36. Award relating to trade dispute over transfer of employment

Where the Court has cognizance of a trade dispute between a trade union and an employer arising from or connected with a transfer of employment, the Court’s power to make an award relating to the dispute under section 35 shall include the powers —

(a)

to delay or prohibit the transfer of employment of an employee who is a member of the trade union; and

(b)

to order that the transfer of employment of the employee who is a member of the trade union be subject to such terms as the Court considers just.

Terms defined in s 2

award
Defined · s 2
“award” means an award made by a Court;
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Court
Defined · s 2
“Court” means an Industrial Arbitration Court established under section 3;
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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;
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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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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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