the attainment of which is in the Minister’s opinion requisite or expedient in view of the Government being a member of such an organisation or a party to such an agreement; or (iii) to enable the Government to become a member of such an organisation or a party to such an agreement, the Minister may, after consultation with the Authority, give any directions to the Authority that are necessary in the circumstances of the case. [5/2018] (3) The Authority must give effect to any direction given to it under subsection (1) or (2) despite any other duty imposed on it by or under this Act or any other written law. (4) The Authority must not disclose any direction given to it under subsection (1) or (2) if the Minister notifies the Authority that the Minister is of the opinion that the disclosure of the direction is against the public interest. (5) If any doubt arises as to the existence of a public emergency or as to whether any act done under this section was in the public interest or in the interests of public security, national defence or relations with the government of another country, a certificate signed by the Minister is conclusive evidence of the matters stated in the certificate.


document_id: emasa-2001
provision_ref: s9
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF AUTHORITY
section: 9
title: Chief Executive, officers and employees, etc.
content:
9. —(1) There must be a Chief Executive of the Authority, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018. [5/2018] (2) The Authority may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive — ( a ) is absent from duty or Singapore; or ( b ) is, for any reason, unable to perform the duties of the office. [5/2018] (3) The Authority may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on any terms and conditions that it may determine, any other officers, employees, consultants and agents that may be necessary for the effective performance of its functions. [5/2018] 10. [ Repealed by Act 5 of 2018 ]


document_id: emasa-2001
provision_ref: s11
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF AUTHORITY
section: 11
title: Protection from personal liability
content:
11. No suit or other legal proceedings shall lie against any member, officer or employee of the Authority or other person acting under the direction of the Authority for anything which is in good faith done or intended to be done in the execution or purported execution of this Act or any other written law.


document_id: emasa-2001
provision_ref: s12
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF AUTHORITY
section: 12
title: Power to borrow
content:
12. —(1) The Authority cannot raise loans for the performance of its functions under this Act or any other Act administered by the Authority except in accordance with this section. (2) Subject to subsection (3), the Authority may raise loans by — ( a ) mortgage, overdraft or other means, with or without security; ( b ) charge, whether legal or equitable, on any property vested in the Authority or on any other revenue receivable by the Authority under this Act or any other written law; or ( c ) the creation and issue of debentures or bonds, or such other instrument as the Minister may approve. (3) The Authority may raise loans under subsection (2) — ( a ) from the Government; or ( b ) with the approval of the Minister, from another source, whether in or outside Singapore. (4) For the purposes of this section, the power to raise loans includes the power to enter into any financial agreement or arrangement under which credit facilities are granted to the Authority for the purchase of goods or services. [Act 37 of 2021 wef 29/01/2022]


document_id: emasa-2001
provision_ref: s12A
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF AUTHORITY
section: 12A
title: Issue of shares, etc.
content:
12A. As a consequence of the vesting of any property, rights or liabilities of the Government in the Authority under this Act, or of any capital injection or other investment by the Government in the Authority in accordance with any written law, the Authority must issue such shares or other securities to the Minister for Finance as that Minister may direct. [5/2002]


document_id: emasa-2001
provision_ref: s13
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF AUTHORITY
section: 13
title: Duty of Authority in financial matters
content:
13. It is the duty of the Authority so to exercise and perform its functions under this Act as to secure that the total revenues of the Authority are sufficient, taking one financial year with another, to meet its total outgoings properly chargeable to revenue account, including depreciation and interest on capital and to meet a reasonable proportion of the cost of the development of the services of the Authority.


document_id: emasa-2001
provision_ref: s14
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF AUTHORITY
section: 14
title: Annual estimates
content:
14. A summary of the annual estimates and supplementary estimates adopted by the Authority must be published in the Gazette .


document_id: emasa-2001
provision_ref: s15
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF AUTHORITY
section: 15
title: Power of investment
content:
15. The Authority may invest its moneys (including the moneys in the Future Energy Fund) in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965. [45/2004] [Act 27 of 2024 wef 08/11/2024]


document_id: emasa-2001
provision_ref: s16
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF AUTHORITY
section: 16
title: Bank accounts
content:
16. —(1) The Authority must open and maintain an account or accounts with any bank or banks that the Authority thinks fit. (2) Every such account must be operated by such person or persons authorised to do so by the Authority.


document_id: emasa-2001
provision_ref: s17
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF AUTHORITY
section: 17
title: Application of moneys
content:
17. The moneys of the Authority must be applied only in payment or discharge of the expenses, obligations and liabilities of the Authority and in making any payment that the Authority is authorised or required to make.


document_id: emasa-2001
provision_ref: s18
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF AUTHORITY
section: 18
title: Financial year
content:
18. The financial year of the Authority begins on 1 April of each year and ends on 31 March of the succeeding year. [5/2018]


document_id: emasa-2001
provision_ref: s19
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF AUTHORITY
section: 19
title: Future Energy Fund
content:
19. —(1) The Future Energy Fund is established consisting of — ( a ) all moneys from time to time appropriated from the Consolidated Fund or Development Fund and authorised to be paid into the Future Energy Fund by Supply law; ( b ) all moneys authorised by or under any other written law to be paid into the Future Energy Fund; ( c ) any gifts or donations made by any person for the purposes of the Future Energy Fund; and ( d ) all investments out of moneys in the Future Energy Fund authorised to be made by this Act and the proceeds of any such investment, including the net income from such investments. (2) Upon the commencement of section 6(1) of the Energy Transition Measures and Other Amendments Act 2024, the Government must pay into the Future Energy Fund such sum as the Minister charged with the responsibility for finance may determine out of moneys provided by Parliament for the Future Energy Fund. (3) For the purposes of subsection (1)( d ), the net income from investments is the amount ascertained by adding to, or deducting from, the income received from investments of moneys in the Future Energy Fund, any gain derived or loss sustained, realised or unrealised (as the case may be) from such investments. (4) Upon the dissolution of the Future Energy Fund during any term of office of the Government (within the meaning of the Constitution), the balance then remaining in that Fund must be transferred to the Consolidated Fund and added to the reserves of the Government not accumulated by it during that term of office. [Act 27 of 2024 wef 08/11/2024]


