Employment Claims Regulations 2017

These Regulations are the Employment Claims Regulations 2017.

In these Regulations —“claimant” means a person who lodges a claim with a tribunal, and includes a person who intends to lodge a claim with a tribunal;“domestic worker” has the meaning given by section 2(1) of the Employment Act 1968;“electronic filing system” means the electronic filing system established for the transmission of any mediation request form or other document to the mediation service provider;“foreigner” means an individual who is not a citizen or permanent resident of Singapore;“mediation request form” means the form for a mediation request set out at the Internet website of the mediation service provider;“mediation service provider” means the department of Tripartite Alliance Limited known as Tripartite Alliance for Dispute Management;“recognised trade union” has the meaning given by section 30(1) of the Industrial Relations Act 1960;“respondent” means a person against whom a claim is made, or who is joined in the capacity of a respondent, and includes a person against whom a claimant intends to make a claim;“seafarer” has the meaning given by section 2(1) of the Employment Act 1968;“trade union” has the meaning given by section 2 of the Industrial Relations Act 1960;“tripartite mediation advisor” means any tripartite mediation advisor appointed under section 30K of the Industrial Relations Act 1960;“work pass” has the meaning given by section 2 of the Employment of Foreign Manpower Act 1990.

“claimant” means a person who lodges a claim with a tribunal, and includes a person who intends to lodge a claim with a tribunal;

“domestic worker” has the meaning given by section 2(1) of the Employment Act 1968;

“electronic filing system” means the electronic filing system established for the transmission of any mediation request form or other document to the mediation service provider;

“foreigner” means an individual who is not a citizen or permanent resident of Singapore;

“mediation request form” means the form for a mediation request set out at the Internet website of the mediation service provider;

“mediation service provider” means the department of Tripartite Alliance Limited known as Tripartite Alliance for Dispute Management;

“recognised trade union” has the meaning given by section 30(1) of the Industrial Relations Act 1960;

“respondent” means a person against whom a claim is made, or who is joined in the capacity of a respondent, and includes a person against whom a claimant intends to make a claim;

“seafarer” has the meaning given by section 2(1) of the Employment Act 1968;

“trade union” has the meaning given by section 2 of the Industrial Relations Act 1960;

“tripartite mediation advisor” means any tripartite mediation advisor appointed under section 30K of the Industrial Relations Act 1960;

“work pass” has the meaning given by section 2 of the Employment of Foreign Manpower Act 1990.

For the purposes of paragraph (a) of the definition of “employee”, and paragraph (a) of the definition of “employer”, in section 2(1) of the Act, the category, class or description of employees of the Government prescribed to be employees for the purposes of the Act consists of every officer or employee of the Government who —

has with the Government any specified employment dispute concerning any matter specified in items 1 to 12 and 43 of the Second Schedule to the Act and item 3 of the Third Schedule to the Act; and

submits or intends to submit to the Commissioner a mediation request, or lodges or intends to lodge with a tribunal a claim, relating only to that specified employment dispute.

For the purposes of section 3(2) of the Act, a mediation request is submitted to the Commissioner —

by transmitting to the mediation service provider through the electronic filing system an electronic record of each of the following:

the mediation request form;

each document submitted in support of the mediation request; or

by lodging at the office of the mediation service provider a hard copy of each of the following:

the mediation request form;

each document submitted in support of the mediation request.

Where paragraph (1)(a) applies, the mediation request is submitted to the Commissioner on the date and at the time that the last part of the last electronic record is transmitted to the mediation service provider.

Despite paragraphs (1) and (2), the Commissioner may accept a mediation request that is incomplete.

The Commissioner must, as soon as reasonably practicable, send the claimant a written notice stating whether the Commissioner accepts the mediation request.

