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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 register the settlement agreement with the District Court? You can do this by using the relevant form (Form 90), accompanied by a true copy of the settlement agreement certified by the approved mediator who conducted the mediation and upon paying the prescribed fees.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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4. How do I extend the validity period of the 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. 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 would need to use the prescribed form (Form 92) and pay the prescribed fees for the extension application. The ECT will inform you at a later time of the outcome of the application.
5. How will I be informed of the outcome of my application to register a settlement agreement?You will be informed of the outcome of an application by normal post at the mailing address you provided in your claim form.
6. I missed the deadline to register the settlement agreement with the District Court. What should I do if the respondent fails to fulfil the terms of the settlement agreement?You may wish to seek your own legal advice on your available courses of action.
7. What should I do if I disagree with the settlement agreement registered with the District Court?You may apply to the District Court to set aside the registration of the settlement agreement.
Information on how to set aside the registration of the settlement agreement can be found on the State Courts website at the "Setting Aside the Registration of a Settlement Agreement" page here .
8. How do I file an appeal to the High Court against an ECT order?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 District Court for leave (permission) to appeal.
Information on how to apply for leave to appeal against the order of a Tribunal can be found on the State Courts website at the "Appealing against an Order of the Tribunal" page here . If you wish to obtain copies of the documents of the ECT proceedings for the purposes of your appeal, please email the Employment Claims registry at email@example.com.
9. What is the difference between a Consent Order and a Settlement Agreement?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.
10. 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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