Singapore legislation

Clause 6

of State Immunity Bill

Clause 6

Contracts of employment

(1)

A State is not immune as respects proceedings relating to a contract of employment between the State and an individual where the contract was made in Singapore or the work is to be wholly or partly performed in Singapore.

(2)

Subject to subsections (3) and (4), this section does not apply if —

(a)

at the time when the proceedings are brought the individual is a national of the State concerned;

(b)

at the time when the contract was made the individual was neither a citizen of Singapore nor habitually resident in Singapore; or

(c)

the parties to the contract have otherwise agreed in writing.

(3)

Where the work is for an office, agency or establishment maintained by the State in Singapore for commercial purposes, paragraphs (a) and (b) of subsection (2) do not exclude the application of this section unless the individual was, at the time when the contract was made, habitually resident in that State.

(4)

Paragraph (c) of subsection (2) does not exclude the application of this section where the law of Singapore requires the proceedings to be brought before a court in Singapore.

(5)

In this section “proceedings relating to a contract of employment” includes proceedings between the parties to such a contract in respect of any statutory rights or duties to which they are entitled or subject as employer or employee.

Clause 6 — State Immunity Bill | laws.sg