For the purposes of section 3(2) of the Act, a mediation request is submitted to the Commissioner —

by transmitting to the mediation service provider through the electronic filing system an electronic record of each of the following:

the mediation request form;

each document submitted in support of the mediation request; or

by lodging at the office of the mediation service provider a hard copy of each of the following:

the mediation request form;

each document submitted in support of the mediation request.

Where paragraph (1)(a) applies, the mediation request is submitted to the Commissioner on the date and at the time that the last part of the last electronic record is transmitted to the mediation service provider.

Despite paragraphs (1) and (2), the Commissioner may accept a mediation request that is incomplete.

The Commissioner must, as soon as reasonably practicable, send the claimant a written notice stating whether the Commissioner accepts the mediation request.

An officer of a trade union of employees may submit a mediation request on behalf of any claimant who —

is a member of the trade union; and

is an employee who belongs to any class of employees in respect of whom the trade union has been accorded or given recognition under section 17 of the Industrial Relations Act 1960 by the employer of those employees.

An officer of a trade union of employees that is a recognised trade union may submit a mediation request on behalf of any claimant who —

is a member of the trade union; and

is an executive employee who may be represented individually by the trade union under Part 4 of the Industrial Relations Act 1960.

Where a claimant is below 18 years of age, a parent or guardian of the claimant may submit a mediation request on behalf of the claimant.

Where a claimant is (in the opinion of the Commissioner) unable to present his or her own case by reason of illiteracy or infirmity of mind or body (not amounting to a lack of capacity within the meaning of section 4 of the Mental Capacity Act 2008), a person who is authorised in writing by the claimant, or is approved by the Commissioner, may submit a mediation request on behalf of the claimant.

An officer of a trade union of employees may submit a mediation request on behalf of any claimant who —

is a member of the trade union; and

is an employee who belongs to any class of employees in respect of whom the trade union has been accorded or given recognition under section 17 of the Industrial Relations Act 1960 by the employer of those employees.

An officer of a trade union of employees that is a recognised trade union may submit a mediation request on behalf of any claimant who —

is a member of the trade union; and

is an executive employee who may be represented individually by the trade union under Part 4 of the Industrial Relations Act 1960.

Where a claimant is below 18 years of age, a parent or guardian of the claimant may submit a mediation request on behalf of the claimant.

Where a claimant is (in the opinion of the Commissioner) unable to present his or her own case by reason of illiteracy or infirmity of mind or body (not amounting to a lack of capacity within the meaning of section 4 of the Mental Capacity Act 2008), a person who is authorised in writing by the claimant, or is approved by the Commissioner, may submit a mediation request on behalf of the claimant.

The requirements prescribed for section 3(3)(b)(ii) of the Act for a specified employment dispute to be listed in a mediation request (called in this regulation the present mediation request) are as follows:

the claimant is out of time to apply under regulation 10(2) to amend the list of specified employment disputes in the earlier mediation request mentioned in section 3(3)(b)(i) of the Act (called in this regulation the earlier mediation request) to include the specified employment dispute mentioned in section 3(3)(b) of the Act (called in this regulation the relevant dispute);

the amount alleged to be payable under the relevant dispute does not exceed the difference between —

the prescribed claim limit in section 12(7) of the Act that is applicable to the claimant; and

the total of any of the following amounts that may be applicable to the claimant:

the total amount alleged to be payable under the unresolved specified employment disputes listed in the earlier mediation request, as specified in a claim referral certificate issued under section 6(2) of the Act;

the total amount payable under any settlement agreement entered into under section 7(1)(a) of the Act at a mediation under Part 2 of the Act conducted pursuant to the earlier mediation request;

the relevant dispute satisfies the requirements in section 3(3)(a)(i), (ii) and (iii) of the Act to be listed in the present mediation request.

