BH3301 – Employment Law

Seminar 6 Teaching Notes - Statutory Implied Terms I

Q1

(a) Maritime ship pilot earning $4,500 pm

(i) Whether Tan is a statutory employee under s 2(1) and whether he would
be excluded under the “seafarer” proviso

Whether Tan is a “seafarer”

No, if he is:
 a pilot; or
 works on a ship in port; or
 Harbour craft or pleasure craft under s 41 Maritime and Port
Authority of Singapore Act
Note the geographical limitation, which defines ‘port’, so that
the exception only applies to pilots and other ship workers
working within the jurisdiction of Singapore
(ii) Whether Tan is a ‘workman’ under s 2(1)
Category A – skilled or unskilled manual labour
Category B – operation of mechanically propelled vehicles (ship) for
the transportation of passengers for hire/commercial purposes

Tan is likely to be a specific statutory employee entitled to general EA

protection, and Part IV as well (within $4,500 salary threshold)

(b) Secretary earning $2,800 pm

Whether Ah Lian is a statutory employee under s 2(1)
Unlikely to hold a ‘managerial or an executive position’ (BUT, still worth
verifying)

Salary: $2,800 but excludes “any allowance however described”: s 35 (b)

$50 taxi allowance
$50 meal allowance
$100 housing rental allowance
Effectively, Ah Lian’s salary is $2,600

Ah Lian is likely to be a specific statutory employee entitled to general EA

protection, and Part IV as well (within $2,600 salary threshold)

(c) Expatriate HR manager earning $4,500 is an employee within EA

Yes. He is entitled to general protection under EA(core benefits) but not Part
IV.

(d) Cleaner providing ad hoc housekeeping services, earning $1,000 pm

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 Whether Lara is regarded as a ‘domestic worker’ for purposes of the definition
of ‘employee’ under s 2(1) – ‘house servant’
That depends on whether she is employed:
 In the domestic services of any private premises [OED defines
‘domestic’ as ‘relating to the running of a home or to family
relations’]; or
 In connection with the domestic services of any private
premises
 Should there be a ‘familial’ relationship between the worker
and the homeowner?

Whether Lara is a ‘workman’ under s 2(1)

Skilled or unskilled engaged in manual labour but excludes domestic
worker: Category A
Category D  First Schedule  Cleaner (Item 1)

Difficult question.

(e) Gardener employed by MC of private condo, earning $4,500

Whether Lim is regarded as a ‘domestic worker’ for purposes of the definition
of ‘employee’ under s 2(1) – ‘garden servant’
That depends on whether he is employed:
 In the domestic services of any private premises; or
 In connection with the domestic services of any private
premises [Did Parliament mean domestic services of ‘a’ rather
than ‘any’ private premises?]
 As in Lourdes’ case, should there be a ‘familial’ relationship
between the worker and the homeowner?

Whether Lim is a ‘workman’ under s 2(1)

Skilled or unskilled engaged in manual labour but excludes ‘domestic
worker’: Category A
Category D  First Schedule  Labourer (Item 3)

Difficult question.

(f) SMRT platform supervisor earning $4,500 pm

Whether Tom is a ‘workman’ under s 2(1):
 Skilled or unskilled, engaged in manual labour: Category A
 Partly manual labour, partly supervisory (deemed workman
unless manual part less than half total work time): Category C
 Category D  First Schedule  Train inspector (Item 6)

Discuss.

(g) Chaffeur earning $4,500

Whether Raju is a ‘domestic worker’ (and thus excluded under EA altogether)

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 This depends on whether he is a ‘motor car driver employed in or in
connection with the domestic services of any private premises”: definition of
‘domestic worker’ under s 2(1)
On the facts, he seems to have been employed by the Embassy rather than the
Ambassador

Discuss.

(h) Biz graduate under Junior Management Programme, earning $3,500 pm

Yes. The EA now covers all PMEs regardless of salary.

Q2

© Assoc Prof Dennis Ong

February 2020