Seven Employers Charged for Employment Act Violations

Seven employers were charged in the Subordinate Courts today for violations of the Employment Act. They face charges for failing to pay salaries to their employees, unauthorised salary deductions, excessive working hours and failure to provide statutory employment benefits. The full list of employers and the charges they face is at Annex A.

Brief Facts of the Cases

King's Security and Safety Management Pte Ltd
2.   The Ministry of Manpower (MOM) conducted an inspection at King's Security and Safety Management Pte Ltd in March 08 and found that between November 2007 and March 2008, the company had deployed four security officers to work beyond 12 hours a day and beyond 72 hours of overtime a month without MOM's authorisation. The company and its Managing Director, Tiruchelvam S/O Sinnadurai, each faces 84 charges under the Employment Act.

Sun City Maintenance Pte Ltd
3.   In December 2008, MOM initiated an investigation into Sun City Maintenance Pte Ltd. Investigations revealed that the company had deployed two workers to work more than 12 hours a day on several occasions from October to December 2008. The company had also failed to provide eight workers with an extra day's salary for work done on a public holiday. The company and its Managing Director, Swee Peng Koon, each faces 48 charges under the Employment Act.

Other Cases Charged in Court

4.   Besides the seven employers, another 17 employers were also earlier charged for Employment Act violations and are pending further court mentions. The details are at Annex B. One of the companies, Noble Traders Pte Ltd and its director are facing a total of 35 charges each for repeatedly defaulting salary payment and paying up only upon MOM's intervention.

MOM will not hesitate to prosecute employers for Employment Act violations
5.   Mr Quek Jen Juan, Deputy Director of the Labour Relations & Workplaces Division says, “The vast majority of employers in Singapore are responsible and comply with our employment laws. When MOM contacts employers in relation to any complaints received, employers by and large respond readily and quickly to correct any problems identified. This bears testament to the strong tripartite system here in Singapore. Unfortunately, a minority of employers still ignore efforts by MOM to adjudicate by persistently flouting orders issued by the Labour Court, or displaying a complete disregard of our employment laws. Such recalcitrant employers will be prosecuted under the Employment Act.”

6.   It is an offence under the Employment Act for an employer not to pay salary for work done within 7 days after the salary period, or within 3 days from the termination of the contract of service. Failure to provide statutory employment benefits such as annual leave, rest days and sick leave in accordance with the law are also violations under the Employment Act. It is also an offence to deploy employees to perform work exceeding 12 hours per day or beyond 72 hours of overtime work in a month.

7.   If employers have to adopt shift hours that exceed this norm, they should apply to MOM for authorisation to do so. The criteria for exemption are (i) obtain the consent of employees in extending their overtime hours, (ii) comply with other Employment Act provisions, (iii) have a good track record for maintaining both safety and health as well as employment standards, and (iv) secure the agreement of the unions in the company (if any). MOM will evaluate applications, taking into account all the relevant circumstances.

8.   Under the Employment Act, a first-time offender is liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or both. For any subsequent offence, an offender shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding one year or both.  

Annex A

List of Companies and Persons Charged on 14 May 2009

Annex B

Other Cases In Court