document_id: emasa-2001
provision_ref: s19A
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF AUTHORITY
section: 19A
title: Purposes of Future Energy Fund
content:
19A. —(1) The moneys in the Future Energy Fund may be withdrawn by the Authority only for the following purposes: ( a ) for the Authority to carry on, or to provide or enable the provision of financial support in connection with or as a consequence of the carrying on of, any low-carbon energy project or energy supply security project; ( b ) for the Authority to carry on any associated design, investigative and engineering studies, survey or research preparatory to the undertaking of any project in paragraph ( a ); ( c ) to pay any of the following which is incurred or payable (as the case may be) for the purposes of any project in paragraph ( a ): (i) the costs incurred by the Collector of Land Revenue in the acquisition of any land under the Land Acquisition Act 1966; (ii) the compensation payable for the acquisition of any land under the Land Acquisition Act 1966; ( d ) to pay insurance premiums on — (i) capital equipment or other investments; and (ii) land (including structures and installations), constructed, improved, extended, replaced, acquired or leased using moneys from the Future Energy Fund; ( e ) to pay all amounts relating to the sale, disposal or write-off of any investments paid for with moneys from the Future Energy Fund; ( f ) to invest in accordance with section 15; ( g ) to pay any expenses properly attributable to the setting up of the Future Energy Fund and the administration, management and investment of moneys in that Fund. (2) Where a low-carbon energy project or an energy supply security project was commenced before the appointed date, the moneys in the Future Energy Fund may be withdrawn by the Authority for a purpose mentioned in subsection (1) in relation to the project only if, before the appointed date — ( a ) any infrastructure or property constructed, improved, extended, replaced, acquired or leased under the project; or ( b ) any transmission or distribution system improved or enhanced under the project, is not in a position to be used to provide goods or services to any person. (3) No investment paid for with moneys from the Future Energy Fund may be written-off by the Authority without the prior approval of the Minister. (4) The moneys in the Future Energy Fund must not be withdrawn — ( a ) for the purposes of land reclamation by or on behalf of the Government; ( b ) to pay for any fuel used for the generation of any electricity; or ( c ) to pay for any recurrent costs of any low-carbon energy project or energy supply security project. (5) The moneys in the Future Energy Fund may be used, or used to provide or enable the provision of financial support, for a purpose mentioned in subsection (1), in an amount which, based on a reasonable estimation by the Authority, will not contravene subsection (4). (6) In this section — “appointed date” means the date of commencement of section 6(1) of the Energy Transition Measures and Other Amendments Act 2024; “energy supply security project” means a project to ensure the security and reliability of any supply of energy utilities in Singapore, necessitated by any low-carbon energy project, including — ( a ) the improvement or enhancement of any transmission or distribution system in Singapore; and ( b ) the construction, improvement, extension, replacement, acquisition or leasing of any infrastructure or property (including the acquisition of any intellectual property), to provide power back-up in the event of any interruption in the import, generation, transmission or distribution of any electricity under the low-carbon energy project, including — (i) energy storage systems; (ii) fast-response generators (including diesel generators and gas engines) for generating electricity; (iii) systems activating localised generators to reduce consumers’ electricity demand from any transmission system; and (iv) combined-cycle gas turbines; “greenhouse gas” has the meaning given by section 2(1) of the Carbon Pricing Act 2018; “low-carbon electricity” means any electricity that is generated (whether in Singapore or elsewhere) using — ( a ) energy from any renewable energy source; or ( b ) any low-carbon fuel by which the emission of any greenhouse gas may be reduced or minimised when the fuel is used for the generation of electricity; “low-carbon energy project” means a project (whether or not in Singapore) consisting of the construction, improvement, extension, replacement, acquisition or leasing of any infrastructure or property (including the acquisition of any intellectual property), to enable the carrying on of any of the following: ( a ) the generation of low-carbon electricity (including the import, production, transportation and storage of any fuel used to generate such electricity) for supply to any person or premises in Singapore, or to persons or premises both in Singapore and outside Singapore, and the disposal, processing, storage or transportation of any waste produced in connection with the generation of low-carbon electricity; ( b ) the use of any energy storage system for the purposes of the supply of any electricity to any person or premises in Singapore, or to persons or premises both in Singapore and outside Singapore; ( c ) the disposal, processing, storage or transportation of emissions produced in connection with electricity that is not low-carbon electricity, generated for supply to any person or premises in Singapore, or to persons or premises both in Singapore and outside Singapore; ( d ) the import into Singapore of any electricity generated outside Singapore, and the transmission and distribution of the electricity for supply to any person or premises in Singapore, or to persons or premises both in Singapore and outside Singapore; “recurrent costs”, in relation to a low-carbon energy project or an energy supply security project, means any costs of a recurring nature incurred or that would be incurred in the ongoing operations of the subject matter of the project in the provision of goods or services. (7) The Minister may by order in the Gazette prescribe — ( a ) what is or is not a low-carbon fuel for the purposes of paragraph ( b ) of the definition of “low-carbon electricity” in subsection (6), generally or for one or more periods of time; and ( b ) what is or is not a cost of a recurring nature for the purposes of the definition of “recurrent costs” in subsection (6), generally or for one or more low-carbon energy projects or energy supply security projects. [Act 27 of 2024 wef 08/11/2024]


document_id: emasa-2001
provision_ref: s19B
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF AUTHORITY
section: 19B
title: Recovery of costs for energy initiatives
content:
19B. —(1) This section applies where the Authority undertakes any energy initiative for any of the following purposes, whether by itself or through a person appointed by the Authority (called in this section appointed person): ( a ) to ensure the security or reliability of the supply of any energy utilities; ( b ) to improve or enhance the operation of any market or section of a market for any energy utilities; ( c ) to lower carbon emissions in connection with the supply of any energy utilities. (2) Regulations made under section 31 may provide for the imposition of any rate to recover the costs of the Authority or appointed person in undertaking any energy initiative, whether or not payable at the time the rate is imposed. (3) Where a rate is to be imposed for any costs not yet payable, and which amounts are not yet determined, then, for the purpose of imposing the rate, the Authority may make a reasonable estimation of the amounts of the costs that will be incurred. (4) Without affecting section 31, the regulations may make provision in relation to the payment and recovery of any rate, including — ( a ) the persons who must pay the rate, being any one or more of the following: (i) any electricity licensee under the Electricity Act 2001, or any person exempted from the requirement of an electricity licence under that Act; (ii) any gas licensee under the Gas Act 2001, or any person exempted from the requirement of a gas licence under that Act; (iii) any licensee under the District Cooling Act 2001, or any person exempted from the requirement of a licence under that Act; (iv) any consumer of any energy utilities, whether or not the person derives any direct or immediate benefit from the energy initiative for which the rate is imposed; ( b ) the amount of the rate payable by each person (including by way of a formula or other method which may incorporate by reference any other formula or market index of another body or organisation, as may be amended from time to time); ( c ) the manner in which the amount of any rate payable by any person is to be paid by the person (including to any person authorised by the Authority to collect the amount); and ( d ) if the amount of any rate payable by a person is not paid by the person, the manner in which the amount may be recovered from the person, and the regulations may, for each rate, make different provisions for different persons or classes of persons, or for different circumstances. (5) To avoid doubt, the regulations may provide that the rate imposed for any energy initiative in relation to any energy utilities is payable by all or any licensee, all or any consumer, or any combination thereof, in relation to that or any other energy utilities. (6) To avoid doubt, the regulations may be amended from time to time to alter the amount of the rate imposed on any person in relation to any energy initiative, for the purpose of ensuring that the amounts paid or recovered under the rate are reasonably commensurate with the costs of the Authority or appointed person (as the case may be) in undertaking the energy initiative. (7) Subject to subsection (8), the amounts paid or recovered under a rate imposed for any energy initiative are to be applied to meet the costs of the Authority or appointed person (as the case may be) in undertaking the energy initiative. (8) Where (despite any alteration under subsection (6)) the amounts paid or recovered under a rate imposed for any energy initiative exceed the costs of the Authority or appointed person (as the case may be) in undertaking the energy initiative, the Authority may retain the excess and apply the excess in payment of the costs of any other energy initiative undertaken by the Authority or any appointed person. [Act 27 of 2024 wef 01/07/2025]


document_id: emasa-2001
provision_ref: s20
chapter: PART 3 - FUNCTIONS, DUTIES AND POWERS OF AUTHORITY
section: 20
title: Symbol or representation of Authority
content:
20. —(1) The Authority has the exclusive right to the use of any symbol or representation that the Authority may select or devise and thereafter display or exhibit the symbol or representation in connection with its activities or affairs. (2) Any person who uses a symbol or representation identical with that of the Authority, or which so resembles the Authority’s symbol or representation as to deceive or cause confusion, or to be likely to deceive or to cause confusion, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction.


document_id: emasa-2001
provision_ref: s21
chapter: PART 4 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES
section: 21
title: Transfer to Authority of property, assets and liabilities
content:
21. —(1) As from 1 April 2001, such movable and immovable property vested in the Board and used or managed by the Regulation Department and all assets, interests, rights, privileges, liabilities and obligations of the Board relating to that Department are transferred to and vest in the Authority without further assurance, act or deed. (2) If any question arises as to whether any particular property, asset, interest, right, privilege, liability or obligation has been transferred to or vested in the Authority under subsection (1), a certificate under the hand of the Minister for Finance is conclusive evidence that the property, asset, interest, right, privilege, liability or obligation was or was not so transferred or vested. (3) Every proceeding by or against the Board relating to the Regulation Department which are pending on 1 April 2001 may be continued, completed and enforced by or against the Authority. (4) Every agreement relating to any of the transferred properties to which the Board was a party immediately before 1 April 2001, whether or not of such nature that the rights and liabilities thereunder could be assigned, has effect as from that date as if — ( a ) the Authority had been a party to the agreement; and ( b ) for any reference to the Board there were substituted in respect of anything to be done on or after 1 April 2001 a reference to the Authority.


document_id: emasa-2001
provision_ref: s22
chapter: PART 4 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES
section: 22
title: Transfer of employees
content:
22. —(1) As from 1 April 2001 — ( a ) all persons in the Regulation Department; and ( b ) any other persons that the Board may determine, employed immediately before that date by the Board are transferred to the service of the Authority on terms no less favourable than those enjoyed by them immediately prior to their transfer. (2) Until such time as terms and conditions of service are drawn up by the Authority, the scheme and terms and conditions of service in the Board continue to apply to every person transferred to the service of the Authority under subsection (1) as if the person were still in the service of the Board.


