How to Make a Claim Against Employer in Singapore Overview
The several options and processes for remedy are outlined in this page if you’re an employee in Singapore who wants assistance with a work-related problem.
- Tripartite Alliance for Conflict Resolution (TADM)
What exactly is TADM?
The National Trades Union Congress (NTUC), the Ministry of Manpower (MOM), and the Singapore National Employers Federation (SNEF) jointly established the Tripartite Alliance for Dispute Management (TADM) to offer advisory and mediation services to settle salary-related claims and wrongful dismissal claims.
How can TADM assist me in resolving my conflict?
Services for mediators
The goal of mediation is to assist parties involved in employment-related conflicts in reaching a mutually agreeable resolution. With the aid of a TADM mediator, the goal is to arrive at fair resolutions that both disputing parties may accept.
The Tadm Provides Mediation Services For:
Your employment contract, The Employment Act (EA), Your employment contract, The Employment Act (EA) (Example: non-payment of salary), The Employment Act (EA) (Example: non-payment of salary), and The Employment Act (EA) and (for maternity-related wrongful dismissal claims), The Child Development Co-Savings Act (CDCA). To decide whether a claim of wrongful termination is appropriate for mediation, TADM will first evaluate it.
Who is eligible to request mediation and who is not?
If you are an employee who is not a domestic worker, a seafarer, or a public official, you can only ask for mediation for a claim. Self-employed people who are involved in various kinds of employment- or payment-related conflicts may also be provided mediation.
Self-employed individuals should schedule a consultation meeting with TADM, where the Advisory Officers will review the specifics of the case and recommend mediation if appropriate.
Consultative Services
Before filing a claim, workers and self-employed individuals can consult with TADM about their alternatives for resolving an employment dispute.
For people who might be unclear of the best course of action for their dispute, this service is an optional one. Other prospective partners who might be better suited to help in the situation could also be suggested by TADM.
For instance, depending on the nature and complexity of the case, TADM collaborates with the Law Society Pro Bono Services Office to offer free basic legal advice. Family Service Centers and Social Service Offices are two more partners that offer monetary aid in addition to social and emotional support, respectively.
Read: How To Be a Good Parent While Working Abroad
How can I submit a claim to TADM?
For conflicts involving salaries
You can make an online mediation request if the issue is one of pay. You will need to provide all necessary claim information, including the amount of the claim and important supporting documentation. These consist of:
- Your employment contract or important conditions of your employment; Salary payment records and CPF statements (if available); Your letter of termination or resignation; and Additional pertinent papers to support your claim.
- Thereafter, a mediation session will be set. You should contact your union or the NTUC to file your claim on your behalf if you are a union member.
As soon as your claim emerges, you should send TADM a request for mediation. If your employment has ended, you have six months from the date of your departure to file your claim. However, if you are still working, you must file your claim within a year after the dispute’s start date.
Be aware that there are registration costs. The charge is payable in increments of S$10 for claims under S$10,000 and S$20 for claims beyond S$10,000.
Only S$20,000, or S$30,000 if you use the Tripartite Mediation Framework or mediation supported by recognized unions under the Industrial Relations Act, may be claimed.
If your claim is for more money than what is allowed, you must forfeit the extra money in order to either enter into a settlement agreement under the Employment Claims Act (ECA) or have the Employment Claims Tribunal (ECT) consider your case (see below).
For Accusations Of Wrongful Termination
The request for mediation may be submitted online for wrongful dismissal claims, just like it can for salary-related disagreements. Additionally, the necessary claim information, such as the claim’s total amount, must be provided, together with the previously mentioned crucial supporting papers.
But keep in mind that before mediation can be scheduled, TADM must determine if the allegation of unfair dismissal may be supported.
You must file your claim within one month of your final day of employment if your wrongful termination claim is unrelated to pregnancy. If the claim relates to pregnancy, you must file it no later than two months after the birth of your kid.
For Disputes Relating To Pay As Well As Wrongful Termination
Please be aware that you must separate your salary-related and wrongful dismissal claims if you have both.
You will need to log in to SingPass to make your wrongful dismissal claim, log out, and then log back in to file your salary-related claim, for instance, if your employer fired you without cause and still owes you money.
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For Further Labor Disputes
You can schedule a consultation to discuss your alternatives if there are any employment conflicts that aren’t salary-related or other sorts of employment disputes.
Online appointment scheduling allows you to select the time and date of your choice. You will definitely receive an email or SMS confirming your appointment.
What Occurs Once I Submit My Claim To TADM?
Within four weeks of submitting your request for mediation, a meeting will be organized. When your mediation appointment is set for the specified day and time, you must present the following paperwork:
- Documents of identification (NRIC, work pass card).
- Key employment conditions or an employment contract.
- documents that are pertinent to the claim or disagreement, such as pay stubs or payment records, a letter of termination, and any emails or letters that were exchanged during the dispute.
