Industrial Relations Act 1960 · 2020 Revised Edition · Part 3 · Collective Bargaining
17. Recognition of trade union of employees
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No trade union of employees which has not been given recognition by an employer in the prescribed manner may serve on that employer a notice under section 18.
trade union
“trade union” means a trade union of employees or employers registered under any written law for the time being in force relating to the registration of trade unions;
No trade union of employees whose constitution and rules do not permit it to admit as members any class of employees may seek recognition in respect of that class of employees or serve a notice under section 18 in respect of those employees.
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 —
executive employee
“executive employee”, in relation to an employer, means an employee who is employed in a managerial or an executive position by the employer;
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.
Where an employer raises the objection that a trade union should not represent certain employees or a class of employees, the employer and the trade union shall make a joint application to a Court for the determination of the question.
employer
“employer” means any person who employs another person under a contract of service and includes —(a)the Government in respect of such categories, classes or descriptions of officers or servants of the Government as from time to time are declared by the President of Singapore to be employees for the purposes of this Act;(b)a statutory authority;(c)a duly authorised agent or manager of an employer;(d)a person who owns, or is carrying on, or is for the time being responsible for the management or control of a profession, business, trade or work in which an employee is engaged;(e)for the purposes of Parts 5, 6 and 7, the transferor of an undertaking whose employment of employees is transferred by virtue of section 18A of the Employment Act 1968;
Until the Court gives its decision, the employer shall recognise the trade union in respect of other employees or class of employees in respect of whom the recognition of the trade union by the employer is not in dispute if the trade union represents the majority of such employees or class of employees.
Court
“Court” means an Industrial Arbitration Court established under section 3;
The powers of a Court under subsection (4) shall be exercisable by the Court constituted by the president alone.
president
“president” means the president or the deputy president of the Courts and includes an acting president or acting deputy president;
Subsection (1) shall not apply to the extent that a trade union of employees is deemed to be recognised by a transferee under section 18A(8) of the Employment Act 1968.
transferee
“transferee” means the person to whom an undertaking is transferred and who becomes the employer of the transferor’s employees by virtue of section 18A of the Employment Act 1968;