For the purposes of section 3(3)(d) of the Act, the prescribed fee payable by a claimant for a mediation request is the total of the following sums, where applicable:

where the total amount alleged to be payable in respect of all of the specified contractual disputes and specified statutory disputes listed in the mediation request does not exceed $10,000 — $10;

where the total amount alleged to be payable in respect of all of the specified contractual disputes and specified statutory disputes listed in the mediation request exceeds $10,000 — $20;

where the total amount alleged to be payable in respect of any wrongful dismissal dispute listed in the mediation request does not exceed $10,000 — $10;

where the total amount alleged to be payable in respect of any wrongful dismissal dispute listed in the mediation request exceeds $10,000 — $20.

For the purposes of section 3(4)(c) of the Act, the Commissioner may pay the whole or a part of the prescribed fee mentioned in section 3(3)(d) of the Act to Tripartite Alliance Limited.

A claimant who is dissatisfied with a decision made by the Commissioner under section 3(4)(a) or (b) of the Act may apply to the Commissioner to review the decision.

The claimant’s application under paragraph (1) must be made in writing within 14 days after the date of the Commissioner’s decision under section 3(4)(a) or (b) of the Act.

The decision of the Commissioner on the review is final.

A claimant who is dissatisfied with a decision made by the Commissioner under section 3(4)(a) or (b) of the Act may apply to the Commissioner to review the decision.

The claimant’s application under paragraph (1) must be made in writing within 14 days after the date of the Commissioner’s decision under section 3(4)(a) or (b) of the Act.

The decision of the Commissioner on the review is final.

This regulation applies where the Commissioner has referred, under section 3(5) of the Act, every specified employment dispute listed in a claimant’s mediation request for mediation by an approved mediator.

Subject to paragraphs (3) and (4), the claimant may apply to the approved mediator to amend the list of specified employment disputes in the mediation request at any time before —

the issue of a claim referral certificate under section 6(2) of the Act in respect of any specified employment dispute listed in the mediation request; or

the claimant enters into a settlement agreement under section 7(1) of the Act in respect of any specified employment dispute listed in the mediation request.

The claimant cannot apply to amend the list of specified employment disputes in the mediation request to include a dispute mentioned in paragraph (a), (b), (c), (d), (e), (f) or (g) of section 3(2) of the Act, if the mediation request was submitted to the Commissioner after the expiry of the period mentioned in the applicable paragraph.

The claimant cannot apply to amend the list of specified employment disputes in the mediation request in a manner that is inconsistent with section 3(3) of the Act.

This regulation applies where the Commissioner has referred, under section 3(5) of the Act, every specified employment dispute listed in a claimant’s mediation request for mediation by an approved mediator.

Subject to paragraphs (3) and (4), the claimant may apply to the approved mediator to amend the list of specified employment disputes in the mediation request at any time before —

the issue of a claim referral certificate under section 6(2) of the Act in respect of any specified employment dispute listed in the mediation request; or

the claimant enters into a settlement agreement under section 7(1) of the Act in respect of any specified employment dispute listed in the mediation request.

The claimant cannot apply to amend the list of specified employment disputes in the mediation request to include a dispute mentioned in paragraph (a), (b), (c), (d), (e), (f) or (g) of section 3(2) of the Act, if the mediation request was submitted to the Commissioner after the expiry of the period mentioned in the applicable paragraph.

The claimant cannot apply to amend the list of specified employment disputes in the mediation request in a manner that is inconsistent with section 3(3) of the Act.

Unless an approved mediator decides that section 4(2) of the Act applies, upon receiving a mediation request, the approved mediator must, as soon as reasonably practicable —

give the respondent a written notice —

inviting the respondent to attend a mediation under Part 2 of the Act; and

stating the date, time and place (which may be an online location) of the mediation; and

give the claimant a written notice stating the date, time and place (which may be an online location) of the mediation.

If the approved mediator decides that section 4(2) of the Act applies, the approved mediator must notify the respondent that —

a claim relating to a specified employment dispute has been made by a claimant against the respondent; and

the approved mediator has issued a claim referral certificate to the claimant under section 6(2)(c) of the Act.

