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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?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.
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:
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.
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:
Migrant Workers' Centre (MWC)
Head Office: 60 Paya Lebar Road, #13-45, Paya Lebar Square (Lobby 2), Singapore 409051
Telephone: (+65) 6290 7633
Address: 1 Havelock Square, Level 1 State Courts building, Singapore 059724
Telephone: (+65) 6557 4100
The Law Society of Singapore's Pro Bono Services Office
Address: 50 Market Street, #10-04, Golden Shoe Car Park, Singapore 048940
Telephone: (+65) 6536 0650
(Office in State Courts is only for Criminal Legal Aid Scheme matters)
Address: 1 Supreme Court Lane, Level 5M, Singapore 178879
Telephone: (+65) 6332 4388
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