PART 9
MISCELLANEOUS
Penalties imposed upon persons observing award
78.—(1)  A person bound by an award shall not —
(a)be subject to expulsion from any trade union or to any fine or penalty or to any deprivation of any right or benefit to which he or his legal personal representative would otherwise be entitled; or
(b)be liable to be placed in any respect either directly or indirectly under any disability or at any disadvantage as compared with other members of the trade union,
by reason of the fact that he has worked or is working or intends to work in accordance with the terms of an award.
(2)  If a trade union or the body by whatever name called to which the management of the affairs of the trade union is entrusted declares that it —
(a)expels or intends to expel any member; or
(b)imposes or intends to impose any fine, penalty, deprivation, disability or disadvantage upon a member,
where the expulsion, fine, penalty, deprivation, disability or disadvantage would be contrary to subsection (1), the trade union shall be guilty of an offence and shall be liable on conviction by a District Court to a fine not exceeding $5,000.
[36/2010]
Inducing persons not to join trade unions
79.—(1)  A person who, by conferring or procuring or offering to confer or procure any advantage on or for any person, induces or attempts to induce a person —
(a)not to become a member or officer of a trade union or an association that has applied to be registered as a trade union; or
(b)to cease to be a member or officer of a trade union or of any such association,
shall be guilty of an offence and shall be liable on conviction by a District Court to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
[36/2010]
(2)  It shall not be an offence for an employer to require, as a condition of the appointment or promotion of a person to a position of an executive employee as described in section 17(3), that the person shall not be or continue to be an officer or a member of a particular trade union unless that trade union is a trade union whose constitution and rules restrict its membership to executive employees.
[1/2015]
Employers not to discriminate against members of trade unions
80.  Any employer who, in the engagement of persons for employment, discriminates against a person by reason of the circumstance that that person —
(a)is or proposes to become an officer or member of a trade union or an association that has applied to be registered as a trade union;
(b)will, if engaged, be entitled to the benefit of a collective agreement or an award; or
(c)has appeared as a witness, or has given any evidence, in any proceeding under this Act,
shall be guilty of an offence and shall be liable on conviction by a District Court to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
[36/2010]
Leave on trade union business
81.—(1)  An employee intending to carry out his duties or to exercise his rights as an officer of a trade union shall apply in writing to his employer for leave of absence stating the duration of and the purposes for which the leave is applied for.
(2)  The employer shall grant the application for leave if the duration of the leave applied for is for a period that is not longer than what is reasonably required for the purposes stated in the application.
(3)  An employee shall not be entitled to leave with pay for the duration of his absence if the purposes for which he is absent from work are not to represent the members of his trade union in relation to industrial matters concerning his employer.
Injuring employee on account of industrial action
82.—(1)  An employer shall not dismiss or threaten to dismiss an employee or injure or threaten to injure him in his employment or alter or threaten to alter his position to his prejudice, by reason of the circumstance that the employee —
(a)is, or proposes to become, an officer or member of a trade union or an association that has applied to be registered as a trade union;
(b)is entitled to the benefit of a collective agreement or an award;
(c)has appeared or proposes to appear as a witness, or has given or proposes to give any evidence, in any proceedings under this Act;
(d)being a member of a trade union which is seeking to improve working conditions, is dissatisfied with such working conditions;
(e)is a member of a trade union which has served a notice under section 18 or which is a party to negotiations under this Act or to a trade dispute which has been notified to the Registrar in accordance with Part 3;
(f)has absented himself from work without leave for the purpose of carrying out his duties or exercising his rights as an officer of a trade union where he applied for leave in accordance with section 81 before he absented himself and leave was unreasonably deferred or withheld; or
(g)being a member of a panel appointed under section 6, has absented himself from work for the purpose of performing his functions and duties as a member of a Court and has notified the employer before he absented himself.
(2)  An employer who contravenes any provision of subsection (1) shall be guilty of an offence and shall be liable on conviction by a District Court to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
[36/2010]
(3)  Where an employer has been convicted of an offence punishable under subsection (2), the Court by which the employer is convicted may order that the employer pay to the employee the amount of any wages lost by him and also direct the employer to reinstate the employee in his former position or a similar position.
