LABOUR LAW

IN
SINGAPORE
SEMINAR 1

NO FORM OF ELECTRONIC RECORDING IS PERMITTED UNLESS PRIOR PERMISSION IS OBTAINED
INTRODUCTION TO LAW
Why must you take a
Singapore Studies
module?
This is a Singapore
Studies module which
relates to law.
Why is it good to
know about the law?
SOURCES OF LAW
Essentially, there are two sources of law:

(a) Statutes/Acts/Legislation

(b) Cases









Statutes/Acts/Legislation
Made by whom? - -
Can statute law grow/change over
time?
How/where can you access them? -
http://statutes.agc.gov.sg/

Cases
Made by whom?
Note: general doctrine of
precedent (Why is there
such a doctrine?)
Note: case law, just like
statute law can
grow/change over time.
How/where can you
access them? -
lawnet.com




High Court (2011)
- A doctor in principle can be liable
in negligence.
Lower Court (2012)
- Another doctor (assume he is
negligent) is sued in negligence
is this court bound by the 2011
High Court decision?
- What if this doctor appeals all the
way to the Court of Appeal?
Lower Court (2013)
- Lawyer being sued in negligence
is the court bound by the 2011
High Court doctor case?





Statutes and Cases
So the legal solution to any
problem lies in looking at the
relevant _____________.
CRIMINAL AND CIVIL PROCEEDINGS
Proceedings heard in court may be criminal or
civil in nature.

What are some examples of criminal matters?
When will the doing of something amount to a
crime?

Issues that affect the private rights and obligations of
two parties is civil matter.
What are some examples of civil matters?

Some differences (generally speaking) between
criminal and civil proceedings

Criminal Civil
Parties State v Defendant Plaintiff v Defendant
Aim
Terminology
Burden of Proof
Criminal and Civil Proceedings:
Other Matters
Is it possible that both civil and
criminal proceedings arise out of
the same set of facts?
What are some examples?
Criminal and Civil Proceedings: Other
Matters
If the facts give rise to both a civil and
criminal action is there any connection
between them: ie, are they generally
heard by the same court/judge?
In this course, would the focus be placed
on civil or criminal proceedings?

Civil Dispute Resolution
If there is a civil legal wrong, would an
employer/employee definitely want to resolve it
through the avenues provided for seeking redress? If
not why not?
There are various avenues open for seeking redress
such as:
Negotiation
Litigation
Mediation (at various venues)
Labour Court (at MOM)
Arbitration (at IAC)
Civil Litigation
There are essentially 2 levels of courts in Singapore:
(a) Subordinate Courts -
http://app.subcourts.gov.sg/
(b) Supreme Court
http://app.supremecourt.gov.sg

Some disadvantages of litigation are:

Must you get the consent of the
other party to go for litigation?

Litigation - Costs
If you win a court case, would the losing party pay some, all
or none of your legal fees?


Mediation
What are the advantages of mediation:
- It is much cheaper (some places even free)
- It is much faster
- It is very informal
- There is privacy
- It attempts to create a win-win situation

But note: process of mediation is totally different from
litigation/arbitration, ie: there is no judgment.

Must the consent of the other party be obtained to go for
mediation?
Mediation
There are various places where you can go for mediation for
employment disputes, such as:
Ministry of Manpower:
http://mom.gov.sg/publish/momportal/en/home.aspx
Open to all employers/employees
Singapore Mediation Centre: http://www.mediation.com.sg
Open to all

MOM SMC
Which is more Common?
Complexity of Issues?
Cost?
Counsel?
LABOUR COURT (at MOM)
Note: not all employees are covered under the
Employment Act eg: domestic workers,
government employees, statutory board employees
and, executives and managers earning more than
$4500 a month.
The labour court is only open to employees covered
by the Employment Act.
Note: no lawyers are involved in the Labour Court
and it is very cheap.
Must you get the consent of the other party to go to
the Labour Court?
(a) If she is
covered by
EA, where
can she go?

(b) If she is
not covered
by EA, where
can she go?
INDUSTRIAL ARBITRATION COURT
This is only for disputes between unions
and employers.
http://www.iac.gov.sg/
No lawyers are involved.
Must the consent of the other party be
obtained before you go to the Industrial
Arbitration Court?
Summary
It is important to know the difference between civil
and criminal proceedings. In this module we will be
looking at both.
The sources of law are statues and cases. In this
module we will be referring to both in order to find
solutions to typical legal disputes that may arise as
between the employer and employee.
There are various avenues for resolving labour
disputes in Singapore. Some may be more suitable
than others depending on the circumstances.
Readings
Employment Law in Singapore (basic text); 3rd
Edition: paras: 1.1-1.2, 1.8-1.14.
Introduction to Business Law in Singapore (4
th

Edition): Chapter 1
Assessment
Group Assignment (20%) - there will be 1 group assignment.
Class Participation (20%) involves answering/asking
questions in class.
Final Examination (60%) will be an open-book examination.






Other Course Related Matters:
IVLE: Workbin; Discussion Forum; Syllabus;
Announcement

Consultation: Discussion Forum/
bizrc@nus.edu.sg / 65163045/ Mochtar Riady
Building, # 06-29.