document_id: emasa-2001
provision_ref: s23
chapter: PART 4 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES
section: 23
title: Service rights, etc., of transferred employees to be preserved
content:
23. —(1) The terms and conditions to be drawn up by the Authority must take into account the salaries and terms and conditions of service, including any accrued rights to leave, enjoyed by the persons transferred to the service of the Authority under section 22 while in the employment of the Board. (2) Any term or condition relating to the length of service with the Authority must provide for the recognition of service under the Board by the persons transferred under section 22 to be service by them under the Authority.


document_id: emasa-2001
provision_ref: s24
chapter: PART 4 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES
section: 24
title: Existing contracts
content:
24. All deeds, bonds, agreements, instruments and arrangements subsisting immediately before 1 April 2001 to which the Board is a party and relating to the Regulation Department or to any employee of the Board transferred to the service of the Authority under section 22 continue in force on and after that date and are enforceable by or against the Authority as if the Authority had been named therein or had been a party thereto instead of the Board.


document_id: emasa-2001
provision_ref: s25
chapter: PART 4 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES
section: 25
title: Continuation and completion of disciplinary proceedings
content:
25. —(1) Where on 1 April 2001 any disciplinary proceedings were pending against any employee of the Board transferred to the service of the Authority under section 22, the proceedings must be carried on and completed by the Authority. (2) Where on 1 April 2001 any matter was in the course of being heard or investigated or had been heard or investigated by a committee acting under due authority but no order, ruling or decision had been made thereon, the committee must complete the hearing or investigation and must make any order, ruling or direction that it could have made under the authority vested in it before that date. (3) Any order, ruling or direction made by a committee under this section is to be treated as an order, a ruling or a direction of the Authority and have the same force or effect as if it had been made by the Authority pursuant to the authority vested in the Authority under this Act.


document_id: emasa-2001
provision_ref: s26
chapter: PART 4 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES
section: 26
title: Misconduct or neglect of duty by employee before transfer
content:
26. The Authority may reprimand, reduce in rank, retire, dismiss or punish in some other manner a person who had, whilst the person was in the employment of the Board, been guilty of any misconduct or neglect of duty which would have rendered him or her liable to be reprimanded, reduced in rank, retired, dismissed or punished in some other manner if he or she had continued to be in the employment of the Board, and if this Act had not been enacted.


document_id: emasa-2001
provision_ref: s27
chapter: PART 5 - GENERAL
section: 27
title: Powers of enforcement
content:
27. —(1) In addition to the powers conferred by any written law, an officer or employee of the Authority may, on declaration of his or her office and production to the person against whom he or she is acting of such identification card as the Chief Executive may direct to be carried by officers or employees of the Authority, in relation to any offence under any such written law — ( a ) require any person whom the officer or employee reasonably believes to have committed an offence under any such written law to furnish evidence of the person’s identity; ( b ) require any person, for the purpose of any such written law, to furnish any information or produce any book, document or copy thereof in the possession of that person, and may, without fee or reward, inspect, copy or make extracts from the book or documents; and ( c ) when conducting any investigation under such written law require, by written order, the attendance before the officer or employee of any person being within the limits of Singapore who, from the information given or otherwise appears to be acquainted with the circumstances of the case, and the person so ordered must attend as so required. (2) A person who — ( a ) refuses to give access to, or assaults, obstructs, hinders or delays, an officer or employee of the Authority in the discharge of the officer’s or employee’s duties; ( b ) wilfully misstates or without lawful excuse refuses to give any information or without lawful excuse refuses to produce any book, document or copy thereof required of the person by an officer or employee of the Authority under subsection (1); or ( c ) fails to comply with a lawful demand of an officer or employee of the Authority in the discharge of his or her duties, 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 12 months or to both.


document_id: emasa-2001
provision_ref: s28
chapter: PART 5 - GENERAL
section: 28
title: Preservation of secrecy
content:
28. —(1) A person ( A ) who is or has been a member, an officer, an employee or an agent of the Authority or a member of a committee of the Authority must not, except for the purpose of the performance of A ’s duties or the exercise of A ’s functions or when lawfully required to do so by any court or where required or allowed by the provisions of any written law, disclose any information relating to the affairs of the Authority or of any other person which has been obtained by A in the performance of A ’s duties or the exercise of A ’s functions. [5/2018] (2) Any person who contravenes subsection (1) 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 12 months or to both.


document_id: emasa-2001
provision_ref: s29
chapter: PART 5 - GENERAL
section: 29
title: Offences committed by bodies corporate, etc.
content:
29. Where an offence under this Act has been committed by a company, firm, society or other body of persons, and that offence is proved to have been committed with the authority, consent or connivance of any person who, at the time of the commission of the offence, was a director, manager, secretary or other similar officer or a partner of the company, firm, society or other body of persons or was purporting to act in any such capacity, that person shall also be guilty of that offence and shall be liable to be proceeded against and punished accordingly.


document_id: emasa-2001
provision_ref: s30
chapter: PART 5 - GENERAL
section: 30
title: Composition of offences
content:
30. —(1) The Authority may compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $3,000. [5/2018] (2) The Authority may, with the approval of the Minister, make regulations to prescribe the offences which may be compounded. (3) All sums collected under this section must be paid to the Authority.


document_id: emasa-2001
provision_ref: s31
chapter: PART 5 - GENERAL
section: 31
title: Regulations
content:
31. The Authority may, with the approval of the Minister, make regulations for or in respect of every purpose which is considered by the Authority necessary or convenient to be prescribed for carrying out the provisions of this Act.


