26.—(1) Section 2(1) of the Employment Claims Act 2016 (Act 21 of 2016) is amended —(a) | by deleting the definitions of “specified employment dispute” and “specified statutory dispute” and substituting the following definitions:“ “specified employment dispute” means a specified contractual dispute, a specified statutory dispute or a wrongful dismissal dispute; |
“specified statutory dispute” means a dispute, relating to a payment of an amount of money, about any matter specified in the Second Schedule;”; |
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| (b) | by deleting the definition of “tripartite guidelines” and substituting the following definitions:“ “tripartite guidelines on re‑employment” means the guidelines relating to re‑employment issued under section 11B of the Retirement and Re‑employment Act (Cap. 274A); |
“tripartite guidelines on wrongful dismissal” means the guidelines issued under section 34A on what constitutes wrongful dismissal;”; and |
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| (c) | by deleting the full‑stop at the end of the definition of “workman” and substituting a semi‑colon, and by inserting immediately thereafter the following definition:“ “wrongful dismissal dispute” means a dispute, relating to the dismissal of an employee, specified in the Third Schedule.”. |
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(2) Section 3 of the Employment Claims Act 2016 is amended —(a) | by inserting, immediately after paragraph (c) of subsection (2), the following paragraphs:“(ca) | for any wrongful dismissal dispute in relation to which an employee may lodge a claim mentioned in section 14(2) of the Employment Act — not later than one month after the date of the dismissal of the employee; | (cb) | for any wrongful dismissal dispute in relation to which a female employee may lodge a claim mentioned in section 84(2) of the Employment Act — within 2 months after the date of the employee’s confinement;”; |
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| (b) | by deleting paragraph (d) of subsection (2) and substituting the following paragraph:“(d) | for any specified employment dispute (not being a dispute mentioned in paragraph (a), (b), (c), (ca) or (cb)) where an employment relationship has ended (whether due to the retirement of the employee, or the expiry or termination of the contract of service, or otherwise) — not later than 6 months after the last day of employment of the employee;”; |
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| (c) | by deleting sub‑paragraph (i) of subsection (3)(a) and substituting the following sub‑paragraph:“(i) | if there is a claim for an amount relating to the dispute, that claim satisfies the requirements in section 12(2), (3) and (4);”; and |
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| (d) | by deleting paragraph (c) of subsection (3) and substituting the following paragraph:“(c) | must not list a specified employment dispute if —(i) | there is a claim for an amount relating to the dispute; and | (ii) | under section 16, that claim cannot be lodged by the claimant with a tribunal; and”. |
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(3) Section 4 of the Employment Claims Act 2016 is amended —(a) | by deleting the words “subsection (5)(a) or (b)” in subsection (4)(a) and (b) and substituting in each case the words “subsection (5)(a), (b) or (c)”; | (b) | by deleting the word “or” at the end of subsection (5)(a); and | (c) | by deleting the full‑stop at the end of paragraph (b) of subsection (5) and substituting the word “; or”, and by inserting immediately thereafter the following paragraph:“(c) | the same claimant has submitted to the Commissioner 2 or more mediation requests for the mediation under this Part of specified employment disputes (each concerning the recovery, under section 65 of the Employment Act (Cap. 91), of the same salary) with different respondents.”. |
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(4) Section 7(1) of the Employment Claims Act 2016 is amended by deleting paragraph (b) and substituting the following paragraphs:“(b) | the total amount payable to a party under the settlement agreement, in respect of every specified contractual dispute (if any) and every specified statutory dispute (if any) settled at the mediation, must not exceed the prescribed claim limit in section 12(7)(a) that is applicable to that party; | (ba) | the total amount payable to a party under the settlement agreement, in respect of every wrongful dismissal dispute (if any) settled at the mediation, must not exceed the prescribed claim limit in section 12(7)(b) that is applicable to that party; and”. |
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(5) Section 12 of the Employment Claims Act 2016 is amended —(a) | by deleting the words “the amount claimed” in subsection (2)(a) and substituting the words “an amount claimed (if any)”; | (b) | by deleting subsection (3) and substituting the following subsection:“(3) The claim must be for either or both of the following:(a) | one or more amounts alleged to be payable by the respondent to the claimant; | (b) | reinstatement, by the respondent, of the claimant in the claimant’s former employment, in a case where the claim is lodged in respect of a wrongful dismissal dispute.”; |
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| (c) | by deleting subsection (7) and substituting the following subsection:“(7) The total amount alleged to be payable under the claim must satisfy the following conditions:(a) | the total amount alleged to be payable under the claim, in respect of every specified contractual dispute (if any) and every specified statutory dispute (if any) for which the claim is lodged, must not exceed the prescribed claim limit applicable to the claimant for the purposes of this paragraph; | (b) | the total amount alleged to be payable under the claim, in respect of every wrongful dismissal dispute (if any) for which the claim is lodged, must not exceed the prescribed claim limit applicable to the claimant for the purposes of this paragraph.”; and |
