PART 3 | PLATFORM WORK ASSOCIATIONS |
| Interpretation of this Part |
19. In this Part —| “delegate”, in relation to a platform work association, means a person who is elected or appointed in accordance with the rules of the platform work association to attend and vote at a meeting of the platform work association on behalf of any number of members of the platform work association; |
| “executive” means the body, by whatever name called, to which the management of the affairs of a platform work association or any branch of a platform work association is entrusted; |
| “industrial action” means the adoption, in furtherance of a work dispute, of any practice, procedure or method in the provision of a platform service which would result in the limitation or restriction in the performance of tasks by platform workers in relation to the provision of that platform service; |
“lockout” means —| (a) | the suspension or termination by a platform operator of the right or ability of any number of platform workers to obtain tasks assigned or facilitated by the platform operator; or | | (b) | the refusal of a platform operator to assign tasks to, or facilitate tasks for, any number of platform workers, |
| in consequence of a work dispute, where the suspension, termination or refusal (as the case may be) is with a view to — |
| (c) | compelling those platform workers to accept terms or conditions of, or affecting the provision of, any platform service by those platform workers for that platform operator; or | | (d) | aiding another platform operator in compelling platform workers of that platform operator to accept terms or conditions of, or affecting the provision of, any platform service by those platform workers for the other platform operator; |
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“officer”, in relation to a platform work association —| (a) | includes any member of the executive of the platform work association and any member of any committee, provision for which is made in the rules of the platform work association; but | | (b) | does not include an auditor; |
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“platform work association” means any association or combination of platform workers or platform operators, whether temporary or permanent, whose principal object is to regulate relations between platform workers and platform operators for all or any of the following purposes:| (a) | to promote good industrial relations between platform workers and platform operators; | | (b) | to improve the working conditions of platform workers or enhance their economic and social status; | | (c) | to achieve the raising of productivity for the benefit of platform workers, platform operators and the economy of Singapore; |
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| “Register” means the register of platform work associations kept and maintained by the Registrar under section 21; |
| “registered office” means the office of a platform work association which is registered under this Part as the head office of the platform work association; |
| “registered platform work association” means a platform work association registered under this Part; |
| “Registrar” means the Registrar of Platform Work Associations appointed under section 20(1)(a) and includes any Assistant Registrar of Platform Work Associations appointed under section 20(1)(b); |
“requisite consent”, in relation to a platform work association, means the consent, obtained by secret ballot, of —| (a) | the majority of the members of the platform work association voting on their own behalf on the matter for which consent is sought; or | | (b) | where the rules of the platform work association allow or require a decision on that matter to be taken by means of voting by delegates and the decision is taken using that means — two‑thirds of the total number of delegates representing the members; |
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“strike” means —| (a) | the cessation of the provision of a platform service by a body of platform workers providing that platform service acting in combination; or | | (b) | a concerted refusal, or a refusal under a common understanding, of any number of platform workers who are or have been providing a platform service for a platform operator to continue to do so or to accept tasks to provide that platform service allocated or facilitated by a platform operator, |
| where the cessation or refusal (as the case may be) is in furtherance of a work dispute; |
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“work dispute” means any dispute between platform workers and one or more platform operators, between platform workers or between platform operators, which is connected with —| (a) | whether a person is engaged or otherwise allowed to provide any platform service for a platform operator; or | | (b) | the terms under which or the conditions in which a platform worker provides a platform service. |
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| Appointment of Registrar, etc. |
20.—(1) The Minister may appoint, from public officers —| (a) | a Registrar of Platform Work Associations; and | | (b) | one or more Assistant Registrars of Platform Work Associations. |
| (2) The Registrar is responsible for the administration of this Part, and may exercise all the powers and perform all the duties and functions of the Registrar under this Part, subject to any general or special directions of the Minister. |
| (3) An Assistant Registrar of Platform Work Associations may exercise all the powers and perform all the duties and functions of the Registrar under any provision of this Part, subject to any condition or limitation that the Registrar may specify. |
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| Register of platform work associations |
21.—(1) The Registrar must keep and maintain a register of platform work associations which must contain the prescribed particulars of each registered platform work association.| (2) The Register may be kept, in whole or in part, in an electronic form. |
| (3) The Registrar may require an officer or a member of a registered platform work association to produce any document or provide any information as the Registrar may require for the purposes of maintaining the Register. |
| (4) A certified copy of any entry in the Register is conclusive proof of the facts specified in that entry as on the date of the certified copy. |
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| Division 2 — Registration of platform work associations |
| Registration of platform work associations |
22.—(1) Every platform work association must apply to be registered under this Part within a period of one month starting from the date on which it is established.| (2) The Registrar may, from time to time, grant an extension of the period mentioned in subsection (1), provided that no such period is, in any particular case, extended so as to exceed a period of 6 months in aggregate. |
| (3) For the purposes of this Part, a platform work association is established on the first date on which any platform workers or platform operators agree to become or create an association or a combination for the furtherance of any one or more of the objects specified in the definition of “platform work association” in section 19. |
(4) For the purposes of any prosecution of a platform work association which fails to apply for registration in accordance with this section, the following apply:| (a) | the date of establishment of that platform work association, in the absence of proof of the date mentioned in subsection (3), is deemed to be —| (i) | the date on which any person is proved to have been accepted or admitted as a member of that platform work association; or | | (ii) | the date on which any act is proved to have been done by that platform work association in furtherance of any one or more of the objects specified in the definition of “platform work association” in section 19; |
| | (b) | where proof is available of both the dates mentioned in paragraph (a)(i) and (ii), the date of establishment of that platform work association is deemed to be the earlier of those dates. |
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| Application for registration |
23.—(1) Every application for registration as a registered platform work association must be —| (a) | made to the Registrar in the prescribed form; and | | (b) | signed by at least 7 members of the platform work association, at least one of whom must be an officer of the platform work association. |
