Industrial Relations Regulations - Singapore Statutes Online

Industrial Relations Act

(CHAPTER 136, Section 86)

Industrial Relations Regulations

Rg 1

G.N. No. S 250/1960

REVISED EDITION 1990

(25th March 1992)

[22nd October 1960]

Citation

1. These Regulations may be cited as the Industrial Relations Regulations.

Definition

1A. In these Regulations, “Ministry’s website” means the website of the Ministry of Manpower at http://www.mom.gov.sg.

[S 245/2019 wef 01/04/2019]

Forms

2.—(1) Any reference in these Regulations to a form shall be read as a reference to a form in the First Schedule, or in a case of the form of a claim referral certificate, as provided at the Ministry’s website.

[S 245/2019 wef 01/04/2019]

(2) Strict compliance with any form shall not be necessary and substantial compliance shall be sufficient.

(3) The Registrar may refuse to receive any document for filing or lodgment, or issue any document if, in his opinion, the document does not substantially comply with the prescribed form or the form of a claim referral certificate provided at the Ministry’s website, as the case may be.

[S 245/2019 wef 01/04/2019]

Allowance to members

3. The allowance payable to a member of a panel appointed under the Act, who is a member of the Court for the purposes of a trade dispute or matter and who is not a public officer, shall be $50 for each day on which the Court is engaged in the hearing or determining of the trade dispute or matter:

Provided that half such allowance shall be paid where the Court is engaged only in the morning or in the afternoon in the hearing or determining of the trade dispute or matter.

Allowance to referee

4. The allowance payable to a referee, who is appointed in accordance with the provisions of an award for the purposes of the settlement of a dispute and who is not a public officer, shall be $30 for each day on which he is engaged in the Court in the hearing or determining of the dispute:

Provided that half such allowance shall be paid where the referee is engaged only in the morning or in the afternoon in the Court in the hearing or determining of the dispute.

Allowance to member of board of inquiry

5. The allowance payable to a member of a board of inquiry, appointed under section 74 of the Act for the purposes of inquiring into any matter referred to it and who is not a public officer, shall be $50 for each day on which the board is engaged in inquiring into any such matter:

Provided that half such allowance shall be paid where the board is engaged only in the morning or in the afternoon in inquiring into any such matter.

Documents filed or lodged to be submitted to President

6. The Registrar shall either personally or by such officer as he directs acting on his behalf —

(a)	submit to the President of the Court and the members constituting the Court for the purposes of a trade dispute or matter all documents filed or lodged with him in relation to the dispute or matter;
(b)	issue all notices and summonses;
(c)	keep a record of the proceedings of the Court; and
(d)	notify the President, if a trade union of employees, which is a party to a collective agreement submitted for certification and registration, is not entitled to represent the employees covered by the collective agreement in accordance with the constitution and rules of that trade union of employees.

Seal of Court

7.—(1) There shall be a seal bearing the crest of the Republic of Singapore and the words “The Seal of the Industrial Arbitration Court — Singapore”.

(2) The seal shall be in the custody of the Registrar and shall be affixed by him or with his authority to all awards, orders and certificates of the Court and to such other documents as the Court directs.

Stamp of Court

8.—(1) There shall be a stamp bearing the crest of the Republic of Singapore and the words “The Stamp of the Industrial Arbitration Court — Singapore”.

(2) The stamp shall be in the custody of the Registrar and shall be affixed by him to all documents issued by him in relation to proceedings before the Court.

Notice inviting negotiations in relation to industrial matters

9. A notice under section 18 of the Act shall be in accordance with the Form 1.

[S 104/2015 wef 25/03/1992]

Claim referral certificate

9A. A claim referral certificate issued under section 30H(6) of the Act must be in the applicable form provided at the Ministry’s website for the specified employment dispute concerned.

[S 138/2017 wef 01/04/2017]

[S 245/2019 wef 01/04/2019]

President of Court to fix time and place for hearing of disputes

10.—(1) Where the Court has cognizance of a trade dispute the President of the Court may of his own motion or on the application of a party to the dispute fix a time and place for the hearing of the parties to the dispute and persons and trade unions alleged to be parties to the dispute.

