Statute Details
- Title: Declaration That Persons Employed by Statutory Boards Are Not Employees for Purposes of Act
- Act Code: EmA1968-N1
- Legislation Type: Subsidiary legislation / declaration (Singapore)
- Status: Current version as at 27 Mar 2026
- Authorising Provision: Employment Act (Chapter 91), Section 2 (Definition of “employee”)
- Key Instrument / Citation (as shown in extract): G.N. No. S 169/1975
- Revised Edition: 2000 RevEd (30 April 2000)
- Original Declaration Date (as shown in extract): 18 July 1975
- Commencement Date: Not stated in the extract (instrument dated 18 July 1975; revised edition dated 30 April 2000)
What Is This Legislation About?
This instrument is a ministerial declaration made under the Employment Act (Cap. 91). In plain terms, it addresses a specific legal classification issue: whether people who work for statutory boards are treated as “employees” for the purposes of the Employment Act.
The declaration states that all classes of persons employed by a statutory board—where the statutory board is constituted under any written law—shall not be employees for the purposes of the Employment Act. The practical effect is that the Employment Act’s protections and obligations (such as minimum employment standards, certain wage-related rules, and related statutory entitlements) do not apply to those workers by virtue of the Employment Act.
Although the instrument is short, it is legally significant because it operates as a classification carve-out within the Employment Act’s definition of “employee”. That means the declaration does not merely interpret the Employment Act; it removes a category of workers from the Act’s scope.
What Are the Key Provisions?
1. Ministerial declaration excluding statutory board workers from the Employment Act definition of “employee”. The core provision (as reflected in the extract) is the statement by the Minister for Manpower that all classes of persons employed by a statutory board are not employees for the purposes of the Employment Act.
The wording is broad in two important respects. First, it covers “all classes of persons”, which suggests that the exclusion is not limited to particular job categories (for example, only executives or only rank-and-file staff). Second, it covers statutory boards “constituted under any written law”, which is also broad and indicates that the exclusion is tied to the legal status of the employing entity rather than to the nature of the work performed.
2. Link to the Employment Act’s definition section. The instrument is authorised by Section 2 of the Employment Act (Cap. 91), which contains the definition of “employee”. In Singapore employment law, the definition of “employee” is the gateway to whether the Employment Act’s substantive provisions apply. By declaring that statutory board workers are not “employees” for that purpose, the declaration effectively shifts those workers outside the Employment Act regime.
3. Scope is determined by the employer’s legal character (statutory board), not by the worker’s individual circumstances. A practitioner should note that the declaration is framed around the employer: persons employed by a statutory board. This means that the analysis typically turns on whether the employer is a statutory board constituted under written law, rather than on factors such as the worker’s salary level, job duties, or employment contract terms (though those may matter for other legal regimes).
4. Consequence: Employment Act entitlements and obligations do not apply “for the purposes of the Act”. The phrase “for the purposes of the Act” is crucial. It indicates that the exclusion is functional: it prevents the Employment Act from being invoked to claim statutory entitlements or to impose statutory obligations on the employer in respect of those workers. In practice, this may affect claims relating to minimum notice, overtime, rest days, public holiday pay, termination benefits, and other employment standards that are typically anchored in the Employment Act.
How Is This Legislation Structured?
This instrument is structured as a declaration rather than a multi-part statute. The extract indicates that it is essentially a single operative declaration: the Minister for Manpower declares that statutory board workers are not employees for Employment Act purposes. The “structure” therefore lies primarily in its legal linkage to the Employment Act’s definition section.
In other words, the declaration functions as a supplementary instrument to the Employment Act. The Employment Act provides the framework (including the definition of “employee”), and this declaration modifies the scope of that definition by carving out a category of workers.
Who Does This Legislation Apply To?
The declaration applies to persons employed by a statutory board that is constituted under any written law. It is not limited to a particular industry, location, or type of work. It is also not limited by seniority or employment category, because it refers to “all classes of persons”.
For lawyers advising employers or employees, the key factual question is usually: Is the employer a statutory board constituted under written law? If yes, then—subject to any other applicable legal framework—the Employment Act’s protections that depend on the worker being an “employee” will generally not apply.
It is also important to consider the broader legal landscape. While the Employment Act may not apply, other employment-related regimes may still govern the relationship, such as contractual terms, public service employment frameworks (where applicable), or other labour legislation depending on the worker’s status and the nature of the employing entity.
Why Is This Legislation Important?
Although the declaration is brief, it has high practical impact because it determines whether the Employment Act can be relied upon in disputes. In employment litigation and advisory work, the first step is often to identify the applicable statutory regime. This declaration can be decisive: if the worker is excluded from the Employment Act definition of “employee”, then statutory claims under the Employment Act may be misdirected or non-viable.
For employers and statutory boards, the declaration provides a measure of legal certainty that the Employment Act’s minimum standards and enforcement mechanisms will not automatically apply to their workforce by virtue of that Act. However, this does not mean statutory boards are free from all employment obligations. Employment relationships may still be governed by contractual terms, internal regulations, and other statutory schemes that are specific to public bodies or to the particular statutory board.
For employees, the exclusion means that certain statutory entitlements typically associated with the Employment Act may not be available. Practitioners should therefore carefully assess alternative bases for claims—such as the terms of employment contracts, applicable collective arrangements (if any), or other statutory or administrative frameworks governing public sector employment.
Finally, the declaration underscores a broader theme in Singapore employment law: the Employment Act is not universally applicable to all workers. Its reach depends on the statutory definition of “employee”, and ministerial declarations can adjust that reach. Lawyers should therefore always check whether any declarations or exclusions exist that affect the classification of the worker’s employment relationship.
Related Legislation
- Employment Act (Cap. 91) — especially Section 2 (Definition of “employee”)
- Other employment-related statutes that may govern workers outside the Employment Act framework (to be assessed based on the statutory board and worker’s status)
Source Documents
This article provides an overview of the Declaration That Persons Employed by Statutory Boards Are Not Employees for Purposes of Act for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.