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Employers who may make claims, and employees against whom claims may be made

Employment Claims Regulations 2017

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—(1) For the purposes of section 12(2)(c) of the Act, a claim relating to a specified employment dispute concerning any matter specified in item 17 of the First Schedule to the Act, item 14 or 16 of the Second Schedule to the Act, or any other matter mentioned in section 12(2)(c)(ii) of the Act, may be made by an employer who —(a)being an individual — resides, or carries on a business, in Singapore; or(b)not being an individual — is incorporated or formed under any written law, or carries on a business in Singapore.(2) For the purposes of section 12(2)(c) of the Act, a claim relating to a specified employment dispute concerning any matter specified in item 17 of the First Schedule to the Act may be made by an employer mentioned in paragraph (1) only against an employee in relation to whom all of the following requirements are satisfied:(a)the employee works or worked under a contract of service with the employer;(b)the employee is any of the following:(i)a citizen of Singapore;(ii)a permanent resident of Singapore;(iii)a foreigner —(A)who has or had a valid work pass entitling the foreigner to work for the employer during the period when the dispute giving rise to the claim arose;(B)who had a valid work pass entitling the foreigner to work for the employer, whose work pass was cancelled or revoked through no fault of the foreigner, and who continued to work for the employer, during the period when the dispute giving rise to the claim arose, without knowing of the cancellation or revocation of the work pass; or(C)who, under any notification under section 4 of the Employment of Foreign Manpower Act 1990, is or was entitled to work for the employer during the period when the dispute giving rise to the claim arose, without holding a valid work pass;(c)the employee is not any of the following:(i)a seafarer;(ii)a domestic worker;(iii)a public officer;(iv)an employee of a statutory body.

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