To provide a more thorough explanation of the mediation process, TADM has put up a helpful handbook and video.
To help the adviser better understand your claim or disagreement, you must also provide the aforementioned papers if you have scheduled an advising session.
You should be on time for both the mediation and advice meetings.
The Following Are Some Potential Results Of The Mediation
- An official written settlement agreement will be obtained if the mediation is successful. Through the Community Justice and Tribunals System (CJTS), the settlement agreement can be registered as a legally enforceable order. Registration must be completed within four weeks of the settlement agreement’s issuance date. There is a $10 registration charge.
You will receive a Claim Referral Certificate from the TADM mediator to submit a claim at the ECT if the mediation is unsuccessful.
- Tribunals for Employment Claims (ECT)
The ECT is what?
The ECT gives employees and employers a speedy and affordable forum to settle salary-related and wrongful termination problems that cannot be settled through mediation at TADM.
Please be aware that only respondents (i.e., the other party to the dispute) respondents who are situated in Singapore may be the target of claims. Claims made against parties based outside of Singapore cannot be heard by the ECT.
How do I submit my complaint to the ECT?
Through the CJTS, you may submit an ECT claim online. After receiving the Claim Referral Certificate from the TADM mediator, you have four weeks to submit a claim to the ECT.
Please be aware that the ECT can only hear claims with a maximum value of S$20,000. However, you may give up the additional money if your claim exceeds this cap and you still want to pursue it at ECT.
- Tripartite Mediation for Members of the NTUC Union
What exactly is three-way mediation?
In order to expedite the resolution of frequent employment disputes between eligible Professionals, Managers, and Executives (PMEs) who are NTUC union members and their employers, tripartite mediation was developed by MOM with the assistance of SNEF and NTUC.
Employees With Executive And/or Managerial Responsibilities Who:
Are employed by a non-unionized employer, have a monthly basic income of up to S$4,500, are individual members of any registered trade union without any type of representation rights.
The following kinds of employment conflicts are covered under tripartite mediation:
Failure To Pay A Wage
- employment benefits under the law
- Retrenchment benefits being paid
- Individual employment contract breach by the employer
- challenges with reemployment
- Claims of wrongful termination
How Might Three-way Mediation Help Me Settle My Conflict?
A mediator from the TADM who will have assistance from Tripartite Mediation Advisors will facilitate triangular mediation (TMAs).
TMAs are professionals in industrial relations and human resources who bring a lot of experience to bear on your dispute. They are chosen by the three parties and put forth for appointment by the minister of labor.
How Can I Submit A Claim For Three-way Mediation?
You must submit your inquiry online along with information about the dispute or claim. An NTUC case officer will then get in touch with you and ask questions to learn more about your situation before advising you on what to do next.
Please be aware that NTUC would attempt to address the conflict amicably by getting in touch with the management of your organization before sending the matter for tripartite mediation. If an acceptable resolution cannot be achieved, the NTUC case officers will help you in submitting your case for tripartite mediation.
There are no costs associated with tripartite mediation.
After I File My Petition For Tripartite Mediation, What Happens?
Your tripartite mediation conference will be set following the filing of your complaint. The TMAs will offer guidance and consider suitable options during the mediation to assist you in resolving your conflict amicably.
Nevertheless, If You’re Unhappy.
The following choices are available to you depending on the outcome of the tripartite mediation:
- You could want to pursue your claim with the ECT for employment issues involving statutory and contractual claims and wrongful dismissal.
- You will need to think about bringing a civil lawsuit in court for employment problems involving the payment of retrenchment benefits not specified in the employment contract.
- The Ministry Of Labor (MOM)
Describe The MOM.
For the development and execution of labor laws pertaining to the workforce in Singapore, look to the MOM.
What Kinds Of Claims And Disputes Does MOM Oversee?
Workplace Injury Benefits
The Work Injury Compensation Act (WICA) enables employees to file claims for illnesses or injuries at work without first bringing a civil lawsuit. It provides a cheap and effective substitute for hiring a lawyer to handle your compensation claim settlement on your behalf.
You have a year from the accident date to file a claim, and you may do so for the following things:
- Pay for medical leave.
- medical costs.
- lump-sum payment in the event of death or permanent disability.
- Regardless of pay, age, or nationality, the WICA covers every local or international employee who is bound by a service contract or an apprenticeship contract. However, it does not apply to self-employed people, domestic help, uniformed staff, or independent contractors.
Employment Violations
Additionally, MOM monitors and looks into complaints of employment law violations. These include transgressions of the EA or failures in workplace safety and health that an employer has made so that MOM may take the proper action against the employer in question.
This is done to make sure that employers follow all applicable rules and regulations as well as ethical labor practices.
This is done to make sure that employers follow all applicable rules and regulations as well as ethical labor practices.