document_id: epha-1987
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “aerosol-generating system” means any device or system that is capable of producing a suspension of fine liquid droplets in air or other type of gas; “Agency” means the National Environment Agency established under the National Environment Agency Act 2002; “aquatic facility” means any pool, device or facility used or intended to be used for any recreational or therapeutic activity in, on or involving the use of water; “aquatic facility licence” means a licence granted under this Act for a licensable aquatic facility; “authorised officer” means any person appointed by the Director‑General under sections 3(2) and 4(2) to be an authorised officer; “auxiliary officer” means an individual who is appointed as an auxiliary officer under section 16A(1) of the National Environment Agency Act 2002; “baseline wage”, in relation to a waste management worker — ( a ) means the total amount of money (including wage adjustments and increments) to which the waste management worker is entitled under his or her contract of service — (i) for working for a period of time, that is, for one hour, one day, one week, one month or for any other period that may be stated or implied in his or her contract of service; or (ii) for each completed piece or task of work; ( b ) includes any payment that is prescribed as being part of the baseline wage; and ( c ) excludes all of the following: (i) additional payments by way of overtime payments; (ii) additional payments by way of bonus payments or annual wage supplements; (iii) any sum paid to the waste management worker to reimburse him or her for special expenses incurred by him or her in the course of his or her employment; (iv) any payment that may be prescribed as not being part of the baseline wage; [Act 5 of 2023 wef 01/07/2023] “basic rate of pay” means the total amount of money (including wage adjustments and increments) to which an employee is entitled under his or her contract of service for working for a period of time, that is, for one hour, one day, one week, one month or for any other period that may be stated or implied in his or her contract of service, or for each completed piece or task of work, but does not include — ( a ) additional payments by way of overtime payments; ( b ) additional payments by way of bonus payments or annual wage supplements; ( c ) any sum paid to the employee to reimburse him or her for special expenses incurred by him or her in the course of his or her employment; ( d ) productivity incentive payments; and ( e ) any allowance however described; [Act 5 of 2023 wef 01/07/2023] “basic wage”, in relation to a cleaner, means wage calculated at the cleaner’s basic rate of pay — ( a ) for one hour, one day, one week, one month or for any other period that may be stated or implied in his or her contract of service; or ( b ) for each completed piece or task of work; [Act 5 of 2023 wef 01/07/2023] “building” includes any house, hut, shed or roofed enclosure, whether used for the purpose of human habitation or otherwise, and any structure, support or foundation connected to the foregoing; “cleaner” means an individual who is engaged, whether as a full‑time employee, part-time employee or casual employee and whether or not at piece rates — ( a ) to perform cleaning work for a person other than the individual’s employer; or ( b ) to supervise other individuals performing cleaning work for a person other than the individual’s employer, whether or not the individual is known as a supervisor or leader or by any other title, and includes any individual who is declared by the Minister, by notification in the Gazette , to be a cleaner; “cleaning business” means a business, whether or not the business is carried on for profit — ( a ) in which a person carries out cleaning work for other persons through the services of cleaners engaged or employed by that person; or ( b ) of supplying cleaners to other persons; [Act 5 of 2023 wef 01/07/2023] “cleaning business licence” means a licence granted under section 80G(1); “cleaning contract”, in relation to a person, means a contract for the provision of cleaning work to other persons by cleaners, or for the supply to other persons of cleaners, who are engaged or employed by the person; [Act 5 of 2023 wef 01/07/2023] “cleaning work” means work carried out in Singapore that has, as its main or only component, the bringing of premises or any public place into, or keeping of premises or any public place in, a clean condition, and includes supervising the carrying out of that work but excludes any work that the Minister declares, by notification in the Gazette , not to be cleaning work; “code of practice” means any code of practice issued or approved under section 99A(1), and includes such code of practice as amended from time to time; “Commissioner for Labour” means the Commissioner for Labour appointed under section 3(1) of the Employment Act 1968; “common property” has the meaning given by section 2(1) of the Building Maintenance and Strata Management Act 2004; “construction site” means any premises on which works of the following description are being or are going to be carried out: ( a ) the erection, construction, alteration, repair or maintenance of buildings, structures or roads; ( b ) the breaking up or opening of, or boring under, any road or adjacent land in connection with the construction, inspection, maintenance or removal of works; ( c ) demolition or dredging works; ( d ) any other work of engineering construction; “dangerous substance” means — ( a ) aquafortis, vitriol, naphtha benzine, gunpowder, lucifer matches, nitroglycerine and petroleum; ( b ) any explosive within the meaning of the Guns, Explosives and Weapons Control Act 2021; [Act 3 of 2021 wef 01/07/2025] ( c ) any radioactive material within the meaning of the Radiation Protection Act 2007; ( d ) any substance which owing to its nature, composition or quantity constitutes a danger to property or human life or health; and ( e ) such other substance which the Agency may, with the approval of the Minister, by notification in the Gazette , declare to be a dangerous substance for the purpose of this Act; “Director-General” means the Director-General of Public Health appointed under section 3(1); “Director-General, Food Administration” means the Director‑General, Food Administration appointed under section 277(1) of the Food Safety and Security Act 2025; [Act 7 of 2025 wef 28/11/2025] “disposal facility” includes a recycling facility, a refuse disposal ground, any place used for the deposit of refuse or waste, an incinerator or any plant, machinery or apparatus used for the processing or treatment of refuse or waste; “dwelling house” includes any building or tenement or any part thereof which is used, constructed or adapted for use for human habitation; “environmental sanitation programme” means any environmental sanitation programme developed under section 62B, and includes such environmental sanitation programme as amended from time to time; “flat” means a horizontal stratum of any building or part thereof, whether the stratum is on one or more levels or is partially or wholly below the surface of the ground, which is used or intended to be used as a complete and separate unit for the purpose of habitation or business or for any other purpose, and which may be comprised in a “lot”, or in part of any “subdivided building” not shown in a registered “strata title plan” (the last 3 expressions within quotation marks having the meanings given by the Land Titles (Strata) Act 1967); “food” has the meaning given by section 4 of the Food Safety and Security Act 2025; [Act 7 of 2025 wef 28/11/2025] “food establishment” means any place or any premises or part thereof used for the sale, or for the preparation or manufacture for sale, or for the storage or packing for sale, of food, whether cooked or not, intended for human consumption; “footway” includes footways and verandah‑ways at the sides of streets; “funeral parlour” means any premises where corpses are received for the purpose of preparation for burial or cremation or for the carrying out of funeral rites or ceremonies prior to burial or cremation, and includes any premises used for such purpose by whatever name called; “garden refuse” means the refuse from garden and agricultural operations; “house” includes dwelling house, warehouse, office, shop, school and any other building in which persons are employed; “industrial waste” means any waste whether solid, liquid or gaseous produced, or removed or recovered, in the course of or is the waste product of any trade, business, manufacture or building construction, and includes toxic industrial waste and any dangerous substance; [Act 24 of 2021 wef 01/04/2022] “infectious diseases” means — ( a ) any disease set out in the First or Second Schedule to the Infectious Diseases Act 1976; and ( b ) any skin disease which is likely to be contagious; “itinerant hawker” means any person who, with or without a vehicle, goes from place to place or from house to house carrying for sale or exposing for sale any food or goods of any kind; “latrine” includes bucket latrines, bore-hole latrines, water seal latrines and pit latrines; “licensable aquatic facility” means any aquatic facility of the description or type prescribed by the Agency, with the approval of the Minister, by order in the Gazette ; “limited common property” has the meaning given by section 2(1) of the Building Maintenance and Strata Management Act 2004; “manager”, in relation to any premises, means the occupier of the premises, and where there is no occupier, the owner of the premises; “market” means any place used for the sale of any meat, fish, fruit, vegetable, poultry, egg or other article of food, whether cooked or uncooked, for human consumption, and includes any premises therein used for the sale of goods or in any way used in conjunction or connection therewith or appurtenant thereto; “nuisance” means any act, omission or thing occasioning or likely to occasion injury, annoyance, offence, harm, danger or damage to the sense of sight, smell or hearing, or which is or is likely to be injurious or dangerous to health or property; “occupier” means the person in occupation of any premises or having the charge, management or control thereof either on that person’s own account or as agent of another person; and, in relation to any part of any premises, different parts of which are occupied by different persons, means the person in occupation or having the charge, management or control of that part; “operator”, in relation to a public service vehicle, means the owner, ticket conductor, driver, ticket inspector or person who is in charge or in control of the public service vehicle; “owner”, in relation to — ( a ) any premises — means the person for the time being receiving the rent of the premises, whether on the person’s own account or as agent or trustee or as receiver, or who would receive the rent if the premises were let to a tenant, and includes the person whose name is entered in the Valuation List prepared under section 10 of the Property Tax Act 1960; ( b ) any premises where building works are carried out — includes the developer; ( c ) the common property of any subdivided building — includes the management corporation established under the Building (Strata Management) Act 2004 * having control of the building, or the person receiving any rent or charge for the maintenance of that common property; and [Act 12 of 2020 wef 01/10/2025] ( d ) the limited common property of any subdivided building — includes the subsidiary management corporation established under the Building (Strata Management) Act 2004 * having control of the limited common property, or the person receiving any rent or charge for the maintenance of that limited common property; [Act 12 of 2020 wef 01/10/2025] “place of public resort” means a buil


document_id: epha-1987
provision_ref: s3
chapter: PART 2 - ADMINISTRATION
section: 3
title: Appointment of Director-General and authorised officers
content:
3. —(1) The Minister may appoint any person to be the Director-General of Public Health who is responsible for the administration of this Act except where expressly provided otherwise, subject to the general or special directions of the Minister. [11/2019] [Act 5 of 2025 wef 09/03/2025] (1A) An appointment under subsection (1) must be published in the Gazette . [Act 5 of 2025 wef 09/03/2025] (2) The Director-General may in writing appoint any of the following persons to be an authorised officer for the purposes of this Act: ( a ) a public officer; ( b ) an officer or auxiliary officer of the Agency; ( c ) an officer of any statutory authority; ( d ) an auxiliary police officer appointed under the Police Force Act 2004. [4/2016]


document_id: epha-1987
provision_ref: s4
chapter: PART 2 - ADMINISTRATION
section: 4
title: Delegation of power by Director-General
content:
4. —(1) The Director-General may, with the approval of the Minister, delegate the exercise of all or any of the powers conferred or duties imposed upon the Director‑General by this Act to any authorised officer, subject to any conditions or limitations that the Director‑General may specify. (2) The Director-General may, with the approval of the Minister, appoint any person set out in the first column of the Fourth Schedule as an authorised officer for the purposes of exercising all or any of the powers under this Act that are set out in the second column of that Schedule, subject to any conditions or limitations that the Director‑General may specify.


document_id: epha-1987
provision_ref: s5
chapter: PART 3 - PUBLIC CLEANSING
section: 5
title: Director-General to cause public streets, etc., to be cleansed
content:
5. —(1) The Director-General must cause public streets, including the footways thereof, and public parks, beaches, foreshores, canals, waterways and unoccupied State land, to be properly swept and cleansed and watered so far as is reasonably practicable, and refuse and filth of every sort found thereon to be collected and removed. [15/2014] (2) Nothing in subsection (1) derogates from the effect of any other written law. [15/2014]


document_id: epha-1987
provision_ref: s6
chapter: PART 3 - PUBLIC CLEANSING
section: 6
title: Duty of owner and occupier to keep clean private streets, etc., abutting on their premises
content:
6. —(1) The owner and the occupier of any premises abutting upon any private street to which they have access or the right of access from their premises must cause any portion of the street that fronts, adjoins or abuts on their premises and up to the centre thereof including the footways to be properly swept and cleansed and watered so far as is reasonably practicable, and refuse and filth of every sort found thereon to be collected and removed. (2) The owner and the occupier of any premises must cause the immediate vicinity of their premises, including the footways and backyards abutting thereon, and the airwells, courtyards and quadrangles thereof to be kept clean and free of refuse, filth or other matter or any accumulation of water. (3) The Director-General may, by written notice, require any person upon whom any duty is cast under subsection (1) or (2) to sweep and cleanse and water such street and to collect and remove the refuse, filth and other matter found thereon at such time or times as are stated in the notice.