(2) Every application must be accompanied by —| (a) | the prescribed application fee; | | (b) | a copy of the rules of the platform work association; and | | (c) | a statement of the prescribed particulars of —| (i) | the members of the platform work association mentioned in subsection (1)(b); and | | (ii) | the officers of the platform work association. |
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| (3) The Registrar may call for further information for the purpose of satisfying himself or herself that any application for registration complies with this section or that an applicant is entitled to registration as a registered platform work association under this Part. |
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24.—(1) After consideration of an application for registration as a registered platform work association, the Registrar may —| (a) | subject to section 25, register the applicant as a registered platform work association in the prescribed manner if the Registrar is satisfied as to the matters in subsection (2); or | | (b) | refuse to register the applicant as a registered platform work association. |
(2) The matters mentioned in subsection (1)(a) are the following:| (a) | the applicant has complied with the provisions of this Part; | | (b) | the objects, rules and constitution of the applicant are not unlawful and do not conflict with any provision of this Part; | | (c) | the rules and constitution of the applicant are not oppressive or unreasonable; | | (d) | the applicant is not likely to be used for unlawful purposes or for purposes inconsistent with its objects and rules; | | (e) | where the applicant is an association or a combination of platform workers providing a platform service, it is not likely to be used against the interests of the platform workers providing that platform service; | | (f) | where the applicant is an association or a combination of platform workers providing a platform service, there is no existing platform work association registered in respect of that platform service. |
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| (3) Despite subsection (1)(a), if any of the objects of an applicant is unlawful, the registration of a registered platform work association is void. |
| (4) The Registrar, on registering a platform work association under subsection (1)(a), must issue to the registered platform work association a certificate of registration in the prescribed form. |
| (5) A certificate of registration, unless proved to have been cancelled, is conclusive evidence for all purposes that the platform work association has been duly registered under this Part. |
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| Power of Registrar to require alteration of name |
25.—(1) If the name under which a platform work association is proposed to be registered —| (a) | is identical with the name by which any other platform work association has been registered; or | | (b) | in the Registrar’s opinion, so nearly resembles the name by which any other platform work association has been registered as to be likely to deceive or mislead the public or the members of either platform work association, |
| the Registrar must require an applicant to alter the name of the platform work association stated in the application for registration. |
| (2) The Registrar must not register the applicant until the alteration has been made. |
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| Cancellation of registration |
26.—(1) The Registrar may cancel the registration of a registered platform work association in any of the following cases:| (a) | at the request of the registered platform work association upon its dissolution to be verified in the manner required by the Registrar; | | (b) | if the Registrar is satisfied that —| (i) | the registration was obtained by fraud or mistake; | | (ii) | any of the objects or rules of the registered platform work association is unlawful; | | (iii) | the constitution of the registered platform work association or of its executive is unlawful; | | (iv) | the registered platform work association is being used for any unlawful purpose or any purpose inconsistent with its objects and rules; | | (v) | the registered platform work association has rescinded any rule providing for any matter for which provision is required under section 48, or has wilfully and after notice from the Registrar —| (A) | contravened any provision of this Part or allowed any rule to continue in force which is inconsistent with that provision; or | | (B) | allowed any rule to continue in force which is, in the Registrar’s opinion, oppressive or unreasonable; |
| | (vi) | the funds of the registered platform work association are expended in an unlawful manner or on an unlawful object or on an object not authorised by the rules of the registered platform work association; or | | (vii) | the registered platform work association has ceased to exist; |
| | (c) | in the case of a registered platform work association of platform workers providing a platform service — if the Registrar is satisfied that the registered platform work association is being used, or is likely to be used, against the interests of platform workers providing that platform service; | | (d) | in the case of a registered platform work association of platform workers providing a platform service — if the Registrar, having regard to the existence of any other registered platform work association of platform workers providing that platform service, is of the opinion that it is necessary in the interests of the platform workers providing that platform service to cancel the registration of the registered platform work association. |
| (2) Except in a case falling within subsection (1)(a), the Registrar must give a registered platform work association not less than 2 months’ written notice stating that the Registrar intends to cancel its registration and specifying the ground on which the registration is proposed to be cancelled. |
| (3) A registered platform work association served with a notice under subsection (2) may, within the period of 2 months starting from the date of the notice, make written representations to the Registrar with respect to the proposed cancellation of its registration. |
(4) The Registrar may cancel the registration of a registered platform work association —| (a) | after consideration of any written representation made to the Registrar pursuant to the notice mentioned in subsection (2); or | | (b) | after the time mentioned in subsection (3), where no representation is so made or any written representation made is subsequently withdrawn. |
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(5) An order made by the Registrar under this section cancelling the registration of a registered platform work association must —| (a) | be dated as of the date on which the order was made; | | (b) | specify briefly the grounds for the cancellation of the registration; and | | (c) | be immediately served on the registered platform work association. |
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| Power to stop payment of money held by financial institution |
27.—(1) Where the Registrar has given written notice to a registered platform work association under section 26(2), the Minister may, if he or she is satisfied that it is likely that the funds of the registered platform work association may be misused, by written notice direct any financial institution not to pay or cause to be paid any money out of or honour any cheque drawn on the account of the registered platform work association for a specified period not exceeding 3 months, except with the Registrar’s written authorisation.| (2) Where an investigation is being conducted by a public authority regarding the improper use or misapplication of the funds of a registered platform work association, the Minister may by written notice direct any financial institution not to pay or cause to be paid any money out of or honour any cheque drawn on the account of the registered platform work association for a specified period not exceeding 3 months, except with the Registrar’s written authorisation. |
| (3) A financial institution which complies with the Minister’s written notice under subsection (1) or (2) is relieved of any liability to any other person in respect of the payment prohibited by the notice. |