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| (d) | by deleting the words “claim limit in subsection (7)” in subsection (8)(e) and substituting the words “claim limits in subsection (7)(a) and (b)”. |
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(6) Section 15 of the Employment Claims Act 2016 is amended —(a) | by deleting subsection (1) and substituting the following subsection:“(1) Where —(a) | the total amount alleged to be payable under a claim, in respect of every specified contractual dispute (if any) and every specified statutory dispute (if any) for which the claim is lodged, exceeds the prescribed claim limit in section 12(7)(a) that is applicable to the claimant; or | (b) | the total amount alleged to be payable under a claim, in respect of every wrongful dismissal dispute (if any) for which the claim is lodged, exceeds the prescribed claim limit in section 12(7)(b) that is applicable to the claimant, |
the claimant may abandon the excess amount.”; and |
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| (b) | by deleting paragraph (a) of subsection (2) and substituting the following paragraph:“(a) | the requirement in section 12(7) is deemed to be satisfied in relation to the claim;”. |
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(7) Section 16 of the Employment Claims Act 2016 is amended —(a) | by deleting the words “for an amount” in subsections (1) and (2); | (b) | by deleting the words “that amount” in subsections (1)(a) and (2) and substituting in each case the words “that claim”; | (c) | by deleting sub‑paragraphs (i) and (ii) of subsection (3)(a); | (d) | by deleting the words “or that referral (as the case may be)” in subsections (3)(b)(i) and (ii) and (4)(b); | (e) | by deleting sub‑paragraphs (i) and (ii) of subsection (4)(a); and | (f) | by inserting, immediately after subsection (4), the following subsections:“(4A) Where an employee is dismissed, the employee cannot lodge with a tribunal a claim relating to a wrongful dismissal dispute, if —(a) | the employee has made representations in writing under section 35(3) of the Industrial Relations Act to the Minister mentioned in that provision; and | (b) | either of the following applies:(i) | the employee does not withdraw those representations; | (ii) | the Minister concerned makes a decision on those representations. |
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(4B) Where an employee is dismissed, and the employee lodges with a tribunal a claim relating to a wrongful dismissal dispute —(a) | the claim is deemed to be discontinued, if the employee makes representations in writing under section 35(3) of the Industrial Relations Act to the Minister mentioned in that provision; and | (b) | the claim is deemed to be discontinued with effect from the date on which the employee makes those representations.”. |
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(8) Section 18 of the Employment Claims Act 2016 is amended —(a) | by inserting, immediately after the words “subsections (2),” in subsection (1), “(2A),”; and | (b) | by inserting, immediately after subsection (2), the following subsection:“(2A) A tribunal may permit an officer appointed under section 3(2) of the Employment Act to participate in any proceedings before a tribunal by doing one or more of the following:(a) | giving evidence in the proceedings; | (b) | producing any document, record or thing that is relevant to the proceedings; | (c) | making submissions in the proceedings.”. |
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(9) Section 20 of the Employment Claims Act 2016 is amended —(a) | by inserting, immediately after the words “tripartite guidelines” in subsection (6), the words “on re‑employment”; and | (b) | by inserting, immediately after subsection (6), the following subsection:“(6A) When deciding any claim involving a wrongful dismissal dispute, a tribunal —(a) | is to have regard to the tripartite guidelines on wrongful dismissal; and | (b) | if any compensation is claimed, is to calculate the amount of that compensation in accordance with any regulations made under section 34(1).”. |
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(10) Section 21 of the Employment Claims Act 2016 is amended by inserting, immediately after subsection (1), the following subsection:“(1A) A tribunal may draw such inferences as the tribunal thinks fit from a party’s failure to comply with any obligation of that party under any written law specified in the Fourth Schedule, including (but not limited to) an inference that any evidence that is not available on account of that party’s failure to comply with that obligation would, if produced, have been unfavourable to that party.”. |
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(11) Section 22 of the Employment Claims Act 2016 is amended —(a) | by deleting the full‑stop at the end of paragraph (c) of subsection (1) and substituting a semi‑colon, and by inserting immediately thereafter the following paragraph:“(d) | an order requiring an employer to reinstate an employee in the employee’s former employment.”; and |
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| (b) | by deleting subsection (4) and substituting the following subsections:“(4) The total amount of money that a tribunal orders to be paid to a party under subsection (1)(a), in respect of every specified contractual dispute (if any) and every specified statutory dispute (if any) for which a claim is lodged, must not exceed the prescribed claim limit in section 12(7)(a) that is applicable to the party. |
(4A) The total amount of money that a tribunal orders to be paid to a party under subsection (1)(a), in respect of every wrongful dismissal dispute (if any) for which a claim is lodged, must not exceed the prescribed claim limit in section 12(7)(b) that is applicable to the party.”. |