(2) Thereupon the Registrar shall, either at the direction of the President or on the application of a party, issue a notice in accordance with the Form 2 any person or trade union appearing to be, or alleged to be, a party to the dispute.

(3) A notice under paragraph (2) shall be served or given by the Registrar or a person thereunto authorised by the Registrar.

(4) For the purposes of section 11 of the Act, any trade union or person upon whom a notice under paragraph (3) has been served who, within 3 days after service of the notice, files with the Registrar a notice of intention to be present or to be represented at the hearing of the trade dispute shall be deemed to be a party to the dispute.

(5) Paragraph (4) shall not apply to trade disputes submitted for arbitration pursuant to section 31(a) of the Act and, for the purposes of section 11 of the Act, the trade union and the employers who jointly make the request for submission to arbitration shall be deemed to be the parties to the trade dispute.

(6) Where an invitation has been sent to the trade unions of employees or the employers under section 11(1) of the Act, the trade unions or employers shall select the member of the employee panel or the member of the employer panel, as the case may be, within one week of the date of the invitation and if no selection is made within that time, the President shall proceed to act in accordance with section 11(3) of the Act.

Application for order that award to continue

11. For the purposes of section 39 of the Act, an application for an order that an award, with or without variation, shall continue in force may be made by filing with the Registrar an application in accordance with the Form 3.

[S 104/2015 wef 25/03/1992]

Person to file intention to appear in interested matter

12.—(1) Where a notice has been published in the Gazette in accordance with section 41(3) of the Act, a person or trade union interested and desiring to be heard in relation to the questions stated in the notice may file with the Registrar at least 7 clear days before the date fixed for the hearing of the matter a statement of intention to appear or be represented at the hearing and stating the facts by reason of which the person or trade union claims to be interested in the matter.

[S 104/2015 wef 25/03/1992]

(2) For the purposes of section 11 of the Act, those persons and trade unions who have filed statements in accordance with paragraph (1) showing, in the opinion of the Registrar, an interest in the matter, shall be deemed to be the parties to the matter.

Application for interpretation of awards

13. For the purposes of section 44 of the Act, an application for an interpretation of an award may be made by filing with the Registrar an application in accordance with the Form 4 supported by an affidavit or affirmation verifying the application and the facts in relation to which the interpretation is sought.

[S 104/2015 wef 25/03/1992]

Application for setting aside and variation of awards

14.—(1) For the purposes of section 45 of the Act —

(a)	an application for the setting aside of any of the terms of an award may be made by filing with the Registrar an application in accordance with the Form 5; and
(b)	an application for the variation of any of the terms of an award may be made by filing with the Registrar an application in accordance with the Form 6. [S 104/2015 wef 25/03/1992]

(2) Where the award to which the application relates has not been in force for 18 months the application shall be supported by an affidavit setting out the circumstances by reason of which it is claimed that it is desirable that the order sought should be made by the Court.

Application for variation of collective agreements

15. For the purposes of section 46 of the Act, an application for the variation of a collective agreement may be made by filing with the Registrar an application in accordance with the Form 7.

[S 104/2015 wef 25/03/1992]

Commissioner for Labour to settle disputes

16. An order made under section 54(1) of the Act shall be in accordance with the Form 8.

Powers of Court in relation to orders made by Court

17.—(1) Proceedings under section 56 or 58 of the Act shall be by order in accordance with the Form 9.

(2) An application for an order to show cause under this regulation may be made to the President of the Court in the absence of any person other than the applicant supported by an affidavit verifying the facts upon which the application is based.

[S 233/2022 wef 01/04/2022]

(3) As soon as practicable after an application for an order to show cause under this regulation is granted, the applicant shall file the order and supporting affidavit with the Registrar.