| (4) A financial institution which fails to comply with the Minister’s written notice under subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 3 years or to both. |
(5) Without affecting sections 88 and 89, where a financial institution commits an offence under subsection (4), a person —| (a) | who is —| (i) | an accountant, a sub‑accountant or any other similar officer of the financial institution; or | | (ii) | a person purporting to act in any such capacity; and |
| | (b) | who —| (i) | consented or connived, or conspired with others, to effect the commission of the offence; | | (ii) | is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the financial institution; or | | (iii) | knew or ought reasonably to have known that the offence by the financial institution would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, |
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| shall be guilty of that same offence as is the financial institution, and shall be liable on conviction to be punished accordingly. |
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| (6) A person mentioned in subsection (5) may rely on a defence that would be available to the financial institution if it were charged with an offence under subsection (4) and, in doing so, the person bears the same burden of proof that the financial institution would bear. |
(7) In this section —| “financial institution” means a bank, a finance company or any co‑operative society carrying on the business of managing and investing funds; |
| “public authority” means the Registrar, an authorised officer, the Commissioner of Police, the Commissioner of Inland Revenue or the Director of the Corrupt Practices Investigation Bureau. |
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| Consequences of failure to register or cancellation of registration |
28.—(1) This section applies if —| (a) | a platform work association does not apply for registration within the time specified in section 22; | | (b) | an application for registration as a platform work association is refused under section 24(1)(b); or | | (c) | the registration of a registered platform work association is cancelled under section 26. |
| (2) The platform work association is dissolved. |
| (3) Subject to subsection (4), the platform work association is deemed to be an unlawful association and ceases to enjoy any of the rights, immunities or privileges of a registered platform work association. |
| (4) Subsection (3) does not affect any liabilities incurred or to be incurred by the platform work association which may be enforced against the platform work association and its assets. |
(5) The platform work association, and its officers, members or agents on behalf of the platform work association, must not —| (a) | take part in any work dispute or promote, organise or finance any strike or lockout; or | | (b) | provide pay or other benefits for the members of the platform work association during a strike or lockout. |
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(6) A person must not —| (a) | take any part in the management or organisation of the platform work association; or | | (b) | act or purport to act on behalf of the platform work association or as an officer of the platform work association, |
| except for the purpose of — |
| (c) | defending proceedings against the platform work association; or | | (d) | dissolving the platform work association and disposing of its funds in accordance with the rules of the platform work association. |
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| Consequences upon dissolution of platform work association |
29.—(1) Upon the dissolution of a platform work association under section 28(2) —| (a) | the property of the platform work association immediately vests in the Official Receiver; and | | (b) | the Official Receiver must proceed to wind up the affairs of the platform work association and, after satisfying and providing for all debts and liabilities of the platform work association and the costs of winding up, must pay the surplus assets (if any) of the platform work association —| (i) | where the Minister so directs — into the Workers’ Fund; or | | (ii) | in the absence of a direction from the Minister — in accordance with the rules of the platform work association. |
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(2) Where —| (a) | no direction is given by the Minister under subsection (1)(b)(i); and | | (b) | the surplus assets or part of the surplus assets cannot be distributed in accordance with the rules of the platform work association because the members cannot be found or a meeting of the members is not possible or for any other good and sufficient reason, |
| the surplus assets or part of the surplus assets must be paid into the Workers’ Fund. |
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(3) For the purpose of winding up the affairs of the platform work association —| (a) | the Official Receiver has all the powers vested in the Official Receiver under the Insolvency, Restructuring and Dissolution Act 2018 for the purpose of discovery of the property of a debtor, the realisation of such property and the winding up of a company; and | | (b) | the provisions of that Act apply, with the necessary modifications, to the winding up of the affairs of the platform work association under this Part. |
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| (4) In this section, “Workers’ Fund” has the meaning given by section 2 of the Work Injury Compensation Act 2019. |
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| Division 3 — Rights and liabilities of platform work associations |
| Disabilities of unregistered platform work association |
| 30. A platform work association does not enjoy any of the rights, immunities or privileges of a registered platform work association until it is registered. |
| Immunity from civil suit in certain cases |
31. No suit or other legal proceedings shall be maintainable in any civil court against any registered platform work association, or any officer or member of a registered platform work association, in respect of any act done in contemplation or in furtherance of a work dispute to which a member of the platform work association is a party on the ground only that the act —| (a) | induces some other person to break a platform work agreement; or | | (b) | is in interference with —| (i) | the trade, business or employment of, or the provision of a platform service by, some other person; or | | (ii) | the right of some other person to dispose of that person’s capital or labour as he or she wills. |
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32.—(1) A suit against a registered platform work association, or any officer or member of a registered platform work association on behalf of himself or herself and all other members of a platform work association, in respect of any tortious act alleged to have been committed by or on behalf of the platform work association is not to be entertained by any court.| (2) Nothing in this section affects the liability of a platform work association, or any officer of a platform work association, to be sued in any court touching or concerning the property or rights of a platform work association except in respect of any tortious act committed by or on behalf of the platform work association in contemplation or in furtherance of a work dispute. |
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33.—(1) Every registered platform work association is liable on any contract entered into by it or by an agent acting on its behalf.| (2) Despite subsection (1), a platform work association is not liable on any contract which is void or unenforceable at law. |
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| Objects in restraint of trade not unlawful in case of registered platform work association |
| 34. The objects of a registered platform work association are not, by reason only that they are in restraint of trade, deemed to be unlawful so as to render any member of that platform work association liable to criminal prosecution for conspiracy or otherwise, or to render void or voidable any agreement or trust. |
| Proceedings by and against platform work association |
35.—(1) A registered platform work association may sue and be sued and be prosecuted under its registered name.| (2) An unregistered platform work association may be sued and prosecuted under the name by which it has been operating or is generally known. |
