Singapore’s government has introduced several employment-related laws to help you resolve employment and salary-related disputes. Now the question arises, who can offer help for an employment dispute in Singapore.
We have outlined this article to explain the various methods for recourse available to employees in Singapore who need help regarding employment-related disputes.
Tripartite Alliance for Dispute Management (TADM)
What is the TADM?
The Tripartite Alliance for Dispute Management (TADM) was jointly formed by the tripartite partners, which involves the Ministry of Manpower (MOM), National Trades Union Congress (NTUC) and Singapore National Employers Federation (SNEF). As a result of this organization, you can seek advice and get mediation help to resolve salary-related disputes and wrongful dismissal cases.
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How can TADM help me resolve my dispute?
Mediation services
Mediation is a method for helping employees and employers constructively resolve employment disputes. It uses an independent mediator to help reach a fair and mutually beneficial agreement between both parties.
Who can and cannot request mediation?
Mediation is available to only employees who aren’t domestic workers, seafarers, or public officers. As a self-employed person, you may request mediation if you are facing any employment-related disputes.
In the case of self-employed individuals, they will need to schedule an advisory session at TADM so that the respective Advisory Officer can go through the details of the case and guide the rightful thing on whether mediation could be beneficial.
How can I bring my claim to TADM?
For salary-related disputes
If the complications are related to salary, you need to submit the request for mediation online. After that, you will be required to specify the claim’s relevant details, including the claim amount followed by the supporting documents. Some of the supporting documents include:
Key terms of your employment contract;
Statements of salary payments and CPF contributions (if available);
Resignation letter or letter of termination;
Any other relevant documentation to support your claim.
Once you have submitted the above-given document to support your claim after that, the mediation sessions will be organized. If you are a union member, you are advised to approach your union or NTUC to submit your claim.
You need to submit the medication request to TADM earliest as possible following the date of occurrence of the claim. If your employment has ended, your claim must be submitted within 6 months after leaving your previous employment. Nevertheless, if you are still working in the same organization, your claim must be submitted within one year after the date of the dispute.
Always keep in mind that you need to pay applicable registration fees. If your claim is S$10,000 or less, you must pay a fee of S$10, and if your claim is S$10,000 or more, you must pay a fee of S$20.
For wrongful dismissal claims
Likewise, wrongful dismissal complaints and salary disputes can both be submitted online for mediation. Along with the relevant claim details, including the claim amount and supporting documents as described above, you will be required to provide further information regarding the claim.
For both salary-related and wrongful dismissal claims
Always bear in mind that if you have salary-related and wrongful dismissal claims, you will require to file both claims separately.
For example, if your employer wrongfully dismissed you and your salary is still due, you will be required to sign up for Sing Pass to file your wrongful dismissal claim, log out, and sign up again to file your salary-related claim.
For other employment disputes
For issues not related to salary or other types of employment disputes, you can schedule an appointment to discuss your options with an advisor.
What happens after filing claim with TADM?
After submitting a mediation request, a session will be scheduled within four weeks. When you have a mediation session scheduled, please bring the following documentation:
Identification documents (NRIC, work pass card).
An employment contract or key employment terms.
Any documents supporting the claim or dispute, such as salary slips or payment records, termination notices, emails, or letters.
You need to bring along these documents mentioned above if you have scheduled an appointment with an advisory session, which will assist the advisor in better understanding your claim.
You must arrive on time for both the mediation and the advisory sessions.
2. Employment Claims Tribunals (ECT)
What is the ECT?
The ECT offers employers and employees the relevant forum to sort out all complications related to salary and irrelevant dismissal disputes if the dispute could not be solved via mediation at TADM cost-effectively and rapidly.
Always remember that you can only file the claim against the respondent situated within Singapore. The ECT does not have the authority to look after the lawsuits filed against the party located outside Singapore.
How can I bring my claim to the ECT?
When it comes to filing an employment claim, Tribunals through CJTS, you first need to file the claim with ECT within four weeks following the date and time you were issued with the Claim Referral Certificate by the TADM mediator.
Always keep in mind ECT only accept claims whose amount is within $20,000. Moreover, if the claim amount exceeds this limit and you still want to carry on with your case at ECT, in that case the exceeded amount will be abandoned.
Tripartite Mediation for NTUC Union Members
What is tripartite mediation?
In coordination with SNEF and NTUC, MOM introduced tripartite mediation as a new way for resolving employment disputes among eligible Professionals, Managers and Executives (PME) who are NTUC members and their respective employees.
People with executive and supervisory roles may qualify for PME status if they met the following criteria:
Should have a fixed basic monthly salary of up to S$4500;
They must be members of any registered trade union without any representation rights;
When it comes to tripartite mediation, then it normally considers the following types of employment disputes:
Non-payment of salary
Employment statutory benefits
Payment of retrenchment benefits
Breach of individual employment contract by the employer
Re-employment issues
Wrongful dismissal claims
How can tripartite mediation help me resolve my dispute?
TADM mediators are assisted by Tripartite Mediation Advisors (TMAs) during tripartite mediation.
A TMA is a professional working in industrial relations or human resources with decades of experience who can address your claim. The Minister of manpower appoints them after being nominated by the tripartite partners.
4. Ministry of Manpower (MOM)
What is the MOM?
MOM is solely responsible for formulating and implementing labor policies applicable to the Singaporean workforce.
What are the claims/disputes that MOM looks after?