[S 157/2015 wef 01/04/2015]

Contempt of Court

18.—(1) Proceedings before the Court in respect of an alleged contempt of the Court shall be instituted by summons upon information in accordance with the Form 10.

(2) A summons issued on an information shall be in accordance with the Form 11.

Determinations, decisions or certifications of Court to be signed by President of Court

19.—(1) Every determination, decision or certification made by the Court in relation to a trade dispute or matter shall be forthwith reduced to writing and embodied in an award, order or certificate and that award, order or certificate shall bear the date of its making and shall be signed by the President of the Court.

(2) If the President dies or ceases to be the President after a determination or decision or finding has been made by the Court and the award, order or certificate has not been reduced to writing or has not been signed by him, an award, order or certificate recording the determination, decision or finding so made, signed by the Registrar, shall have effect as if the award, order or certificate had been signed by the President.

Court to direct Registrar to settle minutes of awards

20.—(1) The Registrar shall, if the Court so directs, settle the minutes of an award or order of the Court.

(2) Where the Court directs that the minutes of an award or order be settled by the Registrar, the party who was the applicant or the party directed by the Court shall, within 14 days after the decision of the Court was given, or within such further time as the Registrar allows, lodge the minutes of the award or order with the Registrar.

(3) The Registrar shall, within 14 days after the lodging of the minutes of an award or order, give to the parties such notice of his intention to settle the minutes as he thinks proper, but may, if he thinks it unnecessary to give notice to a party, settle the minutes without giving notice to that party.

(4) If a party is dissatisfied with the form in which the minutes of an award or order have been settled, he may, within 3 days after the settlement, apply to the President of the Court to vary the minutes as settled.

(5) If the party who is required to do so fails to lodge the minutes of the award or order within the time prescribed by this regulation, the Registrar shall proceed to prepare and settle the minutes, and for that purpose may give all necessary notices, and the party in default shall, on demand by the Registrar, pay to him the fee prescribed in the Second Schedule for the preparation by the Registrar of an award or order for settlement.

Board of inquiry

21. When, in the notification in the Gazette appointing a board of inquiry, the Minister so directs, the chairman of the board of inquiry or if the board of inquiry consists of one person such person may —

(a)	order any person who appears to the board of inquiry to have any knowledge of the subject-matter of the inquiry to furnish in writing such particulars in relation thereto as the board of inquiry may require;
(b)	summon any person who appears to the board of inquiry to have any knowledge of the subject-matter of the inquiry to attend before the board of inquiry to give evidence on affirmation or otherwise relating to the subject-matter of the inquiry and examine him; and
(c)	summon any person to produce to the board of inquiry any document in his possession which the board determines to be relevant to the subject-matter of the inquiry.

Order and summons at discretion of board

22. The form of any order or summons issued under regulation 21 shall be in the discretion of the board of inquiry.

Penalty

23. If any person fails without sufficient cause to comply with any order or summons issued under regulation 21 or on being required by the board of inquiry to give evidence refuses to do so he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500.

Advocate and solicitor may appear with permission

24. Any person may with the permission of the board of inquiry appear by advocate and solicitor in proceedings before the board of inquiry.

Board may regulate its own procedure

25. Subject to these Regulations and any directions given by the Minister, a board of inquiry may regulate its procedure as it may think fit.

Documents to be served by parties

26. Except as otherwise prescribed, or unless the Court or the President of the Court otherwise directs, parties to proceedings in the Court shall serve all documents.

Name and address of party filing documents

27. Every document which is filed in connection with any matter before the Court or the Registrar shall be endorsed with the name and address of the party filing it, and that address shall be deemed to be filed by that party as the address for service of that party.

Service of documents

28. Service of a document upon a person other than a body corporate shall be effected by —

(a)	leaving it with that person;
(b)	tendering it to that person;
(c)	leaving it with any person apparently above the age of 14 years at the residence or usual place of business of the person intended to be served or, where that person has filed an address for service at that address; or
(d)	where that person has filed an address for service, by posting it in prepaid registered letter addressed to that person at that address.