document_id: epha-1987
provision_ref: s7
chapter: PART 3 - PUBLIC CLEANSING
section: 7
title: Dustbins in streets
content:
7. —(1) The Director-General may — ( a ) cause any number of dustbins or other convenient receptacles in which refuse may be temporarily deposited to be provided and placed in proper and convenient locations in public streets and private streets and in any other places that the Director‑General may think fit; and ( b ) cause vehicles to go round to collect the refuse. (2) A person must not deposit, or cause or permit to be deposited any dung, nightsoil, human excreta, industrial waste, stable refuse or garden refuse in any such dustbin or receptacle, except that such garden refuse comprising grass, small twigs and the like as may be reasonably accommodated in those dustbins or receptacles may be placed therein. Removal of refuse


document_id: epha-1987
provision_ref: s8
chapter: PART 3 - PUBLIC CLEANSING
section: 8
title: Director-General may apply systems for collection and removal of refuse, etc.
content:
8. —(1) The Director-General may at any time apply to all premises within any area that he or she may determine any system which he or she thinks fit for the collection and removal of refuse and waste of every description from those premises. (2) In any area to which a system for the collection and removal of refuse and waste is applied under subsection (1) — ( a ) no person other than a waste collector licensee whose specified area in its licence includes premises in the area may collect or remove any refuse or waste; and ( b ) every occupier of any premises that the Director‑General may designate in the area must use the service of collecting and removing refuse or waste provided by a public waste collector licensee whose specified area in its licence includes those designated premises.


document_id: epha-1987
provision_ref: s9
chapter: PART 3 - PUBLIC CLEANSING
section: 9
title: Removal of industrial waste, stable refuse, etc.
content:
9. —(1) The Director‑General may, by written notice, require any person carrying on a trade, manufacture or business or occupying any stable, cattle shed or place for keeping sheep, goats, swine or poultry, to remove periodically industrial waste or stable refuse to a disposal facility for disposal. (2) Any person upon whom a notice has been served under subsection (1) must, if so required by the Director‑General, provide evidence that the person has complied with the notice.


document_id: epha-1987
provision_ref: s10
chapter: PART 3 - PUBLIC CLEANSING
section: 10
title: Director-General may require owner and occupier to provide dustbins and refuse bins, etc.
content:
10. —(1) The Director-General may, by written notice, require the owner or occupier of any premises to provide, construct or reconstruct at the expense of the owner or occupier and within the period that may be specified in the notice — ( a ) dustbins or other convenient receptacles, which must conform to any specifications that the Director‑General may require, to be placed in appropriate locations within the premises of the owner or occupier as the Director‑General thinks fit for the deposit of refuse and rubbish from those premises; ( b ) refuse bin centres or refuse bin compartments, which must conform to any specifications that the Director‑General may require, to be sited in appropriate locations within the premises as the Director‑General thinks fit, and in or on which must be placed the dustbins and other receptacles mentioned in paragraph ( a ); and ( c ) receptacles which must conform to such specifications as the Director‑General may require, to be placed in appropriate locations within the premises of the owner or occupier as the Director‑General thinks fit for the deposit of recyclables. [26/2008] (2) Where any dustbins or receptacles have been provided under subsection (1), the Director‑General may, by written notice, require the owner or occupier of any premises concerned to convey, as often as may be necessary, refuse from such premises to a disposal facility.


document_id: epha-1987
provision_ref: s11
chapter: PART 3 - PUBLIC CLEANSING
section: 11
title: Maintenance of refuse equipment or facility in buildings
content:
11. —(1) The owner of a building or part of a building served by any refuse equipment or facility is responsible for the maintenance, repair or replacement of the refuse equipment or facility. (2) The Director-General may, by written notice, require the owner of a building or part of a building served by any refuse equipment or facility to — ( a ) maintain, repair or replace the refuse equipment or facility; or ( b ) make any modification to the refuse equipment or facility that the Director-General considers necessary for the protection of the environment or environmental public health. (3) In this section — “refuse equipment or facility” means any of the following: ( a ) a refuse or waste chute; ( b ) a refuse or waste chute chamber; ( c ) a refuse or waste chute hopper; ( d ) a refuse or waste lift that is wholly or partly used for the conveyance of refuse or waste; ( e ) a standalone pneumatic waste conveyance system; “standalone pneumatic waste conveyance system” — ( a ) means an automated waste collection system that — (i) conveys or transports refuse or waste by air suction through a network of pipes to the refuse bin centre; (ii) consists of the following that are used for, or for purposes connected with, conveying or transporting refuse or waste by air suction to the refuse bin centre: (A) all air and ventilation networks; (B) all valves, cables, pipes, regulators, apparatus, equipment, plants, stations, sensors and receptacles for the temporary storage of refuse or waste; and (iii) is not located in a DPWCS area declared under section 31G(1); and ( b ) excludes any disposal facility. [Act 5 of 2023 wef 01/07/2023]


document_id: epha-1987
provision_ref: s12
chapter: PART 3 - PUBLIC CLEANSING
section: 12
title: Occupier of house to remove refuse
content:
12. —(1) The occupier of any dwelling house or premises who — ( a ) keeps or allows to be kept otherwise than in some proper receptacle, refuse or any noxious or offensive matter in any part of such house or premises; ( b ) allows such receptacle to be in a filthy or noxious state; or ( c ) neglects or fails to remove the refuse or noxious or offensive matter from such receptacle and to cleanse the same, shall be guilty of an offence. (2) The receptacle mentioned in subsection (1) must be placed at such times and places as the Director‑General may direct.


document_id: epha-1987
provision_ref: s13
chapter: PART 3 - PUBLIC CLEANSING
section: 13
title: Prohibition on use of nightsoil or human excreta as manure
content:
13. —(1) No land may be manured with nightsoil or human excreta. (2) If any nightsoil or human excreta is found in any place collected in pits or receptacles of any kind that would in the ordinary course be used for preparing the nightsoil or human excreta for purposes of manuring, this is deemed conclusive evidence that the land on which the pits or receptacles are situated or land in the same occupation adjoining or contiguous thereto has been manured with nightsoil or human excreta. (3) The owner and the occupier of any land which is manured with nightsoil or human excreta shall both be guilty of an offence. (4) The Director-General may, by written notice, require the owner or occupier of the land to remove the nightsoil or receptacles or to fill up the pits, as the case may be.


document_id: epha-1987
provision_ref: s14
chapter: PART 3 - PUBLIC CLEANSING
section: 14
title: Prohibition on use of nightsoil or human excreta for manuring earth in pots, etc.
content:
14. A person must not use any nightsoil or human excreta for the purpose of manuring any earth, soil or other substance contained in any pot, box, container or other receptacle.


document_id: epha-1987
provision_ref: s15
chapter: PART 3 - PUBLIC CLEANSING
section: 15
title: Prohibition of cultivation or use of manure or irrigation which is nuisance
content:
15. If at any time it appears to the Director‑General that the method of cultivation of any description of crop or the use or storing or method of preparing or dealing with any kind of manure (including prawn dust, prawn shell, chicken droppings and stable refuse) or the irrigation of land in any specific manner in any premises or area is a nuisance, the Director‑General may — ( a ) prohibit the method of cultivation or the use or storing or method of preparing or dealing with the manure or the manner of irrigation within the premises or area; or ( b ) regulate any of the matters referred to in paragraph ( a ) by imposing any conditions thereon that the Director‑General may think necessary for the prevention of the nuisance.


