2.　Important Laws Pick Up

　　重要法令ピックアップ

Ministry of Manpower to strengthen protections for platform workers (not legislation)

On 23 November 2022, the Singapore Ministry of Manpower published an announcement stating that they accept all 12 recommendations by the Advisory Committee on Platform Workers, at the same time also confirming that Platform Workers are not employees.

Platform workers refer to delivery workers, private-hire car drivers and taxi drivers who use online platforms to match with customers to provide delivery and transport services.

The Advisory Committee on Platform Workers was convened in September 2021 to look into strengthening protections for Platform Workers in financial protection in case of work injury, and improving housing and retirement adequacy and representation.

The recommendations include providing the same scope and level of work injury compensation as employees’ entitlement under the Work Injury Compensation Act 2019, the Platform Companies (employers of the Platform Workers) to provide Central Provident Fund (CPF) contributions at the same rates as employers, Platform Workers to provide different CPF rates according to their age and grant Platform Workers the right to seek formal representation through a new representation framework which will allow them to organise and register themselves with MOM as new representative bodies.

Changes to legislation will need to be made and the Government expects to implement the recommendations in the later part of 2024 at the earliest.

What foreign companies should do?

Although the changes have yet to be reflected in the law, companies that may quality of Platform Companies shall be prepared for these changes to be implemented in the coming year.

State Lands Protection Act 2022

The State Lands Protection Act 2022 (“Act”) received the President assent on 27 December 2022 and will  

comes into operation on a date that the Minister appoints by notification in the Gazette. This Act provides for the protection of State lands and repeals the State Lands Encroachments Act 1883.

Some key amendments of this Act are,

– Updated definition of the word “structure”, now any structure constructed on, under or over the State Land, including any works for the reclamation of land may amount to an encroachment

– Increased penalties, for anyone found to be liable for unauthorised activities, the penalties are a maximum fine of $50,000 or imprisonment for a term not exceeding 6 months or both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction. For repeated offenders convicted of depositing or leaving on State land any waste, goods or any other thing, they may be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both.

– Additional punishments upon conviction like monetary compensation may be ordered for loss or damage suffered by the Government due to the offence, for example, the costs and expenses incurred in fixing the damage caused or the loss incurred by an electricity licensee or a gas licensee to discontinue the supply of electricity, gas or water.

– Resumption of land, previously, land abandoned for three years or more is forfeited to the State if no claim is established within six months from the date of a gazette. The claim period is now reduced to three months to expedite the process, and there will no longer be a requirement for a physical notice of the declaration to be posted on the land. Instead, the notice will be published in the major local newspapers to ensure that there will still be adequate publicity of the fact.

What foreign companies should do? 

It is important to note that enforcement agencies are now equipped with wider power and the penalties under the State Land Protection Act 2022 have been raised, care shall be taken not to encroach or damage the State Land.