SINGAPORE LEGISLATION
| Author | CHARLES LIM AENG CHENG |
| Citation | (1996) 8 SAcLJ 267 |
| Published date | 01 December 1996 |
| Date | 01 December 1996 |
DIGEST OF ACTS PASSED BETWEEN OCTOBER 1995 AND APRIL 1996
IN ALPHABETICAL ORDER
(correct as at 30th April 1996)
Long Title: An Act to amend the Commercial and Industrial Security Corporation Act (Chapter 47 of the 1985 Revised Edition).
Passed by Parliament on: 27th February 1996.
Assented to by President on: 12th March 1996.
Publication date: 3rd May 1996.
Commencement date: 1st June 1996 vide S194/96.
Summary: This Act amends the Commercial and Industrial Security Corporation Act. The following are some of the more significant provisions of the Act.
Section 4 re-enacts with amendments section 7 of the principal Act which deals with the functions and powers of the Corporation. The new section 7 enlarges the existing functions of the Corporation and gives it additional powers for the carrying out of those functions. Section 5 inserts a new section 8A to the principal Act which empowers the Minister to give directions to the Corporation as the exercise and performance by the Corporation of its functions and powers. Section 6 re-enacts with amendments section 9 which provides for the appointment of the chief executive officer of the Corporation. Section 7 re-enacts a new section 12 which authorises the Corporation to establish an auxiliary police force for the purpose of carrying out its functions under the Act. The new section also makes provisions relating to the auxiliary police force and for matters connected therewith. Section 9 inserts a new section 22A which gives the Corporation the exclusive right to the use of the word “CISCO” and the symbols adopted by the Corporation.
Comments: These amendments are more to facilitate the administration of CISCO.
Long Title: An Act to amend the Criminal Procedure Code (Chapter 68 of the 1985 Revised Edition).
Passed by Parliament on: 1st November 1995.
Assented to by President on: 18th November 1995.
Publication date: 24th November 1995.
Commencement date: 2nd January 1996 vide S555/95.
Summary: This Act amends the Criminal Procedure Code to provide —
(a) for the giving of evidence by a person, other than an accused person, through live video or live television links in specified circumstances; and
(b) for an accused person on remand to appear before a court through live video or live television links in specified circumstances.
The court must not make an order for the giving of evidence through live video or live television links if to do so would be inconsistent with the court’s duty to ensure that the proceedings are conducted fairly.
Comments: The new section 364A is restricted to criminal proceedings and witnesses in Singapore. Section 62A of the Evidence Act is the parrallel provision for civil proceedings.
Related Legislation: This new section was modeled after ss 24, 25 and 26 of the NZ Evidence and Procedure Act 1994, section 32 of the UK Criminal Justice Act 1988 and the Australian Law Commission’s Evidence (Closed Circuit TV) Bill 1992.
Long Title: An Act to amend the Employment Act (Chapter 91 of the 1985 Revised Edition) and to make related amendments to the Industrial Relations Act (Chapter 136 of the 1985 Revised Edition).
Passed by Parliament on: 1st November 1995.
Assented to by President on: 18th November 1995.
Publication date: 15th December 1995.
Commencement date: 1st March 1996 vide S557/95.