| (3) A platform work association whose registration has been cancelled may be sued and prosecuted under the name by which it was registered. |
| (4) An enforcement order for any money recovered from a platform work association in civil proceedings may issue against any property belonging to or held in trust for the platform work association other than the benevolent fund of a registered platform work association. |
| (5) Any fine ordered to be paid by a platform work association may be recovered by distress and sale of any movable property belonging to or held in trust for the platform work association in accordance with the provisions of the Criminal Procedure Code 2010. |
| (6) In any civil or criminal proceedings in which a registered platform work association is a party, the platform work association may appear in those proceedings by any one of its officers or by an advocate and solicitor. |
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| Strike or industrial action |
36.—(1) A registered platform work association must not commence, promote, organise or finance any strike or any form of industrial action affecting the whole or any section of its members without obtaining the consent, by secret ballot, of the majority of the members so affected.| (2) Any registered platform work association which, and every member of its executive who, contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000. |
(3) The members of a platform work association who commence, promote, organise, participate or otherwise act in furtherance of any strike or any form of industrial action —| (a) | where the consent of the majority of the members so affected has not been obtained by secret ballot; or | | (b) | taken in contravention of the rules or by‑laws of the platform work association, |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. |
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(4) Any person who instigates or incites others to take part in or otherwise acts in furtherance of a strike or any form of industrial action —| (a) | where the consent of the majority of the members of a platform work association so affected has not been obtained by secret ballot; or | | (b) | taken in contravention of the rules or by‑laws of the platform work association to which the majority of the persons taking part in the strike or industrial action belongs, |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000. |
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| (5) In any proceedings for an offence under subsection (2), the onus of proving that the consent of the majority of the members of the registered platform work association so affected has been obtained by secret ballot is on the registered platform work association or the member of its executive, as the case may be. |
(6) In any proceedings for an offence under subsection (3) or (4), the onus of proving that —| (a) | the consent of the majority of the members of the platform work association so affected has been obtained by secret ballot; or | | (b) | the strike or industrial action was not taken in contravention of the rules or by‑laws of the platform work association concerned, |
| is on the member of the platform work association or the accused person, as the case may be. |
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| Division 4 — Constitution |
37.—(1) A person above 18 years of age may be a member of a registered platform work association.| (2) A member of a registered platform work association who is above 18 years of age, but under 21 years of age, must not be a member of the executive or a trustee of the platform work association unless he or she has obtained the Minister’s written approval. |
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| Public officers, etc., not to be members of platform work association |
38.—(1) Subject to subsection (2), a person who is a public officer, or an officer or employee of any public authority, must not join or be a member of any platform work association or be accepted as a member by any platform work association.| (2) The President may, by notification in the Gazette, exempt any class or description of public officer, or officer or employee of any public authority, from subsection (1), subject to any conditions specified in the notification. |
| (3) In this section, “public authority” means a body established or constituted by or under a public Act to perform or discharge a public function. |
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| Officers of platform work association |
39.—(1) A person must not act as an officer of a platform work association or any branch of a platform work association, and is disqualified for election as such officer, if the person —| (a) | is an undischarged bankrupt; or | | (b) | has been convicted by any court of criminal breach of trust, extortion or criminal intimidation, or of any offence which, in the Minister’s opinion, renders the person unfit to be an officer of a platform work association. |
| (2) Subsection (1)(b) does not apply where the Minister is satisfied that the person has reformed and has become fit to be an officer of a platform work association. |
| (3) A person who is not a citizen of Singapore must not act as an officer of a platform work association or any branch of a platform work association unless the prior written approval of the Minister has been obtained. |
| (4) Not less than two-thirds of the total number of the officers of every registered platform work association must be persons actually providing a platform service with which the registered platform work association is connected. |
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| Authority of officers, etc., to bind platform work association without ratification |
40.—(1) Despite any provision in any rules or resolution of any platform work association —| (a) | the officers of a platform work association and any other persons duly appointed by the platform work association to represent its members in negotiations with a view to a collective agreement have the authority to bargain collectively for and to bind all the members of the platform work association by a collective agreement without the need for ratification by the members; and | | (b) | the decisions of those officers or persons on any matter in such negotiations is the decision of all members of the platform work association. |
| (2) Any provision in any rules or resolution of any platform work association that is inconsistent with subsection (1) is void to the extent of that inconsistency. |
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| Employees of platform work association |
41.—(1) A registered platform work association may, subject to subsections (2) and (4) and the rules of the platform work association, employ and pay such persons as may be necessary for the purposes of the platform work association.(2) A person must not be employed by a registered platform work association under subsection (1) if —| (a) | the person has been convicted by a court of a criminal offence and has not received a free pardon in respect of that offence; and | | (b) | in the Minister’s opinion, the conviction renders the person unfit to be employed by a platform work association. |
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| (3) Subsection (2) does not apply where the Minister is satisfied that the person so convicted has reformed and has become fit to be employed by a platform work association. |
| (4) A person who is not a citizen of Singapore must not be employed by a registered platform work association under subsection (1) unless the prior written approval of the Minister has been obtained. |
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| Powers of Minister in relation to sections 39 and 41 |
42. Without limiting section 94, the Minister may, by order in the Gazette —| (a) | declare that section 39 or 41 does not apply to any registered platform work association or class of registered platform work associations specified in the order; or | | (b) | exempt, subject to any conditions that the Minister considers reasonably necessary, from all or any provision of section 39 or 41, any officer or employee or any proportion or class of officers or employees of any registered platform work association or class of registered platform work associations as may be specified in the order. |
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| 43. A registered platform work association must not change its name except with the requisite consent of its members. |
