工资支付(Payment of Wages)2023-1955年劳工法令

 


1955年劳工法令

第三章 工资支付

第18条文(工资期)

(1)任何一份服务契约必须注明为期不超过一个月之工资期。

(2)如果服务契约没有注明工资期, 对该契约而言, 工资期即是一个月。

第18A条文(工作未满整个月的工资计算)

尽管第60i条文另有规定,以下未完成整个月服务的月薪雇员:

(a)当他的就业在该月第一天之后才开始的;

(b)当他的就业在该月结束前就终止了;

(c)当他在该月拿无薪假一天或多天; 或

(d)他因1952年国民服务法令下被应征入伍,2003年国民服务训练法令下要求接受国民服务训练,或遵守与国民服务相关的任何其他法律规定而请假。

其当月工资应按下列公式计算:

月薪/工资期的天数x工资期内符合资格的天数。

第19条文(工资支付日期)

(1)除第(2)条款另有规定外,每位雇主必须在工资期候不迟过第七天内, 将该资期内雇员所赚取的工资, 减了合法除扣后, 付给雇员:

(2)在休息日、第60D(1)(a)和(b)款的假期以及第60A条文的超时工作的工资,必须在下一个工资期结算之前付给雇员;

(3)尽管第(1)和(2)条款另有规定,如果总监认为在此日期之间内发工资不适当, 他可以在雇主向他申请后. 由他延迟几天。

第20条文(正常终止契约之付给)

当雇员的服务契约依照11(1)条节或在12条终止时, 他所赚到但还未付给的工资, 在减了合法扣除后, 必须在契约终止当天支付给雇员。

第21条文(特别情形终止契约和违背契约之付给)

(1)当雇主在13(1)或(2)条和14(1)(a)条下, 以无通知而终止一位雇员的服务契约时:

(a)雇员在契约终止前, 包括终止生效前一天所赚到的工资, 减了雇主有权在第24节扣除的事项之后, 和

(b)除此之外, 雇主在13(1)条终止服务契约所给的赔偿, 必须在不迟过契约终止当天付给雇员。

(2)当雇员在第13(1)或(2)条或第14(3)条终止其跟雇主之服务契约时, 雇主必须把雇员的工资, 包括终止契约前一天所赚的工资, 减了雇主在第24条有权扣除的事项之后, 在不迟过契约终止的第三天, 付给雇员。

第22条文(雇员预支限度)

(1)雇主不可以在任何一个月中预支给雇员总数超过上一个月他跟雇主工作所赚取的工资, 或如果他工作未满一个月, 不可以超过他在该月中能够赚取的工资, 除非给雇员的预支是:

(a)使他能够购买房屋, 建造或改良房屋;

(b)使他能够购买土地;

(c)-废除-

(d)使他能够购买汽车, 电单车, 脚踏车;

(da)使他能够购买雇主要约售卖他的生意股份;

(db)使他能够购买电脑

(dc)使他能够支付自己或他的直系亲属的医疗费用;

(dd)使他能够在[1969年雇员社会保险法令]下,未收到临时无工作能力款项之前支付日常费用;

(de)使他能够支付自己或他的直系亲属的教育费用;

(e)其他用途由于;

(i)雇主向总监以书面方式申请者;

(ii)总监认为对雇员有利, 和

(iii)总监以书面方式批准者. 不过, 总监可以修改, 或附加他认为合理的条件。

(f)对其他用途而言, 部长可以时不时在宪报注明, 用途是向所有雇员施行, 或是向某一些, 某一级, 某一种, 或某一样的雇员施行.

(2)就本条文而言,直系亲属意指:雇员的父母、配偶、子女、兄弟姐妹或者受雇员监护的其他人。

第23条文(因受监禁,上法庭而旷工, 不用付给工资)

在雇员坐监, 扣留, 来回监牢, 或来回扣留地点, 或来回法庭的一段时间, 雇主不用付给工资, 同时, 雇员不能向雇主索取工资, 除非上法庭是为雇主作证人。

补充:

第19条文所提到“不迟过第七天内付给雇员”,并非规定每个月的7号,而是指结算工资后的7天内。

列子:A公司结算工资的日期是1月16日至2月15日,那A公司必须不迟过2月22日支付工资。

以上中文翻译版仅限参考用途,若中英文版本出现差异,应以英文版本为标准。

EMPLOYMENT ACT 1955

PART III PAYMENT OF WAGES

Section 18. Wage period

(1) A contract of service shall specify a wage period not exceeding one month.

