31. Court to have cognizance of trade disputes

A Court shall have cognizance of a trade dispute where —

(a)

all the trade unions and employers who are parties to a trade dispute jointly make a request in writing to the Registrar that the trade dispute be submitted to arbitration;

(b)

a trade union or an employer who is a party to a trade dispute makes a request in writing to the Registrar that under section 50(1) of the Employment Act 1968 the trade dispute be submitted to arbitration;

(c)

a trade union which or an employer who is a party to a trade dispute as to any matter arising from or connected with a transfer of employment makes a request in writing, whether before or after the transfer of employment, to the Registrar that the trade dispute be submitted to arbitration;

(d)

the trade dispute relates to —

(i)

the retrenchment benefit payable to an executive employee who is represented by a recognised trade union under section 30A; or

(ii)

a breach of contract of employment by an executive employee who is represented by a recognised trade union under section 30A or his employer,and the employer or the recognised trade union representing the executive employee makes a request in writing to the Registrar that the trade dispute be submitted to arbitration;

(e)

the Minister by notice in the Gazette directs that the trade dispute be submitted to arbitration; or

(f)

the President of Singapore by proclamation declares that by reason of special circumstances it is essential in the public interest that a trade dispute be submitted to arbitration.

Terms defined in this Act

Court
Defined · s 2
“Court” means an Industrial Arbitration Court established under section 3;
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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;
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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;
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president
Defined · s 2
“president” means the president or the deputy president of the Courts and includes an acting president or acting deputy president;
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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,
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Registrar
Defined · s 2
“Registrar” means the Registrar of the Courts appointed under this Act and includes a Deputy Registrar and an Assistant Registrar;
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trade dispute
Defined · s 2
“trade dispute” means a dispute (including a threatened, impending or probable dispute) as to industrial matters;
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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;
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transfer of employment
Defined · s 2
“transfer of employment” means the transfer of an employee’s employment from the transferor of an undertaking to the transferee under section 18A of the Employment Act 1968;
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