Employment Claims Act 2016

Employment Claims Act 2016 2020 REVISED EDITION This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021 An Act to facilitate the expeditious resolution of employment disputes by providing for the mediation of such disputes, for the constitution, jurisdiction and powers of and administration of justice in the Employment Claims Tribunals, and for related matters. [1 April 2017] PART 1 PRELIMINARY Short title 1. This Act is the Employment Claims Act 2016. Interpretation 2.—(1) In this Act, unless the context otherwise requires — “approved mediator” means any individual approved by the Commissioner as a mediator for one or more of the following: (a) a mediation under Part 2 of a specified employment dispute; (b) a tripartite mediation; (c) a mediation mentioned in section 115(2A) of the Employment Act 1968; (d) a consultation or conciliation under section 8A(5) of the Retirement and Re‑employment Act 1993; (e) a mediation or conciliation of any dispute under any other written law that the Commissioner may determine, being a written law relating to employment, employment terms or the relations between employers and employees; “authorised person” means an individual appointed under section 3(3) of the Employment Act 1968 as an authorised person for the purpose of carrying out any function or duty of the Commissioner under this Act; “claim” means a claim lodged with a tribunal, and includes a counterclaim lodged with a tribunal; “claim referral certificate” means a claim referral certificate issued under — (a) section 6(2) or 7(7)(a); or (b) section 30H(6) of the Industrial Relations Act 1960; “claimant” means a person who lodges a claim with a tribunal, and includes, for the purposes of Part 2, a person who intends to lodge a claim with a tribunal; “Commissioner” means the Commissioner for Labour appointed under section 3(1) of the Employment Act 1968; “contract of service” means an agreement, whether oral or written and whether express or implied, by which a person agrees to employ an individual, and that individual agrees to serve that person, and includes an apprenticeship agreement; “court” means any court of competent jurisdiction in Singapore; “employee” means an individual who has entered into and works under a contract of service with an employer, and includes — (a) any employee of the Government within a category, class or description of such employees prescribed to be employees for the purposes of this Act; and (b) for an employment dispute relating to the termination of a contract of service or any mediation request submitted or claim made after the end of a contract of service, the former employee who worked under that contract of service, even though the relationship between employee and employer has ended; “employer” means any person who employs an individual under a contract of service, and includes — (a) the Government in respect of any category, class or description of employees of the Government prescribed to be employees for the purposes of this Act; (b) a statutory body; (c) a person duly authorised by an employer to be the employer’s agent or manager; (d) a person who owns, carries on or is responsible for the management of the profession, business, trade or work in which that individual is or was engaged; and (e) for an employment dispute relating to the termination of a contract of service or any mediation request submitted or claim made after the end of a contract of service, the former employer, even though the relationship between employee and employer has ended; “employment assistance payment” has the meaning given by section 2(1) of the Retirement and Re‑employment Act 1993; “Industrial Arbitration Court” means an Industrial Arbitration Court established under section 3 of the Industrial Relations Act 1960; “mediation” includes — (a) the undertaking of any activity for the purpose of promoting the discussion and settlement of disputes; (b) the bringing together of the parties to any dispute for that purpose, either at the request of one of the parties to the dispute or on an order of a tribunal under this Act; and (c) the follow‑up of any matter which is the subject of any such discussion or settlement; “mediation request” means a request for a mediation under Part 2; “mediation session” means a meeting between 2 or more parties to a dispute for the purposes of a mediation; “Registrar” means the registrar, a deputy registrar or an assistant registrar for the tribunals; “Registry” means the registry established under section 10(1) for the tribunals; “respondent” means a person against whom a claim is made, or who is joined in the capacity of a respondent, and includes, for the purposes of Part 2, a person against whom a claimant intends to make a claim; “salary” has the meaning given by section 2(1) of the Employment Act 1968; “specified contractual dispute” means a dispute, relating to a payment of an amount of money, which arises out of or in the course of employment under a contract of service, about any matter specified in the First Schedule; “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; “tribunal” means a subordinate court called an Employment Claims Tribunal constituted under section 4 of the State Courts Act 1970; “tribunal magistrate” means a tribunal magistrate appointed under section 9(1)(a) or designated under section 9(5); “tripartite guidelines on re‑employment” means the guidelines relating to re‑employment issued under section 11B of the Retirement and Re‑employment Act 1993; “tripartite guidelines on wrongful dismissal” means the guidelines issued under section 35 on what constitutes wrongful dismissal; “tripartite mediation” has the meaning given by section 30F of the Industrial Relations Act 1960; “workman” has the meaning given by section 2(1) of the Employment Act 1968; “wrongful dismissal dispute” means a dispute, relating to the dismissal of an employee, specified in the Third Schedule. [55/2018] (2) When this Act is applied to a counterclaim lodged with a tribunal — (a) any reference to a claimant is a reference to a person making the counterclaim; and (b) any reference to a respondent is a reference to a person against whom the counterclaim is made. (3) Any Deputy Commissioner for Labour, Principal Assistant Commissioner for Labour or Assistant Commissioner for Labour appointed under section 3(1) of the Employment Act 1968 may, if authorised by the Commissioner, carry out any function or duty, and exercise any power, of the Commissioner under this Act.