(2) If in any contract of service no wage period is specified the wage period shall for the purposes of the contract be deemed to be one month.

Section 18A. Calculation of wages for incomplete month’s work

Notwithstanding section 60i, an employee who is employed on a monthly rate of pay and has not completed a whole month of service—

(a) where he commenced employment after the first day of the month;

(b) where his employment was terminated before the end of the month;

(c) where he took leave of absence without pay for one or more days of the month; or

(d) where he took leave of absence by reason of having been called up for national service under the National Service Act 1952 [Act 425], to present himself for national service training as required under the National Service Training Act 2003 [Act 628] or to comply with any other written law relating to national service,

shall be paid wages due to him for that month calculated according to the following formula:

Monthly wages / Number of days of the particular wage period x Number of days eligible in the wage period

Section 19. Time of payment of wages

(1) Subject to subsection (2), every employer shall pay to each of his employees not later than the seventh day after the last day of any wage period the wages, less lawful deductions earned by such employee during such wage period.

(2) Wages for work done on a rest day, gazetted public holiday referred to in paragraphs 60D(1)(a) and (b) and overtime referred to in section 60A shall be paid not later than the last day of the next wage period.

(3) Notwithstanding subsections (1) and (2), if the Director General is satisfied that payment within such time is not reasonably practicable, he may, on the application of the employer, extend the time of payment by such number of days as he thinks fit.

Section 20. Payment on normal termination of contract

The wages, less lawful deductions, earned by but not yet paid to an employee whose contract of service terminates in accordance with subsection 11(1) or of section 12 shall be paid to such employee not later than the day on which such contract of service so terminates.

Section 21. Payment on termination of contract in special circumstances and on breach of contract

(1) Where an employer terminates the contract of service of an employee without notice in accordance with subsection 13(1) or (2) and paragraph 14(1)(a)—

(a) the wages, less any deductions which the employer is entitled to make under section 24, earned by such employee up to and including the day immediately preceding the day on which the termination of the contract of service takes effect; and

(b) in addition, where the employer terminates the contract of service under subsection 13(1), the indemnity payable to the employee under that subsection,

shall be paid by the employer to the employee not later than the day on which such contract of service is so terminated.

(2) Where an employee terminates his contract of service with an employer without notice in accordance with subsection 13(1) or (2) or subsection 14(3), the wages, less any deductions which the employer is entitled to make under section 24, earned by such employee up to and including the day immediately preceding the day on which the termination of the contract of service takes effect shall be paid by the employer to the employee not later than the third day after the day on which the contract of service is so terminated.

Section 22. Limitation on advances to employees

(1) No employer shall during any one month make to an employee an advance or advances of wages not already earned by such employee which exceeds in the aggregate the amount of wages which the employee earned in the preceding month from his employment with such employer, or if he has not been so long in the employment of such employer, the amount which he is likely to earn in such employment during one month, unless such advance is made to the employee—

(a) to enable him to purchase a house or to build or improve a house;

(b) to enable him to purchase land;

(c) (Deleted by Act A1419);

(d) to enable him to purchase a motorcar, a motorcycle or a bicycle;

(da) to enable him to purchase shares of the employer’s business offered for sale by the employer;

(db) to enable him to purchase a computer;

(dc) to enable him to pay for medical expenses for himself or his immediate family members;

(dd) to enable him to pay for daily expenses pending receipt of any periodical payments for temporary disablement under the Employees’ Social Security Act 1969 [Act 4];

(de) to enable him to pay for educational expenses for himself or his immediate family members;

(e) for any other purpose—

(i) in respect of which an application in writing is made by the employer to the Director General;

(ii) which is, in the opinion of the Director General, beneficial to the employee; and

(iii) which is approved in writing by the Director General, provided that in granting such approval, the Director General may make such modifications thereto or impose such conditions thereon as he may deem proper;

(f) for such other purpose as the Minister may, from time to time, by notification in the Gazette, specify either generally in respect of all employees, or only in respect of any particular employee, or any class, category or description of employees.

(2) For the purposes of this section, ―immediate family members‖ means the employees’ parents, spouse, children, siblings or any other person under the employee’s guardianship.

Section 23. Wages not due for absence from work through imprisonment or attendance in court

Wages shall not become payable to or recoverable by any employee from his employer for or on account of the term of any sentence of imprisonment undergone by him or for any period spent by him in custody or for or on account of any period spent by him in going to or returning from prison or other place of custody or for or on account of any period spent by him in going to, attending before or returning from a court otherwise than as a witness on his employer’s behalf.

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