Industrial Relations Act 1960 · 2020 Revised Edition · Part 4A · Tripartite Mediation of Disputes Involving Employees
30H. Procedure for seeking and conduct of tripartite mediation
Feedback & supportLast amended by an amending law of 2016. 2 amendments in all.
An employee who has a dispute with his employer may seek tripartite mediation by informing his trade union or any federation of which his trade union may be part of, of such dispute.
employee
“employee” means a person who has entered into or works under a contract of service with an employer and includes an officer or servant of the Government included in a category, class or description of such officers or servants declared by notification in the Gazette by the President of Singapore to be employees for the purposes of this Act, but does not include any person or class of persons whom the Minister may from time to time by notification in the Gazette declare not to be employees for the purposes of this Act;
The trade union or federation may notify the Commissioner of such dispute, in such form and manner as the Commissioner may determine.
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;
Upon receiving a notification of a dispute under subsection (2), the Commissioner may —
Commissioner
“Commissioner” means the Commissioner for Labour appointed under section 3 of the Employment Act 1968, and includes a Deputy Commissioner for Labour, a Principal Assistant Commissioner for Labour and an Assistant Commissioner for Labour under that Act;
direct a conciliation officer or an approved mediator to conduct tripartite mediation of the dispute;
assign or re-assign tripartite mediation advisors, at any stage prior to the commencement of the tripartite mediation proceedings, to assist the employee or his employer (who are parties to the relevant dispute) in the tripartite mediation;
direct the employee and the employer to participate in the tripartite mediation; and
of his own volition or upon request by either the employee or the employer, request any other party whom he deems appropriate, including but not limited to —
an officer from the trade union of which the employee is a member; and
a representative of any business organisation of which the employer is a member,to participate in the tripartite mediation by assisting the tripartite mediation advisors assigned under paragraph (b).
The conciliation officer or approved mediator may conduct the tripartite mediation session in such manner as he deems fit and shall, subject to subsection (5), have the discretion to decide on the persons who may attend any mediation session.
conciliation officer
“conciliation officer” means a conciliation officer appointed under section 28;
No party shall be represented by an advocate or solicitor or a paid agent at any mediation session.
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 —
tripartite mediation
“tripartite mediation” means mediation under this Part, between an employee and his employer, which is conducted —(a)by a conciliation officer or an approved mediator;(b)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(c)in an endeavour to reach a settlement in respect of disputes under section 30G;
the employer is given reasonable notice of, or is directed under subsection (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.
Despite subsection (6), if the employee is given reasonable notice of, or is directed under subsection (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.
approved mediator
“approved mediator” has the same meaning as in section 2(1) of the Employment Claims Act 2016;
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.
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;
In this section, a specified employment dispute that is a subject of a tripartite mediation is unresolved if the dispute —
specified employment dispute
“specified employment dispute” and “specified statutory dispute” have the same meanings as in section 2(1) of the Employment Claims Act 2016;
is not settled; and
is not withdrawn from being a subject of the tripartite mediation.