Singapore legislation
Clause 6
Clause 6
Amendment of section 17
Section 17 of the principal Act is amended by deleting subsection (3) and substituting the following subsection:“(3) No trade union of employees the majority of whose membership consists of non‑executive employees may seek recognition or serve a notice under section 18 in respect of any 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 the executive employee is represented by the trade union.”.