document_id: epha-1987
provision_ref: s16
chapter: PART 3 - PUBLIC CLEANSING
section: 16
title: All refuse, etc., collected to be property of Agency
content:
16. —(1) All refuse, waste and filth of every sort and any matter or thing collected by the employees, contractors or agents of the Agency from streets, buildings or any premises or place or brought by any person to any public disposal facility are the property of the Agency which may sell or dispose of the refuse, waste and filth as it thinks fit. (2) Despite subsection (1), any refuse, waste and filth of every sort, and any other matter or thing, that is conveyed within the refuse pipeline networks of any DPWCS established under Part 3B is also the property of the Agency which the Agency may sell or dispose of as the Agency thinks fit. [48/2018] [Act 5 of 2023 wef 01/07/2023] (3) A person must not, without the written permission of the Director‑General, remove any refuse, waste or filth or any other matter or thing brought into any disposal facility for disposal or treatment. Offences in respect of uncleanliness in public places


document_id: epha-1987
provision_ref: s17
chapter: PART 3 - PUBLIC CLEANSING
section: 17
title: Prohibition against throwing refuse, etc., in any public place
content:
17. —(1) A person must not — ( a ) deposit, drop, place or throw any dust, dirt, paper, ash, carcase, refuse, box, barrel, bale or any other article or thing in any public place, except in a dustbin or other receptacle provided for the deposit of refuse and rubbish; ( b ) keep or leave any article or thing in any place where it or particles therefrom have passed or are likely to pass into any public place, except in a dustbin or other receptacle provided for the deposit of refuse and rubbish; ( c ) dry any article of food or any other article or thing in any public place; ( d ) place, scatter, spill or throw any blood, brine, noxious liquid, swill or any other offensive or filthy matter of any kind in such manner as to run or fall into any public place; ( e ) beat, clean, shake, sieve or otherwise agitate any ash, hair, feathers, lime, sand, waste paper or other substance in such manner that it is carried or likely to be carried by the wind to any public place; ( f ) throw or leave behind any bottle, can, food container, food wrapper, glass, particles of food or any other article or thing in any public place, except in a dustbin or other receptacle provided for the deposit of refuse and rubbish; ( g ) spit any substance or expel mucus from the nose upon or onto any street or any public place, except in a dustbin or other receptacle provided for the deposit of refuse and rubbish; or ( h ) discard or abandon in any public place any motor vehicle whose registration has been cancelled under section 27 of the Road Traffic Act 1961, any furniture or any other bulky article. [48/2018] (2) A person must not drop, deposit or throw any refuse or any other matter or thing in any channel, drain, lake, reservoir, river, stream or watercourse or upon the bank of any of the same or in any part of the sea abutting on the foreshore. (3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence. (4) Where the driver or a passenger of a motor vehicle is alleged or suspected to be guilty of an offence under this section — ( a ) the owner of the motor vehicle must give any information that he or she may be required to give by a police officer or an authorised officer as to the identity and address of the person who, at or about the time of the alleged offence, was the driver or a passenger of the motor vehicle; and ( b ) any other person who was or should have been in charge or in control of the motor vehicle at or about the time of the alleged offence must (if so required) give any information which it is in that person’s power to give and which may lead to the identification of the driver and passengers. [15/2014] (5) Where an offence under this section is alleged or suspected to be in connection with throwing, dropping or scattering of refuse or any other matter or thing from a flat used for residential purpose (including a flat which is leased for residential purpose) — ( a ) any owner of that flat must give any information that the owner may be required to give by a police officer or an authorised officer as to the identity of every person who, at or about the time of the alleged offence, was an occupier of that flat; and ( b ) any occupier of that flat at or about the time of the alleged offence, or any owner of that flat in the case where that flat was unoccupied at or about that time, must (if so required) give any information which it is in the occupier’s or owner’s power to give and which may lead to the identification of the alleged offender. [15/2014] (6) Any person who, without reasonable excuse, fails to comply with subsection (4) or (5) within 14 days after the date on which the information was required from the person shall be guilty of an offence. [15/2014] (7) A person is not excused from giving any information required of the person by subsection (4) or (5) on the ground that the disclosure of the information might tend to incriminate the person. [15/2014]


document_id: epha-1987
provision_ref: s17A
chapter: PART 3 - PUBLIC CLEANSING
section: 17A
title: Presumptions in respect of littering, etc., from residential flats
content:
17A. —(1) Where in any proceedings for a contravention of section 17(1)( a ), ( d ) or ( f ), it is proved that any refuse or any other article, matter or thing that is the subject of the charge, had been deposited, dropped, placed, thrown, scattered or spilled in or into any public place from a residential flat, it is presumed, until the contrary is proved, that the refuse, article, matter or thing was deposited, dropped, placed, thrown, scattered or spilled in or into the public place from the residential flat, as the case may be — ( a ) where at the time of the contravention the whole residential flat was leased — by the tenant of the residential flat or (if there are 2 or more tenants) by every tenant of the residential flat; or ( b ) in any other case — by the owner of that residential flat or (where that residential flat is owned by more than one owner) by every owner of that residential flat. (2) Where in any proceedings for a contravention of section 17(1)( b ), it is proved that an article or a thing, or particles from an article or a thing, that is the subject of the charge, had passed into any public place from a residential flat, it is presumed, until the contrary is proved, that the article or thing was kept or left in the residential flat — ( a ) where at the time of the contravention the whole residential flat was leased — by the tenant of the residential flat or (if there are 2 or more tenants) by every tenant of the residential flat; or ( b ) in any other case — by the owner of that residential flat or (where that residential flat is owned by more than one owner) by every owner of that residential flat. (3) Where in any proceedings for a contravention of section 17(1)( e ), it is proved that any ash, hair, feathers, lime, sand, waste paper or other substance that is the subject of the charge, had been carried by the wind to any public place due to the beating, cleaning, shaking, sieving or agitating thereof by a person in a residential flat, it is presumed, until the contrary is proved, that the act was done — ( a ) where at the time of the contravention the whole residential flat was leased — by the tenant of the residential flat or (if there are 2 or more tenants) by every tenant of the residential flat; or ( b ) in any other case — by the owner of that residential flat or (where that residential flat is owned by more than one owner) by every owner of that residential flat. (4) Where in any proceedings for a contravention of section 17(1)( g ), it is proved that any substance or mucus that is the subject of the charge, had been spat by, or expelled from the nose of, a person in a residential flat upon or onto any street or public place, it is presumed, until the contrary is proved, that the substance or mucus was spat or expelled — ( a ) where at the time of the contravention the whole residential flat was leased — by the tenant of the residential flat or (if there are 2 or more tenants) by every tenant of the residential flat; or ( b ) in any other case — by the owner of that residential flat or (where that residential flat is owned by more than one owner) by every owner of that residential flat. (5) The presumption in subsection (1), (2), (3) or (4) against a person (called in this subsection the presumed offender) is rebutted if it is proved that — ( a ) the contravention mentioned in subsection (1), (2), (3) or (4) (as the case may be) was committed by a person other than the presumed offender; ( b ) the presumed offender was not present in the residential flat at the time the contravention was committed; or ( c ) the presumed offender provided the identity of the person whom the presumed offender reasonably believes to have committed the contravention, to a police officer or an authorised officer within 14 days after being required to do so by the police officer or authorised officer. (6) The presumptions in subsections (1), (2), (3) and (4), respectively, only apply in respect of an alleged contravention committed on or after the date of commencement of section 5 of the Environmental Public Health (Amendment) Act 2023. (7) For the purposes of this section, the whole residential flat may be leased to 2 or more tenants by — ( a ) a single agreement with those tenants; or ( b ) separate agreements with one or more of those tenants. (8) In this section, “residential flat” means a flat used for residential purposes, including a flat that is leased for residential purposes. [Act 5 of 2023 wef 01/07/2023]


document_id: epha-1987
provision_ref: s18
chapter: PART 3 - PUBLIC CLEANSING
section: 18
title: Building works constituting danger to life, health, etc.
content:
18. Any person who, during the erection, alteration, construction or demolition of any building or at any time, fails to take reasonable precautions to prevent danger to the life, health or wellbeing of persons using any public place from flying dust or falling fragments or from any other material, thing or substance shall be guilty of an offence.


