Singapore legislation
Section 30I
Section 30I
Employer’s right to object
(1)
An employer may object to the eligibility of an employee to tripartite mediation but only on the ground that the employee is an executive employee who —
is employed in a senior management position or performs or exercises any function, duty or power of a person employed in a senior management position, including the control and supervision of major business operations, accountability for operational performance, formulation of business policies, plans and strategies and provision of leadership to other employees;
performs or exercises any function, duty or power which includes decision‑making, or the power to substantially influence decision‑making, on any industrial matter including the employment, termination of employment, promotion, transfer, reward or discipline of other employees;
performs any function or duty which includes representing the employer in any negotiation relating to any industrial matter;
has access to confidential information relating to the budget and finances of the employer, any industrial relations matter or the salaries and personal records of other employees; or
performs or exercises any other function, duty or power which may give rise to a real or potential conflict of interest if he is represented by the trade union or federation.
(2)
Where an employer wishes to raise any objection under subsection (1), the employer shall, within 14 days from the date of the direction referred to in section 30H(3)(c) (or such longer period as the Commissioner may, in his discretion, allow in any particular case), give notice of his objection in the prescribed form and manner to the Commissioner stating precisely the grounds of his objection.
(3)
In deciding whether the objection should stand, the Commissioner may consult one or more tripartite mediation advisors who, in the opinion of the Commissioner, are of sufficient standing and experience to advise and make recommendations to the Commissioner in relation to such objection.
(4)
Any tripartite mediation advisor who is consulted under subsection (3) shall not be assigned and shall not continue (if assigned) to assist the parties in the tripartite mediation under section 30H(3)(b).
(5)
The Commissioner’s decision as to whether any objection should stand shall be final.