The written notice under paragraph (1)(a) must be accompanied by the list of specified employment disputes in the mediation request.

The approved mediator may, on his or her own initiative, or at the request of the claimant or the respondent or both of them, adjourn the mediation session to another date and time.

The approved mediator may require the claimant or the respondent to submit, within the time required by the approved mediator, any document or information that the approved mediator considers necessary to —

make a decision whether paragraph (1) or section 4(2) of the Act applies; or

decide on any other matter in relation to any specified employment dispute listed in the mediation request.

Unless an approved mediator decides that section 4(2) of the Act applies, upon receiving a mediation request, the approved mediator must, as soon as reasonably practicable —

give the respondent a written notice —

inviting the respondent to attend a mediation under Part 2 of the Act; and

stating the date, time and place (which may be an online location) of the mediation; and

give the claimant a written notice stating the date, time and place (which may be an online location) of the mediation.

If the approved mediator decides that section 4(2) of the Act applies, the approved mediator must notify the respondent that —

a claim relating to a specified employment dispute has been made by a claimant against the respondent; and

the approved mediator has issued a claim referral certificate to the claimant under section 6(2)(c) of the Act.

The written notice under paragraph (1)(a) must be accompanied by the list of specified employment disputes in the mediation request.

The approved mediator may, on his or her own initiative, or at the request of the claimant or the respondent or both of them, adjourn the mediation session to another date and time.

The approved mediator may require the claimant or the respondent to submit, within the time required by the approved mediator, any document or information that the approved mediator considers necessary to —

make a decision whether paragraph (1) or section 4(2) of the Act applies; or

decide on any other matter in relation to any specified employment dispute listed in the mediation request.

Where an approved mediator is unable to continue mediation under the Act because of death, illness or any other cause, another approved mediator may continue the mediation.

For the purposes of section 5(3) of the Act, a party to a mediation under Part 2 of the Act who is specified in the first column of the First Schedule may be represented at the mediation by an individual specified opposite in the second column, in the circumstances specified opposite in the third column.

A claim referral certificate issued under section 6(2) or 7(7)(a) of the Act must be in the applicable form provided at the website of the Ministry of Manpower at https://www.mom.gov.sg for the specified employment dispute concerned.

This regulation applies in relation to —

a claim referral certificate in respect of one or more claims that have not been determined by a tribunal; or

a settlement agreement entered into under section 7(1) of the Act that has not been registered in a District Court.

An approved mediator may correct any error in, or any defect in the form of, a claim referral certificate or settlement agreement —

on the approved mediator’s own initiative; or

on the application of one of the following persons:

in a case of a claim referral certificate — by the claimant concerned;

in a case of a settlement agreement — by any party to the settlement agreement.

An approved mediator who corrects an error or defect in form under this regulation must —

issue an amended claim referral certificate to the claimant concerned; or

provide a new settlement agreement to be entered into in accordance with section 7(1) of the Act.

In this regulation, “error” means any misnomer, misspelling, misprint, mistake, inaccuracy, omission or any error of any other description that is accidental or inadvertent.

This regulation applies in relation to —

a claim referral certificate in respect of one or more claims that have not been determined by a tribunal; or

a settlement agreement entered into under section 7(1) of the Act that has not been registered in a District Court.

An approved mediator may correct any error in, or any defect in the form of, a claim referral certificate or settlement agreement —

on the approved mediator’s own initiative; or

on the application of one of the following persons:

in a case of a claim referral certificate — by the claimant concerned;

in a case of a settlement agreement — by any party to the settlement agreement.

An approved mediator who corrects an error or defect in form under this regulation must —

issue an amended claim referral certificate to the claimant concerned; or

provide a new settlement agreement to be entered into in accordance with section 7(1) of the Act.

In this regulation, “error” means any misnomer, misspelling, misprint, mistake, inaccuracy, omission or any error of any other description that is accidental or inadvertent.