There are different recourse available to those who face employment disputes in Singapore.
Ministry of Manpower (MOM)
What claims/disputes does MOM oversee?
MOM is in charge of Work Injury Compensation, Employment Infringements and other employment-related complaints.
Work Injury Compensation
Who is Work Injury Compensation for?
The Work Injury Compensation Act (WICA) covers local or foreign employees of any age or nationality who are under contracts of service or apprenticeship. It is important to note, however, that the self-employed, independent contractors, uniformed workers and domestic workers are not covered by WICA.
WICA works to provide a low-cost alternative for employees to make claims for injuries or diseases that have occurred in the workplace or transpired as a result of work-related activities. Instead of having to engage a lawyer, WICA aims to provide an economical substitute for settling compensation claims.
WICA claims cover wages lost due to medical leave, medical expenses and compensation for permanent incapacity or death. Claims must be made within one year from the date of the accident.
WICA claims can be made using the WicSubmit online service. However, all work-related accidents or illnesses and compensation for medical leave income or treatment must be first reported to your employer.
WICA claims will require you to undergo a mandatory medical assessment so as to allow MOM to calculate the compensation amount owed to you. Once they have assessed said amount, an NOA will be issued to inform you, your employer and your employer’s insurer. In the event there are no objections from either party, a compensation cheque must be issued within 21 days from the date on which the NOA is received.
If there is a dispute as to the compensation amount by any party, the objection form attached to the NOA must be completed and submitted within 14 days from which the NOA is received.
Employment Infringements
Once you have filed a report of employment infringement, a MOM officer will contact you to establish the validity of your claim and to advise you as to what steps to take next.
Other employment-related issues
To report any employment infringement issues, you may use MOM’s 24-hour online service to lodge a complaint.
Tripartite Mediation for NTUC Union Members
What claims/disputes does Tripartite Mediation oversee?
Tripartite mediation covers employment disputes such as Payment of retrenchment benefits, re-employment, employer’s breach of employment contract, non-payment of salary, infringement of statutory employment benefits and wrongful dismissal claims.
Who is Tripartite Mediation for?
Tripartite mediation serves eligible Professionals, Managers and Executives (PMEs) who are NTUC union members and their respective employers. PMEs eligible for tripartite mediation include employees who have executive and/or supervisory functions and make a maximum of $4500 a month, are members of any registered trade union and are employed in a non-unionised company.
After submitting your claim for tripartite mediation, you will be contacted by an NTUC case officer who will advise you on the process after accessing your case. Typically, before referring the case for tripartite mediation, NTUC will first seek to reach a peaceful resolution by contacting your employer. Should there be no resolution, the NTUC case officer will then assist you with lodging your case for tripartite mediation.
A session for tripartite mediation will then be scheduled between you and your employer. The session will be facilitated by a mediator from the TADM who will be assisted by Tripartite Mediation Advisors (TMAs). TMAs are typically industry or human resource experts and will help you explore appropriate avenues and provide guidance in order to help parties reach a settlement.
However, in the event that the tripartite mediation does not result in an agreeable outcome, you may choose to:
Make a claim with the ECT
Only for employment disputes with regard to statutory and contractual claims and wrongful dismissal
File a civil suit in court
For employment disputes with regard to retrenchment benefits payment that has not been provided for in the employment contract.
Tripartite Alliance for Dispute Management (TADM)
What claims/disputes does TADM oversee?
TADM primarily provides mediation and advisory services to resolve salary-related and wrongful dismissal claims.
Who is TADM for?
Mediation at TADM is offered to salary-related claims under an employee’s employment contract or if it is covered by the Employment Act (EA) as well as wrongful dismissal claims under the EA and wrongful dismissal related to maternity claims.
TADM mediation is available to those facing the above and is employees who are not domestic workers, seafarers or public servants. Self-employed persons must make appointments to undergo an advisory session so that officers can determine if the case is suitable for mediation.
Advisory services at TADM is for employees and self-employed persons who are trying to decide on the most applicable avenue for their dispute. TADM will make recommendations on the best way to resolve the respective dispute.
For wrongful dismissal and salary-related claims, a mediation request can be made online. Employees will be required to provide details of the claim, the claim amount, and information to support the claim. If you have claims that pertain to both wrongful dismissal and salary disputes, you must file both claims separately. Non-maternity related claims must be filed within one month after your last day of employment whilst maternity-related claims must be filed within two months of the child’s birth.
For other employment disputes, an appointment must be made for advisory services at TADM.
A mediation session will be scheduled within four weeks of a request for mediation. Upon successful mediation, a written settlement agreement will be made between the two parties which can be registered as a binding order through CJTS. Registration of the binding order must be made within four 4 weeks from the date of issue of the settlement agreement. In the event mediation is unsuccessful, the TADM mediator will issue a Claim Referral Certificate for the purposes of filing a claim at the Employment Claims Tribunal (ECT).
Employment Claims Tribunal (ECT)
What claims/disputes does ECT oversee?
The ECT acts as a forum for employees and employers that have salary-related and wrongful dismissal disputes. ECT is only applicable when the dispute remains unresolved despite mediation at TADM.
Both parties to the dispute must be located in Singapore, and claims must be below $20,000.
Tripartite Alliance for Fair & Progressive Employment Practices (TAFEP)
What claims does TAFEP oversee?
TAFEP primarily caters to employees who have met with workplace discrimination and/or harassment. Workplace discrimination encompasses those who have been discriminated against due to age, language, marital status, gender, race, religion and disabilities.
After the submission of an online form that details your name, contact number, NRIC and information with regard to the incident of discrimination or harassment, TAFEP may contact you with a request for further information and will then investigate the matter.
TAFEP will also educate the employer with regard to fair employment practices and to safeguard employees from discriminatory practices.
TAFEP may refer organisations that take part in discriminatory practices which do not adhere to the Tripartite Guidelines on Fair Employment Practices to MOM who will take appropriate action against the organisation.
Civil Court
The remedies above provide for a good and cost-effective avenues to resolve workplace disputes. However, in the event, a dispute cannot be settled; you may wish to file a civil suit.
Please note, however, that work injury claims must be filed within one year from the date of the accident. Also, if a claim has been filed under WICA, a civil suit must be filed before MOM issues your NOA. If the NOA has been serviced, you will need to file your civil suit within 14 days from the date of the service of the NOA if there are no objections. If there are objections, the claim must be filed within 28 days of the service of the NOA.
If you are facing workplace harassment, you may wish to apply for a Protection Order or file a suit through the District Court against your harasser for monetary compensation. For workplace harassment, it is highly suggested that you seek legal advice from a lawyer.