(4)  Where an amount ordered to be paid under subsection (3) is not paid in accordance with the order, the amount or so much thereof as remains unpaid shall be recoverable as if it were a fine and the amount so recovered shall be paid to the employee entitled under the order.
(5)  An employer who fails to comply with a direction given under subsection (3) shall be guilty of an offence and shall be liable on conviction by a District Court to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
[36/2010]
(6)  Nothing in this section shall be construed as prohibiting a Court from inquiring into the dismissal or the reinstatement of an employee who has been allegedly dismissed in contravention of this section before any proceedings have commenced in a District Court.
Injuring employer on account of industrial action
83.  An employee who ceases work in the service of his employer by reason of the circumstance that the employer —
(a)is an officer or member of a trade union or of an association that has applied for registration as a trade union;
(b)is entitled to the benefit of a collective agreement or an award; or
(c)has appeared as a witness, or has given any evidence, in a proceeding under this Act,
shall be guilty of an offence and shall be liable on conviction by a Magistrate’s Court to a penalty not exceeding $1,000.
[36/2010]
Onus of proof and prosecution
84.—(1)  In any proceedings for an offence under section 82 or 83 if all the facts and circumstances constituting the offence, other than the reason for the defendant’s action, are proved, the onus shall be on the defendant to prove that he was not actuated by the reason alleged in the charge.
(2)  No prosecution shall be instituted in respect of an offence under section 79, 82 or 83 without the previous written consent of the Public Prosecutor.
(3)  The Commissioner may authorise in writing any public officer to investigate complaints in respect of offences under this Act.
(4)  A public officer making an investigation under this section may, by order in writing, require the attendance before himself of any person being within the limits of Singapore who from the information given or otherwise appears to be acquainted with the circumstances of the case and such person shall attend as so required.
(5)  If any such person fails to attend as required under subsection (4), such public officer may report the failure to a Magistrate who may thereupon in his discretion issue a warrant to secure the attendance of that person as required by such order.
(6)  A public officer making an investigation under this section may examine orally any person supposed to be acquainted with the facts and circumstances of the case and shall reduce into writing any statement made by the person so examined.
(7)  A person examined under subsection (6) shall be bound to state truly the facts and circumstances with which he is acquainted concerning the case except only that he may decline to make with regard to any fact or circumstance a statement which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.
(8)  A statement made by any person under this section shall be read over to him and shall, after correction if necessary, be signed by him.
Penalties for offences for which no express penalty provided
85.  Any person guilty of an offence under this Act for which no express penalty is provided shall be liable on conviction by a Magistrate’s Court to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
[36/2010]
Annual reports
86.  The president shall, once in each year, furnish to the Minister for presentation to Parliament a report on the working of the provisions of this Act relating to the Courts, to arbitration and to the registration of collective agreements and of any other provision of this Act in relation to which he considers it appropriate to report, and in particular the extent to which the objects of this Act have been achieved and any considerations or circumstances which have prevented or hindered the achievement of those objects.
Regulations
87.—(1)  The Minister may make regulations generally for carrying out the provisions of this Act and in particular providing for all matters stated or required by this Act to be prescribed and for prescribing penalties for any contravention of any provision of any regulations made under this section, but so that no such penalty shall exceed $5,000.
[36/2010]
(2)  Without prejudice to the generality of subsection (1), the Minister may make regulations to provide for the manner in which a trade union of employees may obtain recognition from an employer and for matters incidental thereto.
(3)  All regulations made under this section shall be presented to Parliament as soon as possible after publication in the Gazette.
(4)  If a resolution is passed pursuant to a motion notice whereof has been given for a sitting day not later than the first available sitting day of Parliament next after the expiry of one month from the date when the regulations are so presented annulling the regulations or any part thereof as from a specified date, the regulations or such part thereof, as the case may be, shall thereupon become void as from that date but without prejudice to the validity of anything previously done thereunder or to the making of new regulations.
Power to compound offences
88.  The Commissioner may, in his discretion, compound such offence under this Act as may be prescribed as being an offence which may be compounded by accepting from the person reasonably suspected of having committed the offence a sum not exceeding $1,000.
[36/2010]