44.—(1) Any 2 or more registered platform work associations may become amalgamated as one platform work association if each of the platform work associations has the requisite consent of its members to the amalgamation.| (2) The amalgamation may be undertaken with or without dissolution or division of the funds of the platform work associations or either or any of them. |
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| Notice of change of name or amalgamation |
45.—(1) Written notice must be given to the Registrar of every change of name and every amalgamation, signed —| (a) | in the case of a change of name, by the secretary and 7 members of the registered platform work association changing its name; or | | (b) | in the case of an amalgamation, by the secretary and 7 members of every registered platform work association which is a party to the amalgamation. |
| (2) Subject to subsection (3), if the Registrar is satisfied that the provisions of this Part in respect of change of name have been complied with, the Registrar must register the change of name in the prescribed manner, and the change of name has effect from the date of the registration. |
(3) The Registrar must refuse to register the change of name if the proposed name —| (a) | is identical with the name by which any other existing platform work association has been registered; or | | (b) | in the Registrar’s opinion, so nearly resembles any such name as to be likely to deceive or mislead the public or the members of either platform work association. |
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(4) If the Registrar is satisfied that —| (a) | the provisions of this Part in respect of amalgamation have been complied with; and | | (b) | the platform work association formed by amalgamation is entitled to registration under section 24, |
| the Registrar must register the platform work association in the prescribed manner, and the amalgamation has effect from the date of the registration. |
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| Effect of change of name or amalgamation |
46.—(1) A change in the name of a registered platform work association does not affect any rights or obligations of the platform work association or render defective any legal proceeding by or against the platform work association, and any legal proceeding which might have been continued or commenced by or against it under its former name may be continued or commenced by or against it under its new name.| (2) An amalgamation of 2 or more registered platform work associations does not prejudice any right of any such platform work association or any right of a creditor of any such platform work association. |
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47.—(1) Every registered platform work association must have a registered office to which all communications and notices may be addressed.| (2) Every platform work association must notify the Registrar of the location of its registered office and any change to that location, and the platform work association is deemed not to have complied with the provisions of this Part until such notice has been given. |
(3) Every platform work association which operates —| (a) | without having a registered office, or without giving notice of the location of its registered office to the Registrar; or | | (b) | at any place to which its registered office may have been removed, without having given notice of the change of location to the Registrar, |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50 for every day or part of a day during which it is so in operation. |
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| (4) Every officer of any platform work association mentioned in subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50 for every day or part of a day during which the platform work association is in operation as described in subsection (3)(a) or (b). |
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| Rules of registered platform work association |
48.—(1) The rules of every registered platform work association must provide for all matters specified in the Third Schedule and must not be so altered or amended as to cease to contain provision in respect of all such matters.(2) A copy of the rules for the time being in force of any registered platform work association —| (a) | must be prominently exhibited at the registered office of the registered platform work association; and | | (b) | must be provided by the secretary of the registered platform work association to any person on demand on payment of the prescribed sum. |
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(3) Where a new rule of a registered platform work association is made or an alteration is made in the rules of a registered platform work association —| (a) | a copy of the new rule or alteration must be sent to the Registrar within 7 days after the making of that rule or alteration; and | | (b) | the Registrar must, subject to subsection (4), register that rule or alteration on payment of the prescribed fee. |
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| (4) The Registrar may refuse to register any new rule or alteration of any rule if the Registrar is of the opinion that the new rule or altered rule is unlawful or is oppressive or unreasonable. |
| (5) Every new rule or alteration of any rule takes effect from the date of registration by the Registrar unless some later date is specified in the rules of the registered platform work association. |
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49.—(1) The rules of a registered platform work association relating to the taking of decisions by secret ballot must ensure that —| (a) | every member or delegate (as the case may be) has an equal right, and a reasonable opportunity to record his or her vote freely; | | (b) | the results of the voting are correctly ascertained and declared; and | | (c) | the secrecy of the ballot is properly secured. |
(2) The Registrar may, for the purpose of satisfying himself or herself that a secret ballot taken by a registered platform work association has been properly conducted —| (a) | order a person to deliver to the Registrar any ballot papers, envelopes, lists or other documents which have been used in connection with or are relevant to the secret ballot and which are in the possession or under the control of that person; | | (b) | take possession of any such ballot papers, envelopes, lists or other documents; and | | (c) | inspect those ballot papers, envelopes, lists or other documents and retain them for such period as is necessary for that purpose. |
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| (3) Subject to subsection (2) or as may be provided in the rules of the platform work association, no person is allowed to inspect or copy any paper or document relating to a secret ballot. |
| (4) A registered platform work association and every officer of a registered platform work association who is able to do so must, despite anything in the rules of the platform work association, take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents used in connection with or relevant to a secret ballot are kept at the registered office of the platform work association for a period of 6 months after the completion of the secret ballot. |
| (5) The secretary of the platform work association must send the results of a secret ballot taken to decide any of the matters specified in paragraph 8 of the Third Schedule to the Registrar within 7 days after the holding of the secret ballot in the form directed by the Registrar. |
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| Notification of change of officers, etc. |
50.—(1) A registered platform work association must, prominently and in a place that it may be easily read, exhibit —| (a) | at its registered office a notice showing the names and titles of the officers for the time being of the platform work association; and | | (b) | at the office of each branch a notice showing the names and titles of the officers for the time being of the branch. |
(2) Where —| (a) | a person becomes or ceases to be an officer of a registered platform work association or a branch of a platform work association; or | | (b) | the title of any officer is changed, |
| the platform work association must notify the Registrar of the appointment or election of the officer, the cessation of the person to be an officer or the change in title (as the case may be) in the prescribed form, together with the prescribed fee, within 7 days after the appointment or election, cessation or change. |