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(12) Section 25 of the Employment Claims Act 2016 is amended —(a) | by inserting, immediately after the words “tripartite guidelines” in subsection (3), the words “on re‑employment”; and | (b) | by inserting, immediately after subsection (3), the following subsection:“(4) When deciding an appeal against an order made by a tribunal on a claim involving a wrongful dismissal dispute, the High Court —(a) | is to have regard to the tripartite guidelines on wrongful dismissal; and | (b) | if any compensation is claimed, is to calculate the amount of that compensation in accordance with any regulations made under section 34(1).”. |
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(13) The Employment Claims Act 2016 is amended by renumbering section 27 as subsection (1) of that section, and by inserting immediately thereafter the following subsection:“(2) In any proceedings under this Act before a tribunal or the High Court, the following apply:(a) | where an employee is dismissed without notice by an employer under section 14(1) of the Employment Act, and the employee lodges a claim mentioned in section 14(2) of that Act against the employer — the employer bears the burden of proving the allegation that the employee was dismissed with just cause or excuse; | (b) | where an employee is dismissed with notice by an employer, and the notice of dismissal is or purports to be given on the ground that there has been poor performance or misconduct by the employee — the employer bears the burden of proving that ground for giving the notice of dismissal; | (c) | where a notice of dismissal is given to a female employee by an employer in the circumstances mentioned in section 84(1)(a), (b) or (c) of the Employment Act, and the female employee lodges a claim mentioned in section 84(2) of that Act against the employer — the employer bears the burden of proving the allegation that the female employee was dismissed with sufficient cause; | (d) | where a notice of dismissal is given to a female employee mentioned in section 12(1) of the Child Development Co‑Savings Act by an employer in the circumstances mentioned in section 84(1)(a), (b) or (c) of the Employment Act (as applied to the female employee), and the female employee lodges a claim mentioned in section 84(2) of the Employment Act (as applied to the female employee) against the employer — the employer bears the burden of proving the allegation that the female employee was dismissed with sufficient cause.”. |
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(14) Section 29 of the Employment Claims Act 2016 is amended by inserting, immediately after subsection (1), the following subsection:“(1A) Despite section 18, a tribunal magistrate or a Registrar may publish information relating to an order or a decision of a tribunal.”. |
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(15) Section 32(1) of the Employment Claims Act 2016 is amended by deleting the words “either or both of the First and Second Schedules” and substituting the words “any of the Schedules”. |
(16) Section 34(1) of the Employment Claims Act 2016 is amended by inserting, immediately after paragraph (a), the following paragraph:“(aa) | to prescribe how compensation is to be computed in a claim relating to a wrongful dismissal dispute;”. |
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(17) The Employment Claims Act 2016 is amended by inserting, immediately after section 34, the following section:“Tripartite guidelines on wrongful dismissal |
34A.—(1) The Minister may issue guidelines on what constitutes wrongful dismissal in the form of tripartite guidelines.(2) Upon the publication of those guidelines in the Gazette, regard may be had to those guidelines for the purposes of sections 20(6A) and 25(4).”. |
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(18) The Second Schedule to the Employment Claims Act 2016 is amended —(a) | by deleting the words “section 43(1), (2), (6) and (7)” in item 23 and substituting the words “section 88A(1), (2), (6) and (7)”; and | (b) | by deleting the words “, when employed in a managerial or an executive position,” in items 30A and 36A. |
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(19) The Employment Claims Act 2016 is amended by inserting, immediately after the Second Schedule, the following Schedules:Wrongful dismissal disputes |
1. | Any dispute, in relation to which an employee may lodge a claim mentioned in section 14(2) of the Employment Act, over whether the employee has been dismissed without just cause or excuse by an employer. |
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2. | Any dispute, in relation to which a female employee may lodge a claim mentioned in section 84(2) of the Employment Act, over whether a notice of dismissal given by an employer to the female employee in the circumstances mentioned in section 84(1)(a), (b) or (c) of that Act was or was not given for sufficient cause. |
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3. | Any dispute, in relation to which a female employee mentioned in section 12(1) of the Child Development Co‑Savings Act may lodge a claim mentioned in section 84(2) of the Employment Act (as applied to the female employee), over whether a notice of dismissal given by an employer to the female employee in the circumstances mentioned in section 84(1)(a), (b) or (c) of the Employment Act (as applied to the female employee) was or was not given for sufficient cause. |
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Specified obligations under written law |
1. | An employer’s obligations under sections 95, 95A and 96 of the Employment Act |
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2. | An employer’s obligations under paragraph 6A of Part IV of the Fourth Schedule to the Employment of Foreign Manpower (Work Passes) Regulations 2012 (G.N. No. S 569/2012) |
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3. | An employer’s obligations under paragraph 5 of Part II of the Fifth Schedule to the Employment of Foreign Manpower (Work Passes) Regulations 2012”. |
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