document_id: epha-1987
provision_ref: s19
chapter: PART 3 - PUBLIC CLEANSING
section: 19
title: Prohibition against dropping, scattering, etc., certain substances in public place
content:
19. —(1) Any person who — ( a ) drops, scatters, spills or throws any noxious liquid, dirt, sand, earth, gravel, clay, loam, manure, refuse, sawdust, shavings, stone, straw or any other similar matter or thing; or ( b ) causes or permits any noxious liquid, dirt, sand, earth, gravel, clay, loam, manure, refuse, sawdust, shavings, stone, straw or any other similar matter or thing to be dropped, scattered, spilled or thrown, in any public place (whether from a moving or stationary vehicle or in any other manner) shall be guilty of an offence. (2) The Director‑General may, by written notice, require any person carrying out any construction or earth works to provide or construct any device or facility that the Director‑General may think fit for the removal of dirt, earth, sand or other particles from any vehicle used in connection with the construction or earth works. (3) For the purposes of subsection (1) — ( a ) where the matter or thing is dropped, scattered, spilled or thrown from a vehicle, the driver or person having charge or control of the vehicle is deemed to have committed the offence, unless the offence is committed by a person other than the driver or person having charge or control of the vehicle and the identity of the person who committed the offence can be established; and ( b ) where the driver of a motor vehicle is alleged or is suspected to be guilty of the offence under this section — (i) the owner of the motor vehicle must give any information that the owner may be required to give by a police officer or an authorised officer as to the identity and address of the person who, at or about the time of the alleged offence, was the driver of the motor vehicle and such other information as the police officer or authorised officer may require; and (ii) any other person who was or should have been in charge or in control of the motor vehicle at or about the time of the alleged offence must (if so required) give any information which it is in that person’s power to give, and which may lead to the identification of the driver. [15/2014] (4) Any person who, without reasonable excuse, fails to comply with subsection (3)( b ) within 14 days after the date on which the information was required from the person shall be guilty of an offence. [15/2014] (5) A person is not excused from giving any information required of the person by subsection (3)( b ) on the ground that the disclosure of the information might tend to incriminate the person. [15/2014]


document_id: epha-1987
provision_ref: s20
chapter: PART 3 - PUBLIC CLEANSING
section: 20
title: Prohibition against dumping and disposing
content:
20. —(1) Any person who — ( a ) dumps or disposes, or causes or permits the dumping or disposal, of any refuse, waste or any other article from a vehicle in a public place; or [Act 5 of 2023 wef 01/07/2023] ( b ) uses, or permits the use of, a vehicle for the purpose of dumping or disposing of any refuse, waste or any other article in a public place, [Act 5 of 2023 wef 01/07/2023] shall be guilty of an offence. (2) Where the driver or a passenger of a motor vehicle is alleged or suspected to be guilty of an offence under this section — ( a ) the owner of the motor vehicle must give any information that the owner may be required to give by a police officer or an authorised officer as to the identity and address of the person who, at or about the time of the alleged offence, was the driver or a passenger of the motor vehicle; and ( b ) any other person who was or should have been in charge or in control of the motor vehicle at or about the time of the alleged offence must (if so required) give any information which it is in that person’s power to give and which may lead to the identification of the driver and passengers. [15/2014] (3) Any person who, without reasonable excuse, fails to comply with subsection (2) within 14 days after the date on which the information was required from the person shall be guilty of an offence. [15/2014] (4) A person is not excused from giving any information required of the person by subsection (2) on the ground that the disclosure of the information might tend to incriminate the person. [15/2014] (5) Any vehicle used in dumping or disposing of refuse, waste or any other article in any public place (other than a disposal facility established with a waste disposal licence granted by the Director-General under section 23(2) or a public disposal facility) may be seized by any police officer, or any authorised officer, and removed to and detained in any police station or Government depot or other place as may be approved by the Director‑General at the risk of the owner for the purposes of proceedings under this Act. [Act 5 of 2023 wef 01/07/2023] (6) Where, upon an application by the Public Prosecutor, it is proved to the satisfaction of a court that a vehicle seized under subsection (5) has been used in the commission of an offence of dumping or disposing of refuse, waste or any other article in any public place under subsection (1), the court is to make an order for the forfeiture of the vehicle, even though no person may have been convicted of that offence. (7) An order for the forfeiture of a vehicle under subsection (6) may be made by the court before which the prosecution with regard to an offence under subsection (1) has been or will be held. (8) If there is no prosecution with regard to an offence under subsection (1) — ( a ) the vehicle seized under subsection (5) is to be forfeited at the expiry of 3 months from the date of the seizure unless a claim thereto is made before that date; and ( b ) any person asserting that the person is the owner of the vehicle may personally, or by the person’s agent authorised in writing, give written notice to the Director‑General that the person claims the vehicle. (9) Upon receipt of a notice under subsection (8), the Director‑General may direct that the vehicle be released or may refer the matter by information to a Magistrate. (10) The Magistrate is to, on receipt of any information under subsection (9), hold an inquiry and proceed to determine the matter and is to — ( a ) on proof that the vehicle was used in the commission of an offence of dumping or disposing of refuse, waste or any other article in any public place under subsection (1) — order the vehicle to be forfeited; or ( b ) in the absence of such proof — order the vehicle to be released. (11) No person is, in any proceedings in any court in respect of the seizure of any vehicle seized in exercise or the purported exercise of any power conferred under subsection (5), entitled to the costs of such proceedings or to any damages or other relief, other than an order for the return of the vehicle, unless the seizure was made without reasonable or probable cause.


document_id: epha-1987
provision_ref: s21
chapter: PART 3 - PUBLIC CLEANSING
section: 21
title: Notice to attend Court
content:
21. —(1) Any person who commits an offence under section 17, 18, 19 or 20 may be arrested without warrant by any police officer or authorised officer, and taken before a Magistrate’s Court or a District Court (as the case may be), and shall be liable on conviction — ( a ) in the case of an offence under section 20(1), to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $100,000 and to imprisonment for a term of not less than one month and not more than 12 months; ( b ) in the case of an offence under section 17(1)( h ), to a fine not exceeding $5,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both; and ( c ) in the case of any other offence, to a fine not exceeding — (i) in the case of a first conviction, $2,000; (ii) in the case of a second conviction, $4,000; and (iii) in the case of a third or subsequent conviction, $10,000. [15/2014] (2) Despite subsection (1) or any other written law, any police officer or authorised officer who, having effected an arrest in accordance with this section, is satisfied as to the identity, name and place of residence of the person arrested, may, instead of taking that person before a Court or to a police station, serve upon that person a notice in such form as may be prescribed under section 108 requiring the person to attend at the Court described at the hour and on the date specified in the notice. (3) For the purpose of satisfying himself or herself as to the identity of the person arrested, the police officer or authorised officer may require the person to provide any evidence of identity that he or she may consider necessary. (4) A duplicate of the notice mentioned in subsection (2) must be prepared by the police officer or authorised officer (as the case may be) and produced by him or her to a Court, if so required by the Court. (5) On an accused person appearing before a Court pursuant to such a notice, the Court is to take cognizance of the offence alleged and is to proceed as though the accused were produced before it under subsection (1). (6) If a person upon whom a notice under subsection (2) has been served fails to appear before a Court in accordance therewith, the Court is to thereupon issue a warrant for the arrest of that person. (7) Upon a person arrested pursuant to a warrant of arrest issued under subsection (6) being produced before a Court, the Court is to proceed as though the person were produced before it under subsection (1). [Act 31 of 2022 wef 01/11/2022] (8) Upon the conviction of any person under subsection (1), the Director‑General may, in the manner provided in section 89, recover from the person the costs and expenses incurred by the Director‑General in cleaning the public place except that where an offence was committed by any person in the course of his or her employment, the Director‑General may recover the costs and expenses in the manner provided in section 89 from the employer of the person. (9) This section applies, with the necessary modifications, to any person who contravenes any regulations made under this Act in respect of public cleansing.


document_id: epha-1987
provision_ref: s21A
chapter: PART 3 - PUBLIC CLEANSING
section: 21A
title: Corrective work order
content:
21A. —(1) Where a person who is 16 years of age or above is convicted of an offence under section 17 or 19, and if the Court by or before which the person is convicted is satisfied that it is expedient with a view to his or her reformation and the protection of the environment and environmental public health that he or she should be required to perform unpaid work in relation to the cleaning of any premises, the Court is to, in lieu of or in addition to any other order, punishment or sentence and unless it has special reasons for not so doing, make a corrective work order requiring the person to perform that work under the supervision of a supervision officer and in accordance with the provisions of this section and section 21B. (2) The number of hours which a person may be required to work under a corrective work order must be specified in the order and must not in the aggregate exceed 12 hours. (3) Despite section 307(1) of the Criminal Procedure Code 2010, where a Court makes corrective work orders in respect of 2 or more offences of which the offender has been convicted by or before the Court, the Court may direct that the hours of work specified in any of those orders must be concurrent with or additional to the hours specified in any other of those orders, but so that the total number of hours which are not concurrent do not exceed the maximum specified in subsection (2). [15/2010] (4) In making a corrective work order, the Court is to consider the physical and mental condition of the offender and his or her suitability for carrying out the requirements of that order. (5) Before making a corrective work order, the Court is to explain to the offender in ordinary language — ( a ) the purpose and effect of the order and in particular the requirements of the order as specified in section 21B or any regulations made under that section; ( b ) the consequences which may follow under section 21C if the offender fails to comply with any of those requirements; and ( c ) that the Court has under section 21D the power to review the order on the application of the offender or the Director‑General. (6) The Minister may, by order in the Gazette , amend subsection (2) by varying the maximum number of hours for the time being specified in that subsection.