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| (3) The Registrar must, on being satisfied that the appointment or election of the officer, the cessation of the person to be an officer or the change in title (as the case may be) is not contrary to the rules of the platform work association or the provisions of this Part, alter the Register accordingly. |
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| Notification of change of employees |
| 51. When a person becomes or ceases to be an employee of a registered platform work association or a branch of a registered platform work association, the platform work association must notify the Registrar within 7 days after the appointment or cessation in the form directed by the Registrar. |
52.—(1) When a registered platform work association is dissolved, notice of the dissolution signed by the secretary and 7 members of the platform work association must be sent to the Registrar within 14 days after the dissolution.| (2) The Registrar must, if satisfied that the dissolution has been effected in accordance with the rules of the platform work association, register the dissolution, and the dissolution has effect from the date of the registration. |
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53.—(1) The rules of a registered platform work association must provide for the appointment or election of trustees and for the filling of vacancies in the office of trustees so that, as far as may be, there are always at least 3 trustees of the platform work association.(2) A person who is an undischarged bankrupt —| (a) | must not be appointed or elected as a trustee of a platform work association; or | | (b) | if so appointed or elected, must not remain as a trustee of a platform work association. |
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(3) Except with the Minister’s approval, a person who has been convicted of an offence involving fraud or dishonesty or any other offence which, in the Minister’s opinion, renders the person unfit to be a trustee of a platform work association —| (a) | must not be appointed or elected as a trustee of a platform work association; or | | (b) | if so appointed or elected, must not remain as a trustee of a platform work association. |
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(4) A person who —| (a) | is holding the office of president, chairperson, treasurer, secretary or similar office in a platform work association; or | | (b) | is not a citizen of Singapore, |
| must not be appointed or elected as a trustee of the platform work association without the prior written approval of the Minister. |
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| (5) When a person is appointed or elected as, or ceases to be, a trustee of a registered platform work association or branch of a registered platform work association, the platform work association must notify the Registrar within 7 days after the appointment or election or cessation in the form required by the Registrar. |
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| All property vested in trustees |
| 54. All property, movable or immovable, of a registered platform work association must be vested in its trustees for the use and benefit of the platform work association and its members, and are under the control of the trustees. |
| 55. Upon any change in the office of any trustee, the Supreme Court may, upon an originating application without notice made to it in that behalf, make an order vesting the property of a registered platform work association in the trustees for the time being of the platform work association for the same estate and interest as the former trustee had in that property, and subject to the same trusts, without any transfer, conveyance or assignment. |
| Purchase or lease of land or buildings |
56.—(1) Subject to subsection (2) and to any provision in its rules, a registered platform work association may —| (a) | purchase or take a lease of, for the purposes of the platform work association and in the names of its trustees, any land or building; and | | (b) | subject to any written law or other law which may be applicable, sell, exchange, charge or lease any land or building purchased or leased by it. |
| (2) A registered platform work association must not purchase or take a lease of any land or building situated outside Singapore without having first obtained the requisite consent of its members. |
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| Division 6 — Funds and accounts |
57.—(1) The funds of a registered platform work association may, subject to the rules of the platform work association and the provisions of this Act, be expended only for the following objects:| (a) | the payment of salaries, allowances and expenses to officers of the platform work association; | | (b) | the payment of expenses for the administration of the platform work association, including audit of the accounts of the funds of the platform work association; | | (c) | the prosecution or defence of any legal proceeding to which the platform work association or any member of the platform work association is a party, when the prosecution or defence is undertaken for the purpose of securing or protecting any rights of the platform work association as such or any rights arising out of the relations of any member with a platform operator for whom the member provides a platform service or with a platform worker who provides a platform service for the member, as the case may be; | | (d) | the conduct of work disputes on behalf of the platform work association or any member of the platform work association; | | (e) | the compensation of members for loss arising out of work disputes; | | (f) | allowances to members or their dependants on account of death, old age, sickness or accidents of the members or the inability of the members to provide a platform service with which the platform work association is concerned; | | (g) | any other object which the Minister may, by notification in the Gazette, declare to be an object for which such funds may be expended. |
| (2) Any moneys received for a specific purpose by a platform work association from its members, which the members are liable to pay in accordance with its rules, must not be used or applied for any other purpose without the requisite consent of the members of the platform work association. |
| (3) The secretary of the platform work association must, within 7 days from the date the requisite consent mentioned in subsection (2) is obtained, notify the Registrar of the consent and provide to the Registrar any information in respect of the consent as the Registrar may require. |
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| Prohibition of payment of fines or penalties |
| 58. The funds of a registered platform work association must not be applied either directly or indirectly in payment of the whole or part of any fine or penalty imposed upon any person by sentence or order of a court of justice. |
| Use of funds for political purposes and investment of those funds |
59.—(1) The funds of a registered platform work association must not be applied either directly or indirectly in payment of contributions to a political party or for a political purpose.(2) The funds of a registered platform work association must, subject to the rules of the platform work association and the provisions of this Act, be invested only in —| (a) | investments authorised by law for the investment of trust money; | | (b) | interest‑earning deposits in banks or finance companies; | | (c) | shares of co‑operative societies established by any registered platform work association or any trade union registered under the Trade Unions Act 1940; or | | (d) | any undertaking, enterprise or scheme, the promoter or proprietor of which is the Singapore Labour Foundation or a company formed by or related to the Singapore Labour Foundation, as the Minister may approve for the purposes of this paragraph. |
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| (3) In this section, “Singapore Labour Foundation” means the Singapore Labour Foundation established under section 3 of the Singapore Labour Foundation Act 1977. |
| (4) For the purposes of this section, a company is deemed to be related to the Singapore Labour Foundation if it is related to the Singapore Labour Foundation within the meaning of section 6 of the Companies Act 1967. |