Service of documents on bodies corporate

29. Service of a document upon a body corporate shall be effected by —

(a)	leaving it with the secretary of the body corporate;
(b)	tendering it to the secretary of the body corporate;
(c)	leaving it with any person apparently above the age of 14 years at the registered office of the body corporate or, where the body corporate has filed an address for service, at that address; or
(d)	posting it in a prepaid registered letter to the secretary of the body corporate at the registered office of the body corporate or, where the body corporate has filed an address for service, at that address.

Service of documents on trade unions

30. Service of a document upon a trade union shall be effected by —

(a)	leaving it with the president, the secretary, the treasurer or other officer of the trade union;
(b)	tendering it to the president, the secretary, the treasurer or other officer of the trade union;
(c)	leaving it with a person apparently above the age of 14 years at the registered office of the trade union, or where the trade union has filed an address for service, at that address; or
(d)	posting it in a prepaid registered letter to the secretary of the trade union at the registered office of the trade union or, where the trade union has filed an address for service, at that address.

Substituted service

31.—(1) Where provision is made for personal or other service of any document in proceedings before the Court, the President of the Court may make such order for substituted or other service, or for the substitution for the service otherwise required, of notice by letter, telegram, public advertisement or otherwise, as he thinks just.

(2) Where the President orders that notice by telegram or public advertisement be substituted for the service otherwise required, the notice shall contain such particulars as the President directs.

Documents to be taken out, signed, etc.

32. Except where otherwise provided by these Regulations or directed by the Court, the President of the Court or the Registrar, if any document is required by the Act or these Regulations to be taken out, made or signed, or any step is required to be taken, by any person, trade union or company, that document may be taken out, made or signed, or such step taken on behalf of that person, trade union or company —

(a)	in the case of a person — by that person or by any other person authorised by him in writing;
(b)	in the case of a trade union — by an officer of the trade union thereunto duly authorised by, or in accordance with the rules of, the trade union; and
(c)	in the case of a company — by an officer or person duly authorised under the seal of the company to represent it under the Act or in the proceedings.

Summons to witnesses

33.—(1) A summons to a witness shall be in accordance with the Form 12 or a form approved by the Court, the President of the Court or the Registrar.

(2) Service shall be effected by serving on the witness a copy of the summons signed by the President or a member of the Court or the Registrar.

(3) Any number of witnesses may be included in one summons, but the copy served need contain only the name of the witness upon whom it is served.

Parties to lodge 3 copies of documents 3 days before hearing

34.—(1) Not less than 3 days before the date fixed for the hearing of any matter by the Court, every party who has filed any document in the matter shall lodge in the Registry 3 copies of the document.

(2) The Registrar may, on the application of any party, exempt that party from compliance with the requirements of paragraph (1).

Affidavits

35.—(1) An affidavit for use in proceedings before the Court —

(a)	shall be on foolscap paper;
(b)	shall be legibly written, typewritten or printed on one side of the paper only so that one-quarter of the page is left as a margin;
(c)	shall be signed on each page by the deponent and the person before whom it is made; and
(d)	shall be made before the Registrar or a person authorised under the Supreme Court of Judicature Act [Cap. 322] to take an affidavit.

(2) A copy of an affidavit filed in support of a document which is to be served on another party shall be served with that document.

President may approve different forms in certain circumstances

36.—(1) Where a form is not prescribed for any document, or where a prescribed form is not suitable to the circumstances of a particular case, the form shall be such as the Court or the President of the Court directs or approves for the purposes of a particular case.

[S 245/2019 wef 01/04/2019]

(2) Paragraph (1) does not apply to any form of a claim referral certificate provided at the Ministry’s website.

[S 245/2019 wef 01/04/2019]

Fees

37.—(1) The fees to be demanded and paid in respect of matters under the Act or these Regulations shall be those set out in the Second Schedule.

(2) The fees payable under these Regulations shall be paid in advance, and the Registrar may refuse to receive or issue any document, to do any act or permit any inspection in respect of which a fee is payable until the fee is paid.

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