How Do I Make My Case?
Workplace Injury Benefits
The WicSubmit online tool may be used to file a claim under the WICA. You may submit WICA claim-related documents online using WicSubmit, get an immediate acknowledgment when they are received, and keep track of the progress of your submissions.
Please keep in mind that you should always notify your employer of any accidents or illnesses that are connected to your job before requesting reimbursement for lost earnings or medical care.
Otherwise, your employer can contest whether the incident or sickness was connected to your job. By filing an event report, you should also tell MOM, who can assist you in such issues.
Other Grievances Relating To The Workplace
A 24-hour online facility provided by MOM enables you to report an employment violation. You should only file a complaint if you are positive that a violation has been committed since MOM takes every report seriously.
When do things happen once I file my claim?
You will be required to get a medical evaluation after submitting your claim under WICA. You can do this at any hospital or medical facility, or your employer may ask that you be treated at or evaluated by a facility that has received corporate approval.
You will get a Notice of Assessment (NOA) informing you, your employer, and your employer’s insurance of the compensation amount that is owed to you when MOM calculates the compensation amount after receiving the medical report.
Your employer or your employer’s insurance must give you a check for compensation within 21 days of the day the NOA is received, barring any objections from the parties involved.
Any party that disagrees with the amount of compensation listed in the assessment must fill out and return the objection form that will be included with the NOA within 14 days of the date the NOA is received.
In the case of complaints of employment violations, a MOM officer will get in touch with you to confirm your report and provide guidance on what to do next if the claimed violation is confirmed.
- Tripartite Alliance for Progressive & Fair Employment Practices (TAFEP)
What exactly is TAFEP?
The TAFEP aims to encourage employers, workers, and members of the public to embrace ethical, responsible, and progressive employment practices. Additionally, it offers guidance and support to those who have experienced harassment or discrimination at work.
The following factors may be related to discriminatory practices:
- Age
- Gender
- Race
- Religion
- Language
- Family obligations and marital status
- Disability
- How do I file a claim with TAFEP?
You must fill out an online form with the following information if you believe you have been the victim of workplace harassment or discrimination:
- Your name, address, and NRIC number, as well as information on the occurrence of harassment or discrimination.
- Depending on the information you have supplied, TAFEP may contact you for more details about your case. TAFEP will then follow up with your organization to continue the case.
However, if you have any reservations or worries about TAFEP contacting your business, you should outline them in your report along with your justifications. This will enable TAFEP’s officials to consult with you when investigating your report and determine how to proceed with your case.
What Takes Place Once I Submit My Claim To TAFEP?
A TAFEP officer will contact you once you’ve submitted your report to further discuss the incidence of discrimination and/or harassment.
TAFEP will also speak with the company in question to establish fair hiring procedures and guarantee there are no additional discriminatory actions taken based on the aforementioned grounds.
Additionally, TAFEP has the authority to inform MOM of discriminatory actions that do not comply with the Tripartite Guidelines on Fair Employment Practices in order to conduct additional inquiries. If such failures are discovered, the guilty organization will be subject to the proper sanctions.
- Civil Courts,
As the methods mentioned above are meant to guarantee that workplace conflicts may be handled as cost-effectively and amicably as possible, taking your case to court would be the last choice.
However, there may be circumstances in which you would choose to bring a civil lawsuit in connection with your complaint or claim.
Workplace Injury Benefits
Within a year of the accident, workers injured on the job may file a civil lawsuit or a WICA claim. Before MOM issues your NOA, you may withdraw a WICA claim that you have already submitted in order to pursue a civil claim.
You must act within the following timeframes if you want to abandon your WICA claim in favor of bringing a civil lawsuit against your employer:
- If there are no objections, within 14 days following the date of service of the NOA; if any party objects to the compensation amount, within 28 days following the date of service of the NOA; or
- Before the NOA is granted, at any moment.
- Keep in mind that if you do not withdraw your claim under WICA within these limits, the court could not accept your civil lawsuit.
Occupational Harassment
You may want to file for a Protection Order, Expedited Protection Order, or Non-Publication Order from the State Courts to shield you from such harassing behavior since harassment within or outside of the workplace may constitute an offense under the Protection of Harassment Act (POHA).
You can also file a lawsuit via the District Court to seek financial restitution from your harasser.
You should contact the police or submit a magistrate’s complaint if the harassment is serious and you think the harasser has broken the law.
In these situations, you should get legal counsel from a lawyer who would be better equipped to advise you on the procedures involved if you decide to pursue a civil claim or seek criminal punishment.
Finally, it is crucial to keep in mind that when pursuing remedies through the different channels described above, you should endeavor to gather as much evidence as you can for their cause.
Despite the fact that these options are available to assist employees in resolving employment-related disputes or claims, you should always attempt to address the issue with your employer and come to an amicable resolution first. For more information, kindly leave a comment below.