1
Qn 1: What should I do before the proceedings?
To help you present your case accurately and clearly,
you are advised to:
•
•
Qn 5: Can I (Respondent) make a counterclaim
against the Claimant?
BEFORE THE INQUIRY
Yes. You must notify the ACL and the Claimant in writing
at least 3 working days before the date of the
proceedings, clearly stating the nature and amount of the
counterclaim.
Write down relevant facts and dates to support your
case.
Prepare the necessary documentary evidence to
support your case. You must bring the original
copies of your documents for the proceedings and
make at least 2 copies of the documents for
submission to the Assistant Commissioner for
Labour (ACL).
Qn 2: What do I need to do if the claims are
settled before the proceedings?
You should notify the ACL in writing by completing the
‘Withdrawal of Claims’ form. The form should reach the
Ministry before the date of the proceedings.
Qn 3: Can I request for the proceedings to be
postponed?
Postponement of the proceedings is generally not
allowed unless there are valid reasons. Any request for
postponement must be made in writing to the ACL at
least 3 working days before the proceedings and
supported with documentary evidence. The ACL will
decide whether to grant a postponement. If there is no
confirmation of the postponement from the ACL, you (or
your authorized representative if you are the Respondent)
must attend the proceedings as the case shall proceed
as fixed.
Qn 4: Can I discuss my case with the ACL before
the proceedings?
No. This is not appropriate. The ACL will inquire into the
validity of the claims and adjudicate the case during the
proceedings.
company/firm if a paid employee is attending the
proceedings on behalf of the company/firm;
2
d.
Identity card/passport/work pass etc (Please bring
a photocopy for the Inquiry if you are the
Respondent); and
e.
All original documents/records relevant to the
claims (with a copy for the ACL and a copy for the
other party) including:
ON THE DAY OF THE INQUIRY
Qn 1: Is there any code of conduct to observe
during the proceedings?
Both claimant and respondent should attend the
proceedings in person. Representation by lawyer or paid
agent is not allowed. The following court etiquette should
be observed during the proceedings:
•
Be punctual.
•
Dress neatly.
•
Switch off your mobile phone or set it to the silent
mode before the start of the proceedings.
Recording of the proceedings is strictly prohibited.
•
State the facts of the case clearly and focus on the
points relevant to the claims and address these to
the ACL.
•
Take notes when the other party is presenting his or
her case to help you in your cross-examination.
•
Do not interrupt the other party or the ACL at any
time during the proceedings.
Qn 2: What do I need to bring on the day of the
proceedings?
You should bring the following documents (where
applicable) :
Receipt for payment of court registration fee;
b.
Summons/Notification
proceedings;
c.
Letter of Authorisation signed by a registered
Director/Partner
or
Sole-Proprietor
of
the
to
attend
Letter of appointment, contract of service
agreement;
•
Letter of resignation or termination;
•
Salary records such as salary slips, payment
vouchers;
•
Bank passbook if salary is credited through
the bank (for Claimant);
•
Attendance records
attendance register;
•
CPF contribution statement of account; and/or
•
Annual leave records.
Qn 3:
such
as
time-cards,
What happens during the proceedings?
During the proceedings, the ACL will inquire into the
claims by making reference to relevant provisions in the
Employment Act and/or employment contracts. The ACL
may:
•
Issue a Consent Order for the Respondent to make
payment of the agreed sum if both parties are able
to reach a settlement; or
•
Adjourn the case to another date & time for further
inquiry. If needed, the parties may be required to
produce witnesses to give evidence.
Qn 4: What happens if I (Claimant) do not turn
up for the proceedings?
a.
Letter
•
the
If you fail to turn up for the proceedings, your claim(s)
may be STRUCK OFF by the ACL.
Qn 5: What happens if I (Respondent) do not
turn up for the proceedings?
The ACL may hear the case in your absence and make a
decision which may be prejudicial to your interest. You
are therefore advised to attend the proceedings to
respond to the claims and present your defence.
Qn 3: What can I (Claimant) do if I do not receive
payment by the deadline specified by the ACL?
You may enforce the Order at the State Courts.
You may contact our Officer whose contact details are in
the covering letter to the Order, for assistance.
If an Order has been made against you in your absence
and you are dissatisfied with the decision or Order of the
ACL, you may appeal within 14 days after the date of
decision or Order to the Commissioner for Labour to set
aside the order. Your appeal has to be made in writing,
substantiated with documentary evidence, explaining why
you failed to attend the Inquiry and the reason for
objecting to the Order.
3
Qn 1:
AFTER THE INQUIRY
What happens after the proceedings?
If an Order is made, a copy will be sent to both parties. If
the Order is in the Claimant’s favour, the Respondent will
have to make the payment in accordance with the Order
within the period specified by the ACL.
A Guide to An
Inquiry Under The
Employment Act
Qn 2: What can I do if I disagree with the
Order?
If you are dissatisfied with the decision or Order of the
ACL, you may appeal to the High Court within 14 days
after the date of decision or Order. You may wish to
consult your lawyer on such matter.
If an Order has been made against you (Respondent),
notwithstanding that you are lodging an appeal against
the Order, you will still have to make payment as ordered,
unless you have obtained an Order from the High Court
for a Stay of Execution.
If you fail to comply with the Order without an Order for a
Stay of Execution, you risk having the Claimant take
enforcement action on the Order.
Ministry of Manpower
Labour Relations & Workplaces Division
1500 Bendemeer Road Singapore 339946
MOM Call Centre: (65) 6438 5122
Facsimile: (65) 6535 4811
Email: mom_lrwd@mom.gov.sg
Website: http://www.mom.gov.sg
The information provided in this brochure is accurate at
time of printing. This guide aims to provide basic
information to both employers and employees on the
procedures of the Inquiry proceedings.