The Employment Claims Act (Act 21 of 2016) (the "Employment Claims Act")  sets up the new Employment Claims Tribunals ("ECT"), which provide employees and employers with an expeditious and affordable avenue to resolve statutory and contractual salary-related disputes. The Employment Claims Act also aims to facilitate the resolution of salary-related employment disputes for more employees, including Professionals, Managers and Executives (PMEs), who earn more than S$4,500 per month and are currently beyond the coverage of the Employment Act, through the ECT.

The ECT came into operation on 1 April 2017.

 

1. A settlement agreement was issued after mediation at TADM. What should I do to ensure that the respondent fulfils the terms in the agreement?
2. How should the respondent make payment to the claimant?
3. How do I enforce an ECT order or a registered settlement agreement? What are the fees involved?
4. What should I do if the respondent is bankrupt, or if a claimant or respondent is involved in any bankruptcy, winding up or judicial management proceedings?
5.Where can I obtain legal advice for my claim?

 

 

1. A settlement agreement was issued after mediation at TADM. What should I do to ensure that the respondent fulfils the terms in the agreement?
A settlement agreement reached through mediation at the Tripartite Alliance for Dispute Management ("TADM") may be registered in a District Court, if you wish for it to be enforceable as an order of the District Court. It must be registered within 4 weeks from the date the settlement agreement is signed. 

If the respondent fails to make due payment under the registered settlement agreement, you may be able to commence enforcement proceedings against him or her.

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2. How should the respondent make payment to the claimant?
The payment modes may be specified in the settlement agreement or ECT order. Otherwise the parties involved in the dispute may mutually agree on the payment mode.

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3. How do I enforce an ECT order or a registered settlement agreement? What are the fees involved?
One common method of enforcement is by way of Writ of Seizure and Sale (WSS). 
Information on the WSS process can be found on the State Courts website at the "Enforce Judgments or Orders by Writ of Seizure and Sale" page here
The common fees for applying for a WSS are as follows:

Document to be filedFee (S$)
Writ of seizure and sale60
Order of Tribunal10
Undertaking, declaration and indemnity10
On sealing, issuing, entering or filing any originating summons, summons, order of Court or document in relation to the enforcement of an order of the ECT10


In addition, you may make a report against your employer for possible Employment Act violations of failing to pay your salary on the Ministry of Manpower website here.

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4. What should I do if the respondent is bankrupt, or if a claimant or respondent is involved in any bankruptcy, winding up or judicial management proceedings?
As such claims may or may not be accepted by the ECT, you should seek your own legal advice on your available courses of action. You may find the following websites helpful:

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5. Where can I obtain legal advice for my claim?

As the State Courts must remain neutral and independent in adjudicating matters that are filed in the Courts, the State Courts staff are not in the position to provide advice for any matter that is or may come within our court system. If you require legal advice, you may find this list of organisations and their websites useful:

Ministry of Manpower (MOM)                                 www.mom.gov.sg/employment-practices For enquiries about information not found on the website, please call 6438 5122.
Tripartite Alliance for Dispute Management (TADM)www.tadm.sg
  • For Singaporeans and PRs:

    Devan Nair Institute for Employment and Employability

    80 Jurong East Street 21, #03-03, Singapore 609607

     
  • For work pass holders:

    MOM Services Centre

    1500 Bendemeer Road, Hall A Level 3, Singapore 339946

     

Migrant Workers' Centre (MWC)

 

www.mwc.org.sg 
  • MWC Serangoon:

    579, Serangoon Road, Singapore 218193

     
  • MWC Geylang:
    82, Geylang Lorong 23, Atrix, #01-06, Singapore 388409

     

    Helpline: (+65) 6536 2692

    Email: [email protected]

     
National Trades Union Congress (NTUC)

www.ntuc.org.sg

 

www.ntuc.org.sg/wps/portal/up2/home/industrialrelations/unionsandu

 

For contact details of the various NTUC centres, please refer to https://www.ntuc.org.sg/wps/portal/up2/home/contactus.
Singapore National Employers Federation (SNEF) www.snef.org.sg

Head Office:
60 Paya Lebar Road, #13-45, Paya Lebar Square (Lobby 2), Singapore 409051

 

Telephone: (+65) 6290 7633

Email: [email protected]

 

Community Justice Centre (CJC)www.cjc.org.sg

Address:
1 Havelock Square, Level 1 State Courts building, Singapore 059724

 

Telephone: (+65) 6557 4100

Email: [email protected]

 

The Law Society of Singapore's Pro Bono Services Office

 

probono.lawsociety.org.sg

General Office

Address:
50 Market Street, #10-04, Golden Shoe Car Park, Singapore 048940

 

Telephone: (+65) 6536 0650

Email: [email protected]

 

(Office in State Courts is only for Criminal Legal Aid Scheme matters)

 

Commissioners for Oaths & Notaries Public www.conp.sg/co-np-directory-listing

Address:
1 Supreme Court Lane, Level 5M, Singapore 178879

 

Telephone: (+65) 6332 4388

Email: [email protected]

 

Singapore Statutes Online http://statutes.agc.gov.sg/aol/home.w3p
 

 

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Last updated on: 23/5/2017 3:00 PM

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