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| Injunction to restrain misuse of funds |
| 60. An injunction restraining any unauthorised or unlawful expenditure of the funds of a registered platform work association may be granted on the application of any 5 or more persons having sufficient interest in the relief sought, the Registrar or the Attorney‑General. |
| Treasurer to render accounts |
61.—(1) Every treasurer of a registered platform work association and every other officer of a registered platform work association who is responsible for the accounts of the platform work association or the collection, disbursement, custody or control of the funds or moneys of the platform work association, must —| (a) | upon resigning or vacating his or her office; | | (b) | at least once in every year at the time specified by the rules of the platform work association; and | | (c) | at any other time at which he or she may be required to do so by a resolution of the members of the platform work association or by the rules of the platform work association, |
| render to the platform work association and its members a just and true account of — |
| (d) | all moneys received and paid by him or her during the period which has elapsed since the date of his or her assuming office, or if he or she has previously rendered an account, since the last date upon which he or she rendered such account; | | (e) | the balance remaining in his or her hands, at the time of rendering such account; and | | (f) | all bonds, securities or other property of the platform work association entrusted to his or her custody or under his or her control. |
| (2) The form of account may be prescribed by regulations. |
| (3) The account must be verified by statutory declaration, and the platform work association must cause the account to be audited by a fit and proper person approved by the Registrar. |
| (4) A platform work association must not cause the accounts to be audited under subsection (3) by the same person for a continuous period of more than 5 years without the prior written approval of the Minister. |
(5) After the account has been audited, the treasurer or other officer mentioned in subsection (1) must immediately hand over to the trustees of the platform work association, if required by them to do so —| (a) | such balance as appears to be due from him or her; and | | (b) | all bonds, securities, effects, books, papers and property of the platform work association in his or her hands or custody, or otherwise under his or her control. |
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| (6) The Registrar may by written notice direct the attendance before the Registrar, at the place and time set out in the notice, of any person appointed to audit the accounts of a platform work association for any purpose related to the audit. |
(7) The Registrar may, if he or she thinks it necessary, by written notice direct any platform work association to —| (a) | cause the accounts to be audited by any person other than the person who first audited the accounts; or | | (b) | cause the accounts to be further audited in any manner required by the Registrar. |
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| (8) All expenses incurred by a platform work association in complying with the direction of the Registrar must be borne by the platform work association. |
| (9) Any person who fails to comply with the Registrar’s direction under subsection (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. |
| (10) Any platform work association which fails to comply with the Registrar’s direction under subsection (7) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. |
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| Production of documents, etc., for examination |
62.—(1) Without affecting any other provision of this Act, for the purpose of carrying out the provisions of this Part, the Registrar may by written notice direct any officer or employee of a platform work association to produce for the Registrar’s examination any books, accounts, records and documents and to answer any questions relating to the books, accounts, records or documents as may be necessary.(2) Any person who —| (a) | wilfully refuses or without lawful excuse fails to comply with the Registrar’s direction under subsection (1); or | | (b) | wilfully withholds any information, or refuses to answer or wilfully gives a false answer to any question put to the person by the Registrar, |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. |
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63.—(1) The secretary of every registered platform work association must provide annually to the Registrar on or before the prescribed date in each year a general statement, audited in the prescribed manner, of all receipts and expenditure during the period of 12 months ending on the last day of March last preceding that prescribed date, and of the assets and liabilities of the platform work association as at that day.| (2) The general statement mentioned in subsection (1) must be accompanied by a copy of the auditor’s report and must be prepared in such form and comprise such particulars as may be prescribed. |
(3) The secretary of each registered platform work association must provide to the Registrar, together with the general statement mentioned in subsection (1) —| (a) | a copy of —| (i) | all alterations or amendments of rules, and all new rules, of the platform work association; and | | (ii) | a list of all changes of officers, |
| made by the platform work association during the period of 12 months preceding the last day of March; and |
| | (b) | a copy of the rules of the platform work association in force on that day. |
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(4) The Registrar may, on application to him or her by a registered platform work association, by written notice, substitute —| (a) | the day on which the financial year of the platform work association ends for the last day of March mentioned in subsections (1) and (3); and | | (b) | if necessary, some other date for the date prescribed for the purposes of subsection (1). |
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| (5) All the provisions of this section apply accordingly in the case of the registered platform work association mentioned in subsection (4) as though the day and the date so substituted were respectively the last day of March mentioned in subsections (1) and (3) and the prescribed date mentioned in subsection (1). |
| (6) Every member of a registered platform work association is entitled to receive free of charge a copy of the general statement mentioned in subsection (1) and the secretary of each registered platform work association must deliver a copy of that statement to every member of his or her platform work association who applies to him or her for a copy of that statement. |
| (7) Any secretary of a registered platform work association who fails to comply with any requirement of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. |
(8) Every person who wilfully makes or orders or causes or procures to be made any false entry in or omission from any of the following documents provided to the Registrar shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both:| (a) | the general statement mentioned in subsection (1); | | (b) | the copy of the auditor’s report mentioned in subsection (2); | | (c) | any copy mentioned in subsection (3)(a) or (b). |
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| Inspection of accounts and documents |
| 64. The account books of a registered platform work association and a list of its members must be open to inspection by any officer or member of the platform work association at the times provided for in the rules of the platform work association, and by the Registrar at any reasonable time. |
| Division 7 — Offences and penalties of this Part |
| Penalty for misuse of money or property of registered platform work association |
65.—(1) Where, on complaint made by a member of a registered platform work association, it is shown to the satisfaction of a District Court or Magistrate’s Court that any officer or member of the registered platform work association —| (a) | has in his or her possession or control any property of the registered platform work association except in accordance with the rules of the registered platform work association; or | | (b) | has unlawfully expended or withheld any money of the registered platform work association, |