document_id: epha-1987
provision_ref: s21B
chapter: PART 3 - PUBLIC CLEANSING
section: 21B
title: Obligations of person subject to corrective work order
content:
21B. —(1) An offender in respect of whom a corrective work order is in force must — ( a ) report to the supervision officer and subsequently from time to time notify him or her of any change of address; and ( b ) perform for the number of hours specified in the order such work at such places and times and in such manner as the offender may be instructed by the supervision officer. (2) The work required to be performed under a corrective work order must be performed during the period of 12 months beginning with the date of the order; but unless revoked, the order remains in force until the offender has worked under it for the number of hours specified in the order. (3) A supervision officer must not require an offender to work under one or more corrective work orders for a continuous period exceeding 3 hours in a day. (4) The Agency may, with the approval of the Minister, make regulations, not inconsistent with the provisions of this section, to make further provisions for the manner in which a corrective work order may be carried out including the imposition of additional requirements and the service of any instructions or notice on a person in respect of whom that order has been made.


document_id: epha-1987
provision_ref: s21C
chapter: PART 3 - PUBLIC CLEANSING
section: 21C
title: Breach of corrective work order
content:
21C. —(1) If, at any time while a corrective work order is in force in respect of an offender, it appears to the Court on the application of the Director‑General that the offender has failed to comply with any of the requirements of section 21B or any regulations made under that section (including any failure to perform satisfactorily the work which the offender has been instructed to do), the Court may — ( a ) issue a summons requiring the offender to appear before the Court at the place and time specified in the summons; or ( b ) issue a warrant for the arrest of the offender. (2) If it is proved to the satisfaction of the Court that the offender has, without reasonable excuse, failed to comply with any of the requirements of section 21B or any regulations made under that section, the Court may, without prejudice to the continuance of the corrective work order, order the offender to pay a fine not exceeding $5,000 or may commit the offender to imprisonment for a term not exceeding 2 months. (3) A fine or term of imprisonment imposed under this section is deemed to be a fine imposed or a sentence of imprisonment passed on conviction.


document_id: epha-1987
provision_ref: s21D
chapter: PART 3 - PUBLIC CLEANSING
section: 21D
title: Variation and revocation of corrective work order
content:
21D. —(1) Where a corrective work order is in force in respect of any offender and, on the application of the offender or the Director‑General, it appears to the Court that it would be in the interests of justice to do so having regard to circumstances which have arisen since the order was made, the Court may in relation to the order — ( a ) reduce the number of hours of work which has been specified in the order under section 21A(2); or ( b ) extend the period of 12 months mentioned in section 21B(2). (2) Where such an order is in force and on any such application it appears to the Court that, having regard to such circumstances, it would be in the interests of justice that the order should be revoked or that the offender should be dealt with in some other manner for the offence in respect of which the order was made, the Court may revoke the order or revoke it and deal with the offender as if the offender had just been convicted of that offence in any manner in which the offender could have been dealt with for that offence by the Court which made the order had the order not been made.


document_id: epha-1987
provision_ref: s21E
chapter: PART 3 - PUBLIC CLEANSING
section: 21E
title: Interpretation of sections 21 to 21D
content:
21E. In sections 21, 21A, 21B, 21C and 21D — “corrective work order” means a corrective work order made by a Court under section 21A; “Court” means a Magistrate’s Court or a District Court; “offender” means a person who is 16 years of age or above who is convicted of an offence under section 17 or 19; “supervision officer” means an authorised officer or any other person as the Agency may, with the approval of the Minister, by notification in the Gazette , specify to be a supervision officer for the purpose of supervising the performance of work by an offender under a corrective work order.


document_id: epha-1987
provision_ref: s22
chapter: PART 3A - WASTE MANAGEMENT
section: 22
title: Provision of public disposal facilities
content:
22. —(1) The Director-General may — ( a ) provide, acquire, construct and maintain any disposal facility (called in this Act a public disposal facility) for the deposit, disposal and treatment of refuse or waste as he or she may consider necessary; and ( b ) make available the facility to any person upon payment of any fees or charges as may be prescribed. (2) The Director-General may — ( a ) refuse to accept any refuse or waste brought to any public disposal facility without giving any reason; or ( b ) accept refuse or waste of any description or kind upon any terms and conditions that he or she may consider necessary.


document_id: epha-1987
provision_ref: s23
chapter: PART 3A - WASTE MANAGEMENT
section: 23
title: No disposal facility to be constructed, etc., without waste disposal licence
content:
23. —(1) A person must not construct, establish, maintain or operate any disposal facility without a waste disposal licence granted by the Director‑General under this section. (1A) Without limiting section 99(2), an application for the grant or renewal of a waste disposal licence must — ( a ) be in the form and manner specified by the Director-General; ( b ) be accompanied by an application fee, if prescribed; and ( c ) be accompanied by any prescribed information that the Director-General requires to decide on the application, including but not limited to the following: (i) a progressive wage plan for the waste disposal workers that the applicant employs who are citizens or permanent residents of Singapore, that complies with the prescribed requirements; (ii) evidence that such proportion of the waste disposal workers that the applicant employs, have attended such training and at such frequency, as the Director-General may specify. [Act 5 of 2023 wef 01/07/2023] (1B) The Director-General may refuse to consider an application that is incomplete or not made in accordance with subsection (1A). [Act 5 of 2023 wef 01/07/2023] (2) The Director‑General may grant a waste disposal licence authorising any person to construct, establish, maintain or operate any disposal facility. [Act 5 of 2023 wef 01/07/2023] (3) A waste disposal licence may be granted under this section following a public tender or in any other manner that the Director‑General thinks fit. [Act 5 of 2023 wef 01/07/2023] (3A) The Director-General may subdivide waste disposal licences into classes, such as according to the type of waste that may be received, stored, sorted, treated or processed at the disposal facility maintained or operated by the waste disposal licensee, and may grant or renew a waste disposal licence accordingly for one or more such classes. [Act 5 of 2023 wef 01/07/2023] (4) Except as otherwise prescribed under section 99(9), the Director‑General may require any waste disposal licensee to render a payment on the grant of a waste disposal licence under this section or such periodic payments during the currency of the waste disposal licence or both of such amount or amounts as the Director‑General may determine by or under the waste disposal licence. [Act 5 of 2023 wef 01/07/2023] (5) Without limiting section 99(1), conditions attached to a waste disposal licence granted under this section may include — ( a ) a condition requiring the waste disposal licensee to comply with any standard of service and level of performance that the Director‑General may specify; [Act 5 of 2023 wef 01/07/2023] ( b ) [ Deleted by Act 5 of 2023 wef 01/07/2023 ] ( c ) a condition regulating the charge to be levied by the waste disposal licensee for the provision of the waste disposal facility; and [Act 5 of 2023 wef 01/07/2023] ( d ) a condition requiring the waste disposal licensee not to accept any waste which in the opinion of the Director‑General is not suitable for disposal. [Act 5 of 2023 wef 01/07/2023] [Act 5 of 2023 wef 01/07/2023] (5A) The Director-General may — ( a ) under section 99(1)( c ), impose different conditions for different classes of waste disposal licences or waste disposal licensees under different circumstances; and ( b ) despite section 99(13), modify any condition or add any new condition during the period to which a waste disposal licence relates, if the Director-General is satisfied that it is in the public interest to do so, except that any such condition or modification must not be inconsistent with any prescribed condition referred to in section 23A(1) or (2). [Act 5 of 2023 wef 01/07/2023] (6) The Director-General may by written notice require any owner or occupier of any work place to construct, establish, maintain or operate any disposal facility. (7) Any person using, working or operating a disposal facility must use, work or operate the disposal facility in any manner that the Director‑General may require. (8) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both. (9) If in any proceedings for a contravention of subsection (1) it is shown that any premises are being used as a disposal facility, it is presumed, until the contrary is proved, that the occupier of the premises has constructed, established, maintained or operated the disposal facility. [Act 5 of 2023 wef 01/07/2023]


