In forceAmended2020 Revised Edition

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Industrial Relations Act 1960 · 2020 Revised Edition · Part 4 · Limited Representation of Executive Employees

30A. Limited representation of executive employees

Amended

Last amended by an amending law of 2015.

(1)

Notwithstanding section 17, a recognised trade union may represent any executive employee individually, and not as a class, for all or any of the following purposes only:

(a)

to make representations to the Minister under section 35(3);

(b)

upon the retrenchment of the executive employee, to negotiate with the employer with a view to resolving any dispute relating to the retrenchment benefit payable to the executive employee;

(c)

to negotiate with the employer with a view to resolving any dispute relating to a breach of contract of employment by the executive employee or the employer;

(d)

to represent the executive employee in proceedings before a Court in respect of the dismissal or reinstatement of the executive employee in circumstances arising out of a contravention of section 82 or any matter referred to in paragraph (b) or (c);

(e)

to negotiate with the employer with a view to resolving any re‑employment dispute as defined in section 8A(4) of the Retirement and Re‑employment Act 1993.

(2)

Where a recognised trade union seeks to represent an executive employee under subsection (1), the employer may object to such representation only on the ground that the executive employee —

(a)

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;

(b)

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;

(c)

performs any function or duty which includes representing the employer in any negotiation relating to any industrial matter;

(d)

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

(e)

performs or exercises any other function, duty or power which may give rise to a real or potential conflict of interest if he is represented by the trade union.

(3)

Where an employer raises any objection under subsection (2), the employer and the trade union shall make a joint application to a Court for the determination of the question.

(4)

Until the Court gives its decision, the recognised trade union may continue to represent other executive employees whose representation by the trade union under subsection (1) is not objected to by the employer under subsection (2).

(5)

The powers of a Court under subsection (3) shall be exercisable by the Court constituted by the president alone.

Terms defined in this Act

Court
Defined · s 2
“Court” means an Industrial Arbitration Court established under section 3;
Open s 2
employer
Defined · s 2
“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;
Open s 2
executive employee
Defined · s 2
“executive employee”, in relation to an employer, means an employee who is employed in a managerial or an executive position by the employer;
Open s 2
president
Defined · s 2
“president” means the president or the deputy president of the Courts and includes an acting president or acting deputy president;
Open s 2
recognised trade union
Defined · s 30
“recognised trade union” means a trade union the majority of whose membership consists of non‑executive employees and which has been accorded recognition by an employer under section 17 in respect of any non‑executive employees.(2) For the purposes of this Part, the Minister charged with the responsibility for human resource management in the Civil Service shall be deemed to be the employer of employees of the Government. In this Part, unless the context otherwise requires,
Open s 30
trade union
Defined · s 2
“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;
Open s 2