Tripartite Alliance for Dispute Management & Employment Claims Tribunal

Lau Weng Hong

Deputy Director (Employment Claims)

Tripartite Alliance for Dispute Management

Objectives

1. Rationale for setting up TADM and ECT

2. Coverage of TADM and ECT

3. STRF – Targeted assistance for local workers

Tripartism in Singapore

• Key Tripartite Partners : • Government (MOM)• Singapore National Employers Federation (SNEF)• Singapore National Trades Union Congress (NTUC)

® All Rights Reserved

Sound Legal Framework & Dispute Resolution

Mechanisms

Reasonable/EnlightenedManagement

Positive Unionism

Industrial HarmonyEconomic Growth

Job Creation

Tripartite Partnership Approach

Alignment of Interests of Employers and Workers in Good/Bad Times

• Employment Act• Industrial Relations Act• Employment Claims Act

Factors Contributing to Industrial Harmony & Economic Growth

Sound Legal Framework & Dispute Resolution Mechanisms

(I) Employment Act

– Sets minimum employment terms and conditions– Harmonises the interests between employers and workers in

employment– Regulates rights and obligations of employers and employeesMinimise disputes

(II) Industrial Relations Act

– Provides legal framework for prevention and settlement ofindustrial disputes for employers and unionized workers

– Lays down procedures for collective bargaining, conciliationand arbitration

Systematic process to harmonise mutual interests and toPrevent and resolve disputes

What’s happening?• Employment Claims Tribunals (ECT) have been established under the

State Courts

• Tripartite Alliance for Dispute Management (TADM) serves as MOM-approved mediation centre to help employees and employers resolve their statutory and contractual salary-related claims, before claims are heard by ECT

• ECT and TADM started operations on 1 April 2017

Why?

Growing PME workforce;

Need for affordable, expeditious option to resolve salary-related disputes

Under State Courts: judiciary to adjudicate contractual disputes

Create a more comprehensive dispute management landscape

Who’s covered?Statutory claims• All employees covered by:

• Employment Act (EA);• Child Development Co-savings Act (CDCA); and • Retirement and Re-employment Act (RRA)

• Employers for notice pay under EA

Contractual claims• All employees, including PMEs not covered by the EA, except

• Domestic workers• Public servants • Seafarers

• Employers for notice pay

How to file a Salary –related Claim ?

Go into TADM website address : www.tadm.sg

Process to resolve salary-related disputes

Have a salary-related claim?

Register at TADM

Mediation

Register settlement agreement at District Court

Lodge claim at ECT

Tribunal Hearing

ECT order@ TADM

@ ECT

Settlement reached Settlement not reached

Mediation at TADM

Have a salary-related claim?

Register at TADM

Mediation

Register settlement

agreement at District Court

Lodge claim at ECT

Tribunal Hearing

ECT order

Settlement reached Settlement not reached

Registration at TADM

• E-lodgement (www.tadm.sg) or over the counter via e-appointment ($10/- for < $10K claim or $20/- for >$10K claim)

• Statutory or contractual* salary-related claims• Time bar

• ≤ 1 year from when claims arose• ≤ 6 months from contract termination date

Mediation at TADM • By MOM-approved mediators under TADM• No legal representation i.e. no lawyers• Union representation for union members in

unionised companies• A party who is absent for mediation without

valid reason may be required to pay costs by the ECT.

*A contractual entitlement must be expressed in monetary terms in employment contract

Mediation at TADM

Have a salary-related claim?

Register at TADM

Mediation

Register settlement

agreement at District Court

Lodge claim at ECT

Tribunal Hearing

ECT order

Settlement reached Settlement not reached

Settlement reached• Total sum of claims settled must be

within claims limit^• Either party can register the agreement

with the District Court within 4 weeks, for it to be enforceable as a binding Court order

Settlement not reached

• Claimant will be issued with a claim referral certificate (CRC) to lodge the claim at the ECT.

• ECT to fix Tribunal Hearing

^$20,000 generally, or $30,000 for union-assisted mediation

Adjudication at ECT

Have a salary-related claim?

Register at TADM

Mediation

Register settlement

agreement at District Court

Lodge claim at ECT

ECT order

Settlement reached Settlement not reached

Lodgement at ECT• Claims must be lodged within 4 weeks

from the issuance of the claim referral certificate ($30/- for <$10K claim or $60 for >$10K claim)

• Total sum of claims lodged must be within the claims limit^. • If not, claimant may pursue their claim

through the Civil Court or their unions

Tribunal hearing• No legal representation• Union representation for union members

in unionised companies• Hearing is to be held in private

^$20,000 generally, or $30,000 for union-assisted mediation

Tribunal Hearing

Adjudication at ECT

Have a salary-related claim?

Register at TADM

Mediation

Register settlement

agreement at District Court

Lodge claim at ECT

Tribunal Hearing

ECT order

Settlement reached Settlement not reached

ECT order

• ECT will be able to make orders for payment of money

• ECT may order a claimant to pay costs to the respondent if the claim is deemed frivolous or vexatious

• The respondent may also be ordered to pay costs to the claimant if the respondent fails to attend the pre-ECT mediation session without a reasonable excuse

*Appeals• Appeals to the High Court on ECT orders

will only be allowed if they are on points of law and jurisdiction of the ECT

• Leave to appeal must be sought from the District Court within 7 days

Other TADM’s Services• TADM also provides advice and mediation for non-statutory employment

disputes.

Advisory and mediation for non-statutory disputes• TADM provides advisory services for employees on their

employment dispute

• Based on assessment by advisory officers, TADM may offer voluntary mediation to help the parties resolve their dispute

• TADM also provides access to legal clinics, when the employee requires legal advice on contractual terms, and on whether the case is worth pursuing in the civil courts

Short-Term Relief Fund (STRF) • STRF established to provide financial relief to local low wage workers

(LWWs) with unpaid salaries in situations when employers are in financial difficulties or ceased operations

• Applications assessed on case-by-case basis and covering the bottom 20th percentile

• STRF started on 1 April 2017

Focuses on local employees

Co-located with partners who can provide job placement and financial

assistance

NTUC also co-located to serve union members

Devan Nair Institute for Employment and

Employability

Focuses on work pass holders

Support for workers who need help with work pass-related issues

The Migrant Workers' Centre also be co-located to improve access to

assistance

MOM Services Centre

TADM operates via 2 Service Centres

Summary• A tripartite set-up agency to help more employees, especially

PMEs on employment matters / disputes.

• Two locations at DNI and MOMSC

• Three ways TADM will enhance protection

More employees covered for salary claims

Additional support services, beyond dispute management

More issues covered, beyond salary claims

Thank You