| the Court, if it considers the justice of the case so requires, is to order that officer or member to deliver that property or pay the money so unlawfully expended or withheld (as the case may be) to the trustees of the registered platform work association. |
| (2) A complaint made under subsection (1) in respect of any property or money of a registered platform work association is not to be entertained unless the District Court or Magistrate’s Court is satisfied that the complainant is, on the date of that complaint, a member of the registered platform work association. |
| (3) Any person bound by an order made under subsection (1) who fails to comply with the terms of and the directions given in that order within a time to be specified in that order shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. |
| (4) An order made under subsection (1) does not affect or prevent a prosecution of, or civil proceedings against, any such officer or member. |
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| Supplying false information regarding platform work associations |
66. Any person who, with intent to deceive —| (a) | gives to any member of a registered platform work association, or any person intending or applying to become a member of that platform work association, any document purporting to be a copy of the rules of the platform work association or any alterations to those rules which the person knows, or has reason to believe, is not a correct copy of the rules or alterations that are for the time being in force; or | | (b) | gives a copy of any rules of an unregistered platform work association to any person on the pretence that those rules are the rules of a registered platform work association, |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both. |
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| Failure to submit returns |
67. If default is made on the part of any registered platform work association in doing any act, giving any notice or sending any statement, return or other document as required by this Part —| (a) | every officer or other person bound by the rules of the platform work association or under the provisions of this Part to do that act, give that notice or send that statement, return or document; or | | (b) | if there is no such officer or person, every member of the executive of that registered platform work association, |
| shall severally be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. |
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68.—(1) Every person who, and every platform work association which, contravenes any provision of this Part for which no penalty is expressly provided shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.| (2) Upon conviction of an unregistered platform work association under subsection (1), every person proved to have been a member of the executive of that platform work association shall be deemed severally to be guilty of the offence for which the platform work association was so convicted. |
| (3) The District Court or Magistrate’s Court shall, after necessary inquiry, declare in its finding and order the name of each person to be deemed to be guilty under subsection (2) and shall pass sentence upon the person according to law. |
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| Consent of Public Prosecutor |
| 69. A prosecution under this Part must not be instituted except by or with the consent of the Public Prosecutor. |
| Division 8 — Miscellaneous |
| This Part not to affect certain agreements |
70. This Part does not affect any of the following:| (a) | any agreement between partners as to their own business; | | (b) | any agreement between an employer and those employed by that person as to such employment; | | (c) | any platform work agreement as to the provision of a platform service by a platform worker; | | (d) | any agreement in consideration of the sale of the goodwill of a business or of instruction in any profession, trade or handicraft. |
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| Societies Act 1966 not applicable to platform work associations |
| 71. The Societies Act 1966 does not apply to a platform work association. |
72. Subject to the requirements of any other written law, every originating claim or other legal process may be served on a platform work association by —| (a) | serving it on the president, secretary, treasurer or other officer of the platform work association; or | | (b) | leaving it at, or sending it by registered post to, the registered office of the platform work association. |
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73. The Registrar must notify in the Gazette the fact that —| (a) | any platform work association has been registered; | | (b) | the registration of any platform work association has been cancelled; | | (c) | any change of name or amalgamation affecting any registered platform work association has been registered; and | | (d) | any registered platform work association has been dissolved. |
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74.—(1) A person who is aggrieved by —| (a) | the Registrar’s refusal to register a platform work association under section 24(1)(b); | | (b) | the Registrar’s order to cancel the registration of a registered platform work association under section 26; | | (c) | the Registrar’s refusal to register a change of the name of a registered platform work association under section 45(3); | | (d) | the Registrar’s refusal to register the platform work association formed by the amalgamation of any 2 or more registered platform work associations under section 45(4); or | | (e) | the Registrar’s refusal to register a new rule or any alteration of any rule under section 48(4), |
| may appeal to the Minister. |
(2) An appeal under this section must —| (a) | be in writing; | | (b) | specify the grounds on which it is made; and | | (c) | be made within the prescribed period starting from the date of the Registrar’s refusal or order. |
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(3) After consideration of an appeal, the Minister may —| (a) | confirm the Registrar’s refusal or order, as the case may be; | | (b) | order the registration of any platform work association; | | (c) | order the registration of any new rule or alteration of any rule; | | (d) | reverse the Registrar’s order; or | | (e) | make any order or give any direction that the Minister considers just or necessary. |
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| (4) The Minister’s decision is final. |
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| Regulations for this Part |
75.—(1) The Minister may make regulations for the purpose of carrying out or giving effect to this Part.(2) In particular, the Minister may make regulations for any of the following:| (a) | the registers and other records to be kept for the purposes of this Part; | | (b) | the form and manner in which platform work associations and the rules of registered platform work associations must be registered and the fees payable on registration; | | (c) | the manner in which, and the qualifications of the persons by whom, the accounts of registered platform work associations or any class of registered platform work associations must be audited; | | (d) | the conditions subject to which the Register or any document kept by the Registrar may be inspected and an extract from or a copy of an entry in the Register or document may be given, and the fees chargeable for the inspection, extract or copy; | | (e) | the form and manner of any applications, forms, notices, requests or returns that must be filed with the Registrar under this Part or any regulations made for the purposes of this Part; | | (f) | the due disposal and safe custody of the funds and moneys of a platform work association; | | (g) | the creation, administration, protection, control and disposal of the benevolent funds of registered platform work associations and all matters connected with or incidental to such benevolent funds. |
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| (3) The Minister may by regulations declare that any regulations made in respect of the matter mentioned in subsection (2)(g) apply to a specified registered platform work association or a specified class of registered platform work associations only. |
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