Singapore legislation
Section 39
Section 39
Secret ballot
(1)
The rules of a registered trade union relating to the taking of decisions by secret ballot shall ensure that every member or delegate, as the case may be, has an equal right, and a reasonable opportunity to record his vote freely, that the results of the voting are correctly ascertained and declared, and that the secrecy of the ballot is properly secured.
(2)
Notwithstanding subsection (1), where the majority of the membership of a registered trade union consists of non‑executive employees, no rule of the trade union shall confer on any member who is an executive employee that is represented by the trade union under section 30A of the Industrial Relations Act 1960, the right to vote in any secret ballot taken for the purpose of obtaining the consent of its members to commence, organise, participate or otherwise act in furtherance of any strike or any form of industrial action under section 27(1).
(3)
For the purpose of satisfying himself that a secret ballot taken by a registered trade union has been properly conducted, the Registrar may —
order a person to deliver to him 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;
take possession of any such ballot papers, envelopes, lists or other documents; and
inspect the same and retain them for such period as is necessary for such purpose.
(4)
Subject to subsection (3) or as may be provided in the rules of the trade union, no person shall be allowed to inspect or copy any such paper or document relating to a secret ballot.
(5)
A registered trade union and every officer of a registered trade union who is able to do so shall, notwithstanding anything in the rules of the trade union, 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 shall be kept at the registered office of the trade union for a period of 6 months after the completion of the secret ballot.
(6)
The results of a secret ballot taken to decide any of the matters set out in paragraph 8 of the Schedule shall be sent to the Registrar within 7 days after the holding of the secret ballot by the secretary of the trade union in such form as the Registrar may direct.