Singapore

Freedom of association / Right to organise

Freedom of association

Anti-Union discrimination

Barriers to the establishment of organisations

Prior authorisation or approval by authorities required for the establishment of a union

Formation of a union is subject to the approval of the Registrar of Trade Unions, who has wide-ranging powers to refuse or cancel registration, particularly where a union already exists for workers in a particular occupation or industry. Parliament may impose restrictions on the formation of a union on the grounds of security, public order or morality.

Restrictions on trade unions’ right to organise their administration

Restrictions on the right to freely draw up their constitutions and rules

Trade unions must submit new rules, or alterations to their existing rules, to the Registrar for approval within seven days of the rule change. The Registrar has the right to refuse the rule change if s/he deems it either unlawful or "oppressive or unreasonable".

Restrictions on the right to elect representatives and self-administer in full freedom

The Trade Union Act limits what unions can spend their funds on and prohibits payments to political parties or the use of funds for political purposes.

Administrative authorities’ power to unilaterally dissolve, suspend or de-register trade union organisations

The Registrar may cancel the registration of trade union on a broad range of motives. Art. 15 of the Trade Unions Act (1949): "The Registrar may cancel the registration of trade union [...] if he is satisfied (iv) the union is being used for any unlawful purpose or for any purpose inconsistent with its objects and rules; (v) that the trade union has rescinded any rule providing for any matter for which provision is required by section 38 or has willfully and after notice from the Registrar — (A) contravened any provision of this Act or allowed any rule to continue in force which is inconsistent with any such provision; or (B) allowed any rule to continue in force which is in the opinion of the Registrar oppressive or unreasonable; (vi) that the funds of the trade union are expended in an unlawful manner or on an unlawful object or on an object not authorised by the rules of the union; or (c) if he is satisfied in the case of a trade union of workmen in a particular trade, occupation or industry, that it is being used or is likely to be used against the interests of workmen in that particular trade, occupation or industry; or (d) if he is of the opinion in the case of a trade union of workmen in a particular trade, occupation or industry and having regard to the existence of another trade union or other trade unions of workmen in the same trade, occupation or industry that it is necessary in the interests of the workmen in that particular trade, occupation or industry, to cancel or withdraw the certificate of registration of the trade union.

Categories of workers prohibited or limited from forming or joining a union, or from holding a union office

Others categories

Trade union members who are under 21 years of age need prior written approval from the Minister to serve as a trustee or executive of a trade union.

Other civil servants and public employees

Although the Trade Unions Act prohibits government employees from joining trade unions, the law gives the President of Singapore the right to make exceptions to this provision. The Amalgamated Union of Public Employees (AUPE) was granted such an exemption, and its scope of representation now covers all public sector employees except the most senior civil servants. In addition to AUPE, 15 other public sector unions are exempted. Uniformed personnel involved in maintaining security and public order are not allowed to organise.

Non-national or migrant workers

The Trade Unions Act bars any person "who is not a citizen of Singapore" from serving as a national or branch officer of a trade union unless prior written approval is received from the Minister. The Act also stipulates that a foreign national cannot be hired as an employee of a trade union without prior written agreement from the Minister. Similarly, a foreign national is forbidden to serve as a trustee of a trade union without the Minister's written permission.

Others restrictions

Others restrictions

Administrative appeals against the decisions of the Registrar must be lodged with the Minister whose decision is final. There is no judicial recourse available. According to article 17 of the Trade Unions Act (1949), “Any person aggrieved by the refusal of the registrar to register a trade union, or by an order of the registrar under section 15 may appeal against the refusal or order to the Minister at any time within a period of 30 days reckoned from the date of the refusal or order." Furthermore, article 18 of the Trade Unions Act provides that "decisions of the Minister on an appeal shall be final and shall not be called in question in any court.”

Right to collective bargaining

Right to collective bargaining

Restrictions on the principle of free and voluntary bargaining

Exclusion of certain matters from the scope of bargaining (e.g. wages, hours)

Transfers and layoffs are excluded from the scope of collective bargaining, although unions have the right to ask for the reasons behind the retrenchment and to negotiate compensation for workers in such cases.

