Summary: Employment Legislation And Practices (Elp)

Read the summary and the most important questions on Employment Legislation and Practices (ELP)

• 1 Concepts and Perspectives

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• Phases Of Employment Relations

  – Antagonistic : Rejection & Blockage
  – Adversarial : Confrontation & Competition
  – Mutually tolerant : Passive and Reactive
  – Cooperative : Acceptance & Teamwork
  – Creative : Proactive & Innovative

• 2 An Overview of the Tripartite System: The Trade Union Recognition Process

• The Trade Union Recognition Process

  -Union serves Form 'A' on employer --> CC Ministry of Manpower
  -Majority: 50% + 1

• 3 An Overview of the Tripartite System: The Government and Employer Organisations

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• Objectives of Singapore National Employers Federation (SNEF)

  - strengthen tripartite relationship
  - help employers to achieve excellence so as to be competitive
  - to create better jobs

• Objectives of Ministry of Manpower (MOM)

  – Labor Relations Department
  • Advises on terms and conditions of employment
  • Investigate claims and complaints regarding employment terms
  • Conciliate employment disputes

• Objectives of The Industrial Arbitration Court (IAC) :

  
  FINAL SAY
  – Hear and resolve trade disputes
  – Register, certify and interpret and vary terms in CAs
  – Settle disputes through mediation and conciliation
  – Refer disputes to referees for determination
  – Hear appeals

• The role of the Tripartite Alliance for Dispute Management (TADM)

  • A mediation body set up by MOM, NTUC and SNEF
  • Mediation is compulsory for all salary-related disputes before bringing the claim to the Employment Claims Tribunals (ECT)

• 4 The Essential Features of the Employment Act (Part 1)

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• Who it covers (Key Changes Effective 1 April 2019)

  Foreign employees holding a work pass are also covered by the Employment of Foreign Manpower Act, which outlines an employer’s responsibilities and obligations for employing foreigners.

• Who is a manager or executive

  In general, managers and executives are employees with executive and supervisory functions.
  Their duties and authority may include one or all of the following:
  

  • Making decisions on issues such as recruitment, discipline, termination of employment, performance assessment and reward.
  • Formulating strategies and policies of the enterprise.
  • Managing and running the business.

  
  They also include professionals with tertiary education and specialised knowledge or skills whose employment terms are like those of managers or executives. For example:
  

  • Advocates and solicitors
  • Chartered accountants
  • Practising doctors and dentists

• Who is a workman

  Generally, workman is someone whose work involves mainly manual labour.
  This includes someone who falls under any of these categories:
  

  • Does manual work (including artisans and apprentices, but not seafarers or domestic workers).
  • Operates or maintains commercial vehicles with passengers.
  • Supervises manual workers, but also performs manual work more than half their working time.
  • Has a job specified in the First Schedule of the Employment Act, namely:
    • Cleaner
    • Construction worker
    • Labourer
    • Machine operator and assembler
    • Metal and machinery worker
    • Train, bus, lorry and van driver
    • Train and bus inspector
    • Workman employed at piece rates at an employer’s premises

• Reasons why “Due Inquiry” (Disciplinary Inquiry) must be held.

  –It is to determine :
  • Whether the alleged misconduct happened.
  • If yes, the person(s) responsible should have the opportunity to present their case.
  • Whether any mitigating circumstances exist.
  • The person hearing the inquiry should not be in a position which may suggest bias.