Employment Claims Act 2016 |
Employment Claims Regulations 2017 |
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Citation and commencement |
1. These Regulations are the Employment Claims Regulations 2017 and come into operation on 1 April 2017. |
Definitions |
2. In these Regulations, unless the context otherwise requires —
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Employee of Government to whom Act applies |
3. For the purposes of paragraph (a) of the definition of “employee”, and paragraph (a) of the definition of “employer”, in section 2(1) of the Act, the category, class or description of employees of the Government prescribed to be employees for the purposes of the Act consists of every officer or employee of the Government who —
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Submission of mediation request |
Person who may submit mediation request on behalf of claimant |
5.—(1) An officer of a trade union of employees may submit a mediation request on behalf of any claimant who —
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Requirements prescribed for section 3(3)(b)(ii) of Act |
6. The requirements prescribed for section 3(3)(b)(ii) of the Act for a specified employment dispute to be listed in a mediation request (called in this regulation the present mediation request) are as follows:
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Prescribed fee for mediation under Part 2 of Act |
7. For the purposes of section 3(3)(d) of the Act, the prescribed fee payable by a claimant for a mediation request is the total of the following sums, where applicable:
[S 244/2019 wef 01/04/2019] |
Person entitled to prescribed fee for mediation under Part 2 of Act |
8. For the purposes of section 3(4)(c) of the Act, the Commissioner may pay the whole or a part of the prescribed fee mentioned in section 3(3)(d) of the Act to Tripartite Alliance Limited. |
Review by Commissioner of decision under section 3(4)(a) or (b) of Act |
9.—(1) A claimant who is dissatisfied with a decision made by the Commissioner under section 3(4)(a) or (b) of the Act may apply to the Commissioner to review the decision.
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Amendment of mediation request |
10.—(1) This regulation applies where the Commissioner has referred, under section 3(5) of the Act, every specified employment dispute listed in a claimant’s mediation request for mediation by an approved mediator.
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Conduct of mediation session |
11.—(1) Unless an approved mediator decides that section 4(2) of the Act applies, upon receiving a mediation request, the approved mediator must, as soon as reasonably practicable —
[S 244/2019 wef 01/04/2019]
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Continuation of mediation by another approved mediator |
11A. Where an approved mediator is unable to continue mediation under the Act because of death, illness or any other cause, another approved mediator may continue the mediation. [S 244/2019 wef 01/04/2019] |
Representation of party at mediation under Part 2 of Act |
12. For the purposes of section 5(3) of the Act, a party to a mediation under Part 2 of the Act who is specified in the first column of the First Schedule may be represented at the mediation by an individual specified opposite in the second column, in the circumstances specified opposite in the third column. |
Claim referral certificate |
13. A claim referral certificate issued under section 6(2) or 7(7)(a) of the Act must be in the applicable form provided at the website of the Ministry of Manpower at http://www.mom.gov.sg for the specified employment dispute concerned. [S 244/2019 wef 01/04/2019] |
Correction of error, etc. |
13A.—(1) This regulation applies in relation to —
[S 244/2019 wef 01/04/2019] |
Employees who may make claims |
14.—(1) For the purposes of section 12(2)(a) of the Act, a claim relating to a specified contractual dispute may be made by an employee in relation to whom all of the following requirements are satisfied:
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Employers who may make claims, and employees against whom claims may be made |
15.—(1) For the purposes of section 12(2)(c) of the Act, a claim relating to a specified employment dispute concerning any matter specified in item 17 of the First Schedule to the Act, item 14 or 16 of the Second Schedule to the Act, or any other matter mentioned in section 12(2)(c)(ii) of the Act, may be made by an employer who —
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Period within which claim must be lodged |
16. For the purposes of section 12(6) of the Act, a claim must be lodged with a tribunal within 4 weeks after the date of issue of the claim referral certificate supporting the claim. |
Prescribed claim limit |
17.—(1) Except as provided in paragraphs (2) and (3), the prescribed claim limits are as follows:
[S 244/2019 wef 01/04/2019]
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Compensation for wrongful dismissal dispute |
17A. For the purposes of section 20(6A)(b) of the Act, the amount of compensation in a claim relating to a wrongful dismissal dispute is to be calculated in accordance with the Second Schedule. [S 244/2019 wef 01/04/2019] |
Individuals whom tribunal may permit to observe hearing of claim |
18. For the purposes of section 18(3)(a) of the Act, a tribunal may permit a tripartite mediation advisor, who was assigned to assist a claimant or respondent in a tripartite mediation, to observe the hearing of a claim supported by a claim referral certificate issued in respect of every unresolved specified employment dispute that was a subject of the tripartite mediation. |
Representation of party before tribunal |
19. For the purposes of section 19(3) of the Act, a party to proceedings before a tribunal who is specified in the first column of the Third Schedule may be represented before the tribunal by an individual specified opposite in the second column, in the circumstances specified opposite in the third column. |
Service of documents, etc. |
20.—(1) This regulation does not apply to any document or notice for any proceedings in a tribunal or court.
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Reckoning periods of time |
21.—(1) A period of time fixed by these Regulations for doing an act is to be reckoned in accordance with this regulation.
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Permanent Secretary, Ministry of Manpower, Singapore. |
[HQ/PlnPol/Legis/ECA/2017/2; AG/LEGIS/SL/91C/2015/1 Vol. 1] |