Compulsory conciliation and / or binding arbitration procedure in the event of disputes during collective bargaining, other than in essential services

Disputes can be settled by means of negotiations through the Ministry of Manpower using the procedures laid down by the Industrial Relations Act. If conciliation fails, the parties may submit their case to the Industrial Arbitration Court (IAC). In limited situations, the law provides for a system of recourse to compulsory arbitration, which can put an end to collective bargaining at the request of only one of the parties.

Restrictions on the scope of application and legal effectiveness of concluded collective agreements

Excessive majority required to authorise the endorsement of a draft collective agreement

Under an amendment to the Trade Unions Act adopted in 2004, union members no longer have the power to accept or reject collective agreements negotiated between their union representatives and the employer.

Restrictions on the duration, scope of application or coverage of collective agreements

All collective agreements have a validity of no less than 2 years and no more than 3 years.

Authorities’ approval of freely concluded collective agreements

Collective agreements must be certified by the tripartite Industrial Arbitration Court (IAC) before they come into effect. The IAC can refuse certification on the grounds of public interest. A certified agreement is legally binding on both the employers and the union.

Limitations or ban on collective bargaining in certain sectors

Other categories

Under the Trade Unions Act, only “workmen” who are under a contract of service or apprenticeship can join trade unions. Self-employed persons are usually under contract for services, and thus do not fall within the scope of the “workman” definition. In addition, unions generally are not allowed to represent those in senior management. Lastly, certain public employees (i.e. police officers, employees in the prison services etc) cannot join unions, and thus do not engage in collective bargaining.

Right to strike

Right to strike

Barriers to lawful strike actions

Obligation to observe an excessive quorum or to obtain an excessive majority in a ballot to call a strike

To call a strike, 50% plus one of all the trade union's members must vote in favour.

Compulsory recourse to arbitration, or to long and complex conciliation and mediation procedures prior to strike actions

Art.31 Industrial Relations Act (1960): “A Court shall have cognizance of a trade dispute where – (…) (b) a trade union or an employer who is a party to a trade dispute makes a request in writing to the Registrar that under section 50(1) of the Employment Act (Cap. 91) the trade dispute be submitted to arbitration; (…) (e) the Minister by notice in the Gazette directs that the trade dispute be submitted to arbitration; or (f) the President of Singapore by proclamation declares that by reason of special circumstances it is essential in the public interest that a trade dispute be submitted to arbitration.”

Ban or limitations on certain types of strike actions

Restrictions with respect to type of strike action (e.g. pickets, wild-cat, working to rule, sit-down, go-slow)

Under the Trade Disputes Act, article 3, “An industrial action shall be illegal if —(a) it has any other object than the furtherance of a trade dispute within the trade or industry in which the persons taking part in the industrial action are engaged; (b) it is in furtherance of a trade dispute of which an Industrial Arbitration Court has cognizance; or (c) it is designed or calculated to coerce the Government either directly or by inflicting hardship on the community.” In addition, sympathy strikes are prohibited.

Undermining of the recourse to strike actions or their effectiveness

Absence of specific protection for workers involved in lawful strike actions (e.g. against dismissal)

There is no specific legislation that prohibits retaliation against strikers.

Excessive civil or penal sanctions for workers and unions involved in non-authorised strike actions

If the strike is unlawful, it may be deemed as an offence under section 27 of the Trade Unions Act. Under article 9(1) of the Criminal Law (Temporary Provisions) Act of 1955, any workman who commences, continues or otherwise acts in furtherance of a strike which is illegal under this Part shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both. A similar penalty applies to any person who instigates or incites others to take part in, or otherwise acts in furtherance of, a strike deemed illegal (article 10 of the Act).

Limitations or ban on strikes in certain sectors

Other limitations (e.g. in EPZs)

A number of categories of workers are not allowed to strike: public servants, hospital personnel, port workers, employees of airlines and self-employed workers.