In forceAmended2020 Revised Edition

Contents

Industrial Relations Act 1960 · 2020 Revised Edition · Part 4A · Tripartite Mediation of Disputes Involving Employees

30I. Employer’s right to object

Amended

Last amended by an amending law of 2016. 3 amendments in all.

(1)

An employer may object to the eligibility of an employee to tripartite mediation but only on the ground that the employee is an executive employee who —

(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 or federation.

(2)

Where an employer wishes to raise any objection under subsection (1), the employer shall, within 14 days from the date of the direction referred to in section 30H(3)(c) (or such longer period as the Commissioner may, in his discretion, allow in any particular case), give notice of his objection in the prescribed form and manner to the Commissioner stating precisely the grounds of his objection.

(3)

In deciding whether the objection should stand, the Commissioner may consult one or more tripartite mediation advisors who, in the opinion of the Commissioner, are of sufficient standing and experience to advise and make recommendations to the Commissioner in relation to such objection.

(4)

Any tripartite mediation advisor who is consulted under subsection (3) shall not be assigned and shall not continue (if assigned) to assist the parties in the tripartite mediation under section 30H(3)(b).

(5)

The Commissioner’s decision as to whether any objection should stand shall be final.

Terms defined in this Act

Commissioner
Defined · s 2
“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;
Open s 2
employee
Defined · s 2
“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;
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
federation
Defined · s 30F
“federation” has the same meaning as in the Trade Unions Act 1940;
Open s 30F
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
tripartite mediation
Defined · s 30F
“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;
Open s 30F
tripartite mediation advisor
Defined · s 30F
“tripartite mediation advisor” means any tripartite mediation advisor appointed under section 30K;
Open s 30F