Clause 39

by deleting the word “EXECUTIVE” in the Part heading of Part IVA;

by deleting the definition of “executive employee” in section 30F and substituting the following definitions:“ “approved mediator” has the same meaning as in section 2(1) of the Employment Claims Act 2016;“claim referral certificate” means a claim referral certificate issued under section 30H(6);“employee”, in relation to an employer —

means an employee who is a member of a trade union which has not been given recognition (in respect of any class of employees) by the employer under section 17; but(b)excludes any individual belonging to any class of individuals which the Minister declares, by notification in the Gazette, to be a class of individuals to which this Part does not apply;”;

by inserting, immediately after the definition of “salary” in section 30F, the following definitions:“ “specified employment dispute” and “specified statutory dispute” have the same meanings as in section 2(1) of the Employment Claims Act 2016;”;

by deleting the definition of “tripartite mediation” in section 30F and substituting the following definition:“ “tripartite mediation” means mediation under this Part, between an employee and his employer, which is conducted —

by a conciliation officer or an approved mediator;

with the assistance of any tripartite mediation advisors who may be assigned or re‑assigned under section 30H(3)(b) to assist the employee or the employer in the mediation; and

in an endeavour to reach a settlement in respect of disputes under section 30G;”;

by deleting the word “executive” wherever it appears in sections 30G(1)(a), (b) and (c), 30H(1) and (3)(b), (c) and (d) and 30J(1);

by deleting the word “or” at the end of section 30G(1)(b);

by deleting the comma at the end of paragraph (c) of section 30G(1) and substituting a semi‑colon, and by inserting immediately thereafter the following paragraphs:“(d)any re‑employment dispute as defined in section 8A(4) of the Retirement and Re‑employment Act (Cap. 274A); or

any specified statutory dispute,”;

by deleting paragraph (b) of section 30G(2) and substituting the following paragraph:“(b)any dispute in a case where the employment relationship has ended (whether due to the retirement of the employee, or the expiry or termination of the contract of service, or otherwise), unless the Commissioner receives a notification under section 30H(2) relating to that dispute not later than 6 months after the last day of employment of the employee.”;

by inserting, immediately after subsection (2) of section 30G, the following subsection:“(3) The Minister may, by order in the Gazette, lengthen or shorten either or both of the following periods, either absolutely or for any class of employees, any class of employers and any category of disputes mentioned in subsection (1):

the period of one year mentioned in subsection (2)(a);

the period of 6 months mentioned in subsection (2)(b).”;

by inserting, immediately after the words “a conciliation officer” in section 30H(3)(a), the words “or an approved mediator”;

by inserting, immediately after the words “conciliation officer” in section 30H(4), the words “or approved mediator”;

by inserting, immediately after subsection (5) of section 30H, the following subsections:“(6) Where a tripartite mediation is conducted by an approved mediator, the approved mediator must issue to the employee a claim referral certificate in respect of every unresolved specified employment dispute that is a subject of the tripartite mediation, if —

the employer is given reasonable notice of, or is directed under section 30H(3)(c) to participate in, the tripartite mediation, but does not attend any mediation session; or

no settlement is reached at the end of the tripartite mediation in relation to one or more of the specified employment disputes that are the subject of the tripartite mediation.(7) Despite subsection (6), if the employee is given reasonable notice of, or is directed under section 30H(3)(c) to participate in, the tripartite mediation, and the employee fails, without reasonable excuse, to attend any mediation session, the approved mediator may refuse to issue to the employee a claim referral certificate in respect of all or any of the unresolved specified employment disputes that are the subject of the tripartite mediation.(8) Despite subsection (6)(a), if the employer is directed by the Minister under section 30J(2) to attend a mediation session, the approved mediator must not issue a claim referral certificate unless the employer fails to comply with the Minister’s direction.(9) In this section, a specified employment dispute that is a subject of a tripartite mediation is unresolved if the dispute —

is not settled; and

is not withdrawn from being a subject of the tripartite mediation.”;

by inserting, immediately after the word “seeking” in the section heading of section 30H, the words “and conduct of”;

by deleting the words “an executive employee” in section 30I(1) and substituting the words “an employee”; and

by deleting the words “the executive employee” in section 30I(1) and substituting the words “the employee is an executive employee who”.