In forceUpdated to 1 Aug 2023

Contents

Employment Act 1955 · Updated to 1 Aug 2023 · Part XIII · Registers, Returns and Notice Boards

63. Duty to submit returns

(1)

The Director General may, by notification in the Gazette or by notice in writing require every employer or such class or classes of employers as may be specified, and every owner or occupier of land upon which employees are employed or such class or classes of owners or occupiers as may be specified, to forward to the Director General at such times as he may direct a return or returns, in such form or forms as he may prescribe, giving such particulars relating to the employees of the employers, or to the employees employed on the land, as may be prescribed.

Employment 71

(2)

Notwithstanding the provisions of this Act, the powers of the Director General under subsection (1) extends to every employee employed under a contract of service irrespective of the monthly wages of the employee.

Duty to give notice and other information 63a. (1) Any person or employer who proposes—

(a)

to operate any agricultural or industrial undertaking or any establishment where any commerce, trade, profession or business of any description is carried on; or

(b)

to take over or commence business in such undertaking or establishment; or

(c)

to change the name or the location of such undertaking or establishment, in which any employee is employed or is likely to be employed shall, within ninety days of such commencing of operation, taking over or commencing of business, or changing the name or the location of the undertaking or establishment, as the case may be, give notice in writing thereof to the nearest office of the

Director of Labour having jurisdiction for the area in which that undertaking or establishment is located and furnish such office of the Director of Labour with—

(i)

the registered name, address and nature of business of;

(ii)

the name of the manager or person in charge of; and

(iii)

a statement of the categories and total number of employees employed in, that undertaking or establishment.

(1a)

For the purposes of this section the expressions “commencing of operation” and “commencing of business” each means the date on which the undertaking or establishment is registered under any written law, or the date on which the first employee is employed in furtherance of the operation, commerce, trade or business of such undertaking or establishment, whichever is earlier.

(2)

Where any undertaking or establishment as is referred to in subsection (1) is already in operation or has commenced business, such notice shall be given within ninety days of the coming into force of this section.

(3)

Any person or employer who fails to give notice as required by this section or gives such notice containing any false particulars commits an offence.

Terms defined in s 2

contract of service
Defined · s 2
“contract of service” means any agreement, whether oral or in writing and whether express or implied, whereby one person agrees to employ another as an employee and that other agrees to serve his employer as an employee and includes an apprenticeship contract;
Open s 2
Director General
Defined · s 2
“Director General” means the Director General of Labour appointed under subsection 3(1);
Open s 2
employee
Defined · s 2
“employee” means any person or class of persons— (a) included in any category in the First Schedule to the extent specified therein; or (b) in respect of whom the Minister makes an order under subsection (3) or section 2a;
Open s 2
employer
Defined · s 2
“employer” means any person who has entered into a contract of service to employ any other person as an employee and includes the agent, manager or factor of such first mentioned person, and the word “employ”, with its grammatical variations and cognate expressions, shall be construed accordingly;
Open s 2
industrial undertaking
Defined · s 2
“industrial undertaking” includes— (a) disturbing, removing, carting, carrying, washing, sifting, melting, refining, crushing or otherwise dealing with any rock, stone, gravel, clay, sand, soil, night-soil or mineral by any mode or method whatever; (b) industries in which articles are manufactured, altered, cleaned, repaired, ornamented, finished, adapted for sale, packed or otherwise prepared for delivery, broken up, or demolished, or in which materials are transformed or minerals treated, including shipbuilding and the generation, transformation and transmission of electricity or motive power of any kind; (c) constructional work; (d) transport of passengers or goods by road, rail, water or air, including the handling of goods at docks, quays, wharves, warehouses or airports; (e) any industry, establishment or undertaking, or any activity, service or work, declared under subsection (5) to be an industrial undertaking;
Open s 2
wages
Defined · s 2
“wages” means basic wages and all other payments in cash payable to an employee for work done in respect of his contract of service but does not include— (a) the value of any house accommodation or the supply of any food, fuel, light or water or medical attendance, or of any approved amenity or approved service; (b) any contribution paid by the employer on his own account to any pension fund, provident fund, superannuation scheme, retrenchment, termination, lay-off or retirement scheme, thrift scheme or any other fund or scheme established for the benefit or welfare of the employee; (c) any travelling allowance or the value of any traveling concession; (d) any sum payable to the employee to defray special expenses entailed on him by the nature of his employment; (e) any gratuity payable on discharge or retirement; or (f) any annual bonus or any part of any annual bonus;
Open s 2

Report

Read on from s 64

Part XIV

Inspection

Read on from Part XIV

Part XV

Complaints and Inquiries

Read on from Part XV

Part XVI

Procedure

Read on from Part XVI

Part XVII

Read on from Part XVII

Part XVIII

Regulations

Read on from Part XVIII

Part XIX

Repeal and Saving

Read on from Part XIX