37. Where a specified employment dispute is settled at a mediation under Part 2 of the Act, or at a tripartite mediation conducted by an approved mediator, the parties to the settlement —
(a)
must enter into a settlement agreement in the form set out at the website of the Ministry of Manpower at https://www.mom.gov.sg.; and
(b)
may sign the settlement agreement by electronic means through the electronic platform of the Ministry of Manpower, accessible from https://www.mom.gov.sg.
[S 200/2022 wef 01/04/2022]
Period within which settlement agreement must be registered
38. For the purposes of section 7(2) of the Act, a District Court may refuse to register a settlement agreement if the application to register the settlement agreement is not made within 4 weeks after the date on which the settlement agreement is signed by all parties to the settlement agreement.
Application for registration of settlement agreement
39.—(1) Any party to a settlement agreement may, within 4 weeks after the date on which the settlement agreement is signed by all parties to the settlement agreement, apply (without notice to any other party) to a District Court for registration of the settlement agreement —
(a)
by filing the relevant Form with a true copy of the settlement agreement certified by the approved mediator who conducted the mediation; and
(b)
by paying the fee specified in item 14 of the First Schedule.
[S 200/2022 wef 01/04/2022]
(2) On registering a settlement agreement, the registrar of the State Courts must serve on the party who made an application under paragraph (1) a notice of registration.
(3) A party to a settlement agreement must, on receiving the notice of registration under paragraph (2), immediately send a copy of that notice, together with a copy of the registered settlement agreement, to each of the other parties to the settlement agreement.
Duration and renewal of registration
40.—(1) The registration of a settlement agreement is valid in the first instance for a period of 3 years beginning on the date of the registration.
(2) A District Court may by order extend the validity of the registration of a settlement agreement for a period, not exceeding 3 years at any one time, beginning on the day immediately after that on which the registration would otherwise expire, if an application for the extension is made to the District Court before that day or such later day (if any) as the District Court may allow.
(3) An application under paragraph (2) is made —
(a)
by filing the relevant form; and
(b)
by paying the fee specified in item 14 of the First Schedule.
Setting aside of registration of settlement agreement
41.—(1) Every application to a District Court to set aside the registration of a settlement agreement under section 7(4) of the Act must be made —
(a)
by filing the relevant Form within 7 days after the applicant receives the notice of registration mentioned in rule 39(3); and
(b)
by paying the fee specified in item 15 of the First Schedule.
(2) The application must be served by the applicant on the respondent within 7 days after the date on which the application is filed.
(3) Each party to the application —
(a)
must be informed by the registrar of the State Courts of the date and time for the hearing of the application by way of a notice in the relevant Form; and
(b)
must comply with any directions contained in that notice.
Register of settlement agreements
42.—(1) The registrar of the State Courts must maintain in such form and manner as that registrar thinks fit, a register of every settlement agreement registered under section 7(2) of the Act.
(2) The registrar of the State Courts may do any of the following in relation to the register under paragraph (1):
(a)
correct any error in the register;
(b)
make any necessary alteration to the register as a result of any change in circumstances or particulars;
(c)
upon the setting aside of the registration of a settlement agreement under section 7(5)(a) of the Act, remove the particulars of the registration of that settlement agreement from the register.
(3) The registrar of the State Courts may on a written request of any person allow the person to search, inspect and take a copy of any settlement agreement contained in the register.
(4) The applicable fee specified in item 16(d), (e) and (f) of the First Schedule is payable to the registrar of the State Courts at the time of making the written request mentioned in paragraph (3).
