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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 salary-related disputes and wrongful dismissal disputes. The Employment Claims Act also aims to facilitate the resolution of salary-related employment disputes for more employees.
The ECT came into operation on 1 April 2017.
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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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.
You may apply to register the settlement agreement online by logging into the Community Justice Tribunals System (CJTS) at http://www.statecourts.gov.sg/CJTS/ and clicking on “Online Applications” then “ECT” and choosing the e-service “Registration of Settlement Agreement”.
The registration of a settlement agreement is valid in the first instance for a period of 3 years starting on the date of the registration.
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The registration of a settlement agreement is valid in the first instance for a period of 3 years starting on the date of the registration. You may apply to extend the validity of the registered settlement agreement for a period, not exceeding 3 years at any one time, any time before the last day the validity period first registration expires.
You may make this application online using the Community Justice and Tribunals System (CJTS) at http://www.statecourts.gov.sg/CJTS/. Login to the CJTS and click on “Online Applications”, then “ECT”, and choose the e-service “Renewal of Registration of Settlement Agreement”.
The ECT will notify you via e-mail to check on the outcome of your application in the Community Justice and Tribunals System (CJTS) at http://www.statecourts.gov.sg/CJTS/. Once logged into CJTS, access your case folder to check for the relevant notices from ECT with regards your application. If the registration is successful, a Notice of Registration will be available in your CJTS case folder.
You may wish to seek your own legal advice on your available courses of action.
You may apply to the District Court to set aside the registration of the settlement agreement by logging in to CJTS and filing the requisite online application.
An appeal to the High Court may only be made on any ground involving a question of law or that the claim was outside the jurisdiction of the ECT. If you wish to appeal to the High Court against an order made by the ECT, you must first apply to the District Court for leave (permission) to appeal. The application must be
made within 7 working days after the date the order was made and no time
extension can be given for the same. Once leave is given, the party can file an
appeal to the High Court. A filing fee of $100 is payable for the leave to
appeal application, and a filing fee of $600 is payable for filing a notice of
appeal to the High Court.
A Consent Order is granted by the ECT and enforceable under the Employment Claims Act as a District Court order, whereas a Settlement Agreement is a private agreement recorded under Part 2 of the Employment Claims Act at TADM.
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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