By Ramesh Subbaraman and Shukry Rashid
Singapore’s unique brand of tripartism has been broadened further, this time to help resolve employment disputes.
Officially launched on 31 March 2017, the Tripartite Alliance for Dispute Management (TADM) is a joint effort by the Ministry of Manpower (MOM), NTUC and the Singapore National Employers Federation (SNEF).
Click here for more information on TADM@NTUC
TADM’s functions
TADM aims to improve protection and support in several ways. First, more employees will be eligible for salary claims beyond those covered under the Employment Act.
Speaking at the launch event at the Devan Nair Institute for Employment and Employability (DNI), Manpower Minister Lim Swee Say explained that workers, including professionals, managers and executives (PMEs), who have a salary claim issue can approach TADM.
“Many have told me they need assistance to resolve salary disputes. TADM will mediate first. This resolves the claims in the vast majority of cases. The claims will be referred to the Employment Claims Tribunals (ECT) if mediation fails,” explained Minister Lim, who was joined by NTUC President Mary Liew, Secretary-General (SG) Chan Chun Sing and SNEF President Robert Yap at TADM’s launch.
Workers will have to request for mediation at the TADM website or make an e-appointment to see a TADM officer for advice. The mediation process between employee, employer and TADM will take place two to three weeks later.
MOM explained that currently more than nine in 10 salary claims are resolved through mediation.The rest of the cases remain unresolved because the employers are either unable to pay due to business failures, disputes the claim or are unwilling to pay.
In such cases, TADM will guide the affected worker on taking the case to the ECT. Both the ECT and TADM will start operations on 1 April 2017 at DNI.
TADM will also work with partner agencies to provide more holistic support to employees. These include referrals to partners for employment facilitation, legal advice, social assistance and short-term financial relief.
One such scheme which TADM operates is the Short-Term Relief Fund.
It provides financial relief to local low-wage workers who are owed salaries when it is found at the mediation stage that the employer is unable to pay because the business has failed.
In such cases, the affected workers will receive up to a month’s salary, capped at $1000, while he or she looks for a job with the help of NTUC’s e2i (Employment and Employability Institute) and other agencies like the Social Service Offices.
TADM can also assist workers on non-salary disputes. They will be referred to TADM's voluntary mediation for resolution.
Mediation First
Meanwhile in an interview with NTUC This Week, NTUC Assistant Secretary-General (ASG) and TADM Co-General Manager Cham Hui Fong shared that the TADM idea came from the Tripartite Mediation Framework (TMF).
Formed in 2011, the TMF is a mediation process by MOM to help General Branch (GB) PME members on salary, retrenchment and contract disputes. Their salaries cannot exceed $4,500 per month.
From 1 April 2017, the TMF will also be enhanced to include mediation on re-employment and statutory issues. The salary cap of $4,500 per month will also be removed.
Previously, these workers would have had to bring their cases to the civil courts.
Now, GB members who go through TADM for mediation will be referred to TMF if they have a case. If TMF fails as well, then the case will be raised to ECT.
ASG Cham said that the tripartite partners found that TADM would be a good platform to help workers, especially PMEs earning more than $4,500 per month.
“The tripartite partners agree that with the changing employment profile, we should do more to take care of the larger group of workers,” she added.
Tripartite Hub
TADM will have two outlets. The one at DNI at Jurong East will focus on local employees while the second, which is a tie-up with the Migrant Workers’ Centre, will be housed at the MOM Services Centre at Bendemeer Road. This centre will focus on work pass holders.
Also being housed at DNI is the Tripartite Alliance For Fair and Progressive Employment Practices (TAFEP).
Minister Lim said DNI will be the hub for tripartite programmes and initiatives to better serve workers.
TADM at NTUC: More Help for Members
Members of U Network can enjoy more benefits with the launch of TADM. They include union members, and members of U Associate, U PME and U FSE (freelancers and self-employed).
They can walk into TADM and receive immediate advice instead of having to wait two weeks.
Union members will receive close guidance and support throughout their cases. The remaining members of U Network will receive advice when they approach TADM.
Part of the additional services provided to union members is a higher claims limit, which is $30,000 instead of $20,000 for non-members.
ASG Cham said that the Labour Movement wants to provide additional and differentiated services for U Network members.
She added: “When a worker is distressed and walks into TADM, there must be issues at work that bothered them. We can provide immediate advice, and call up their companies immediately to seek clarifications.”
Ordinary Branch (OB) members will have a union representative throughout the mediation process up to the ECT, while General Branch (GB) members will have an advisor from NTUC’s GB unit.
Traditionally, OB members – with their unions’ help – have the option to negotiate with their employers, and have their unions raise their issues to MOM or the Industrial Arbitration Court. With TADM, unions have an
additional support channel to help OB members with statutory and contractual salary disputes if their claim is less than $30,000.
Advice for Freelancers
Freelancers affiliated to U Network will be glad to know that TADM can be an avenue for them to seek assistance and clarifications on salary and contractual matters, and on whether they were engaged under a contract of service or contract for service.
Contract of service refers to employees while contract for service refers to freelancers. TADM at NTUC will assist and clarify if the workers are indeed under contract for service or a disguise of contract of service.
If their contracts are deemed as contract of service, TADM at NTUC will assist them up to ECT while workers under contract for service will be referred to the Small Claims Tribunal.
Source: NTUC This Week