Summary: This Act amends the Employment Act for the following purposes:
(a) to set out the effects of a transfer of an undertaking on contracts of service of employees employed by the transferor of the undertaking;
(b) to empower the Minister to modify or exclude the provisions of Part IV of the Act in relation to part-time employees;
(c) to streamline the basis on which pay is to be calculated and to establish 2 new bases of calculation for rate of pay, that is —
(i) gross rate of pay (which is the rate of pay based on remuneration including all allowances except specified allowances); and
(ii) basic rate of pay (which is the rate of pay based on remuneration excluding allowances);
(d) to provide that —
(i) pay in lieu of notice of termination, for deduction of pay for absence from work, for paid holidays and paid leave, for sick leave where hospitalisation is necessary and for purposes of maternity benefits, shall be calculated at the gross rate of pay;
(ii) pay for work on a rest day or on a holiday and for overtime work shall be calculated at the basic rate of pay; and
(iii) pay for sick leave where no hospitalisation is necessary shall be calculated at the gross rate of pay excluding allowances payable in respect of shift work;
(e) to provide a formula for calculating salary for an incomplete month’s work;
(f) to empower the Minister to exempt employees from the maximum hours of work prescribed in the Act;
(g) to empower the Minister to deal more effectively with a complaint by a female employee who is served with a notice of dismissal without sufficient cause within a period of 3 months before her confinement;
(h) to provide for better recovery of moneys payable by employers to employees in certain circumstances;
(i) to remove the limitation on the power of the Commissioner to enquire into complaints based on the employee’s salary;
(j) to extend the powers of inspection and enquiry of the Commissioner and inspecting officers;
(k) to prescribe new conditions for eligibility for sick leave and annual leave; and
(l) to make it clear that the provisions of the Act give effect to the Minimum Age (Industry) Convention, 1919.
The Act also makes related amendments to the Industrial Relations Act to provide —
(a) that disputes arising from or connected with a transfer of employment pursuant to a transfer of an undertaking under section 18A of the Employment Act may be the subject-matter for collective bargaining and arbitration under the Industrial Relations Act; and
(b) that awards determining trade disputes and collective agreements that are binding on the transferor of an undertaking are binding on the transferee of that undertaking.
Comments: This Act implements the recommendations of the tripartite committee set up to review the Employment Act. It is the first major review of the Employment Act since 1984 and 1988. The calculation of allowances and overtime pay in the Part IV of the Act has been substantially changed.
Long Title: An Act to amend the Employment of Foreign Workers Act (Chapter 91A of the 1991 Revised Edition).
Passed by Parliament on: 1st November 1995.
Assented to by President on: 18th November 1995.
Publication date: 2nd February 1996.
Commencement date: 1st March 1996 vide S72/96.
Summary: This Act amends the Employment of Foreign Workers Act to provide further measures against the employment of illegal foreign workers, in particular at construction sites. The following are some of the more significant provisions of the Act. Section 3 amends section 5 of the principal Act to deny the employer of an illegal foreign worker the defence that he did not know that the worker was a foreigner unless he proves that he had exercised due diligence to ascertain his nationality and to limit the application of subsection (8) to sub-section (4) (b). The section also introduces a penalty for a body corporate which is convicted of the second or subsequent offence of employing an illegal foreign worker. The penalty is a fine of not less than 48 months’ levy and not more than 96 months’ levy.
Section 4 re-enacts section 6 to provide a rebuttable presumption that a foreigner found at any premises is employed by the occupier of the premises. The section also inserts a new section 6A to make the occupier of a work place who has control of access responsible for illegal foreign workers found at the work place. No occupier of a work place shall permit any foreigner without a valid work permit to enter or remain at the work place. Where a foreigner without a valid work permit is found at a work place, the occupier of the work place would be presumed to have control of access to the premises, to have permitted the foreigner to enter or remain at the work place and to have knowledge that the foreigner did not have a valid work permit unless the occupier can prove that he 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 or permanent resident of Singapore; or
(c) to ascertain that the foreigner had a valid work permit.
For the purpose of paragraph (a), the occupier of a work place shall not be deemed to have exercised due diligence unless he had taken all reasonable measures to prevent any foreigner from entering or remaining at the work place and has complied with all the security measures in respect of the work place prescribed by the Minister.
Section 8 inserts new sections 16A, 16B, 16C and 16D. The new section 16A requires every employer to inform the Controller of any change in his address. An employer need not so inform the Controller if he has reported the change of address under the National Registration Act, the Companies Act or the Business Registration Act. The new section 16B deals with the service of any notice, order or document under the Act. The new section 16C confers immunity from suit on the Controller and any officer or person acting under his discretion for anything done under the Act in good faith. The new section 16D relates to offences committed by a body corporate.
Comments:This Act amends the Employment of Foreign Workers Act to provide further measures against...
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