Trade Unions Act 1940 · 2020 Revised Edition · Part 4 · Rights and Liabilities of Trade Unions
27. Strike or industrial action
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A registered trade union (other than a registered trade union which is a combined federation) shall not commence, promote, organise or finance any strike or any form of industrial action affecting the whole or any section of its members without obtaining the consent, by secret ballot, of the majority of the members so affected.
registered trade union
“registered trade union” means a trade union registered under this Act;
A registered trade union (other than a registered trade union which is a combined federation) the majority of whose membership consists of non‑executive employees shall not commence, promote, organise or finance any strike or any form of industrial action in connection with any trade dispute between members who are executive employees that are represented by the trade union under section 30A of the Industrial Relations Act 1960 and their employer.
trade union
“trade union” means any association or combination of workmen or employers, whether temporary or permanent, whose principal object is to regulate relations between workmen and employers for all or any of the following purposes:(a)to promote good industrial relations between workmen and employers;(b)to improve the working conditions of workmen or enhance their economic and social status;(c)to achieve the raising of productivity for the benefit of workmen, employers and the economy of Singapore,and includes any federation;
A registered trade union which is a combined federation shall not commence, promote, organise or finance any strike or any form of industrial action affecting the whole or any section of its members.
Any registered trade union which, and every member of its executive who, contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000.
executive
“executive” means the body, by whatever name called, to which the management of the affairs of a trade union or of any branch thereof is entrusted;
A registered trade union which is a combined federation which, and every member of its executive who, contravenes subsection (2A) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000.
The members of a trade union who commence, promote, organise, participate or otherwise act in furtherance of any strike or any form of industrial action —
strike
“strike” means the cessation of work by a body of workmen employed in any trade, industry or calling acting in combination, or a concerted refusal, or a refusal under a common understanding of any number of workmen who are or have been so employed to continue to work or to accept employment;
where the consent of the majority of the members so affected has not been obtained by secret ballot; or
taken in contravention of the rules or by-laws of the trade union,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.
No member of a registered trade union who is an executive employee that is represented by the trade union under section 30A of the Industrial Relations Act 1960 shall commence, promote, organise, participate or otherwise act in furtherance of any strike or any form of industrial action taken by the trade union.
executive employee
“executive employee”, in relation to an employer, means an employee who is employed in a managerial or an executive position by the employer;
No member of a registered trade union the majority of whose membership consists of non‑executive employees shall commence, promote, organise, participate or otherwise act in furtherance of any strike or any form of industrial action in connection with any trade dispute between members who are executive employees that are represented by the trade union under section 30A of the Industrial Relations Act 1960 and their employer.
trade dispute
“trade dispute” means any dispute between employers and workmen or between workmen and workmen, or between employers and employers which is connected with the employment or non-employment, or the terms of employment or the conditions of work, of any person;
Nothing in subsection (2) or (6) shall preclude a registered trade union referred to in those subsections or any member of a registered trade union that is recognised by the employer in the manner prescribed under Part 3 of the Industrial Relations Act 1960 as a registered trade union representing that member from commencing, promoting, organising, financing, participating or otherwise acting in furtherance of any strike or any form of industrial action affecting the member in accordance with subsection (1).
employer
“employer” includes the Government in respect of such employees or of such categories, classes or descriptions of such employees as from time to time are declared by the President by notification in the Gazette to be deemed to be workmen for the purposes of this Act;
Any member of a registered trade union who contravenes subsection (5) or (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.
Any person who instigates or incites others to take part in or otherwise acts in furtherance of a strike or any form of industrial action —
where the consent of the majority of the members of a trade union so affected has not been obtained by secret ballot;
taken in contravention of the rules or by-laws of the trade union to which the majority of the persons taking part in the strike or industrial action belongs; or
taken in contravention of subsection (5) or (6),shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000.
For the purposes of investigating an offence under this section, the Registrar may by notice in writing require any person who he believes could assist him in his investigations to appear before him at such place and time as stated in the notice.
Registrar
“Registrar” means the person for the time being appointed by the Minister under section 3 by name or by office to be or to act as Registrar of Trade Unions, and includes any person appointed by the Minister under section 4 to be or to act as an Assistant Registrar of Trade Unions;
Any person who fails or neglects without reasonable excuse to comply with any notice under subsection (10) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.
Every person who has been required to appear before the Registrar under subsection (10) shall state truly the facts and circumstances of any strike or industrial action which he is acquainted with.
If any person fails to comply with subsection (12), he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.
In any proceedings for an offence under this section, the onus of proving that the requirements specified in subsection (1), (3), (4) or (9) have been complied with shall be on the registered trade union, the member of its executive or a member of the trade union or any accused person, as the case may be.
In this section, “industrial action” means the adoption of any practice, procedure or method in the performance of work which would result in a limitation on output or production in any occupation, service, trade, industry or business.
For the purposes of this section, where the majority of the membership of a registered trade union consists of non‑executive employees, the consent of its members who are executive employees that are represented by the trade union under section 30A of the Industrial Relations Act 1960 shall not be taken into account in ascertaining whether the consent of the majority of the members have been obtained under subsection (1).