Work injury compensation
The Work Injury Compensation Act (WICA) grants all the respective workers to file the claim concerning the work-related disease or injuries without approaching to the take legal action in the civil courts. It is usually considered one of the efficient and low-cost alternatives way to resolving the compensation claims without spending the expenses of hiring a lawyer to take legal action against the third party on your behalf.
Applicants may file claims for the following within one year of the date of the accident:
Medical leave wages.
Medical expenses.
The lump-sum compensation for permanent incapacity or death.
The WICA covers any local or foreign employee with a service contract or apprenticeship contract, no matter their salary, age, or citizenship. Additionally, this compensation act does not include domestic workers, uniform personal, self-employed and independent contractors.
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Employment infringements
The ministry of manpower looks after the cases and investigates the reports related to Employment infringements. Such cases include the violation of EA or workplace safety and health violations or lapses that the employer performed. Considering the situation, the Ministry of manpower will take the appropriate action against the concerned employer and help the employees solve all the related disputes and obtain the required claims.
Due to this, employers are encouraged to adhere to good labor practices and to follow the relevant laws and legislation.
How can I bring my claim?
Work injury compensation
Any person eligible for the work injury compensation act can file the claim via WIC submits online service. This service grants you to submit WICA claim-related documents online, acquire quick acknowledgment for submitted documents and keep complete track of status of claim.
Always keep in mind before you take legal action against the employer. It is recommended to approach your employer first and report to them regarding the work-related illness and accidents and ask for compensation regarding the same.
Your employer may dispute a work-related accident or illness, so you should file an incident report with MOM, who can help you with any potential disputes.
What happens after I bring my claim?
Once you have submitted the claim as per the work injury compensation act, you will undergo the medical assessment. Such medical assessment should be performed at any recognized Hospital or medical institution or if your respective employer asks you to visit the company-approved hospital or medical institution.
MOM calculates the compensation amount upon receiving the medical report. A Notice of Assessment (NOA) is sent to you, your employer, and your employer’s insurer so that they can be informed regarding the amount of compensation you’re entitled to.
5. Tripartite Alliance for Fair & Progressive Employment Practices (TAFEP)
What is the TAFEP?
TAFEP encourages employers, employees and the public to adopt fair, responsible and progressive employment practices. Employees who have faced workplace discrimination and/or harassment can get appropriate advice and assistance from the organization.
The following grounds can constitute discriminatory practices:
Age
Gender
Race
Religion
Language
Marital status and family responsibilities
Disability
How can I bring my claim to TAFEP?
If any time you have faced workplace discrimination or harassment, you will require filling up the online form and also keeping in mind that you have the following details in your hand while filing the complaint:
Your name and contact details;
NRIC number; and
Details of the incident of discrimination or harassment.
Once you have completed the online form, TAFEP might reach out to you for any further details regarding the case based on the information you have given in the form. They may also reach to your organization concerning the case. When following up on your report, TAFEP’s officers will talk to you about the matter so that they can determine what next steps can be taken in your case.
Moreover, suppose you have any concerns or objections with TAFEP regarding reaching your organization. In that case, you need to give them appropriate facts and reasons why TAFEP should not visit the organization regarding the matter.
What happens after I’ve filed my claim with TAFEP?
After you have filed your report, a TAFEP officer will get in touch with you to completely understand the incident of discrimination and/or harassment.
TAFEP will also approach the employer concerned to ensure fair employment practices and ensure there are no further discriminatory practices on the grounds mentioned above.
6. Civil Courts
The last option you are left with is to bring your employment dispute to court, as the mechanisms described above are intended to provide a cost-effective and amicable resolution of employment disputes.
Nonetheless, you may decide to file a civil lawsuit based on your claim or dispute in some cases.
Work injury compensation
The employees who are injured or had an accident at work have two options to file a claim; they can either file a claim under the work injury compensation act or file a civil suit within 1 year following the accident occurred. If you have filed a lawsuit concerning the employment-related disputes and then, later on, you wish to withdraw the case to pursue a civil claim, you have the authority to do so before MOM issues your NOA.
If you have made up your mind to withdraw the claim as per the worker’s injury compensation act and then decided to file a civil lawsuit against the employer. In that situation, you will require to file the case within the below given time frames:
The first scenario is that you can file the case within the period of 14 days following the date of service of the NOA only if there is no further objection by any of the parties.
You can file the case within 28 days following the date of service of NOA, provided the party does not agree to the compensation amount.
At any point in time before NOA is issued.
Always keep one thing in mind, unless you withdraw your claim as per the workers’ injury compensation act within the above given time frame, the court will not consider your civil case.
Workplace harassment
Under the Protection of Harassment Act (POHA), harassment within or outside the workplace may constitute an offense. If you actually want to protect yourself from any such harassing act, you need to apply for a Protection Order, Expedited Protection Order or Non-Publication Order from the State Courts.
You also have the option to sue your harasser for monetary compensation by filing a claim through the district court.
If any person has performed the illegal activity of harassment, it is considered a serious case of harassment. In that situation, you have the complete authority to file a police report or a Magistrate’s Complaint.
If you choose to pursue a civil case or seek criminal sanctions in these cases, you should consult with an attorney who will better guide you through the various procedures.
Conclusion
At last, you need to gather as much evidence as possible to support your case when you are looking to use any of the above ways to resolve employment-related disputes.
Even though these avenues are available to assist employees who need assistance, employees should always first attempt to resolve employment-related disputes and claims with their employers. besides this, you can visit Singapore translation if you require legal document translation service at an affordable cost.
