Analysis of Trade Union Recognition under Singapore Employment Law

This report examines the legal framework surrounding trade union recognition in Singapore, focusing on the processes and regulations governing union establishment and operation. It details both voluntary and statutory recognition procedures, highlighting the role of employers and the importance of secret ballot systems. The report further explores collective bargaining, outlining the negotiation processes and the role of the Industrial Relations Act in addressing disputes. It also discusses the resolution of bargaining unit disputes through conciliation and arbitration. The analysis includes relevant legislation and case law, providing a comprehensive overview of trade union recognition within the context of Singapore's employment law, including references to the Industrial Relations Act and the Industrial Dispute Act.

Running head: EMPLOYMWNT LAW
Trade Union Recognition
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Union recognition process:
The present question is based on the employment law in Singapore. Under this law,
four categories are present to deal with various dimensions of the employment-based problem
(Mirsky et al., 2016). They are general employment laws, employment of foreigners, trade
union law and workplace safety. Trade unions are set up for the benefit of the workers in a
commercial place and attempt to secure the interest of the workers. Therefore, it can be stated
that the trade unions are playing important role in work place. After the incorporation, the
trade union should be recognized (McDonnell et al., 2013). The main objective of trade union
is to secure the interest of the workers, but employers are taking an effective part in the
recognition process of the unions. The recognition procedure of the trade union is based on
the consent of the employers on the negotiation issue of the wage and working condition.
Under the trade union law, the process of negotiation between the employers and the union is
known as collective bargaining.
The union recognition process is divided in two parts, such as voluntary recognition
and statutory recognition (McGettigan & Scott, 2014). If the employer is giving consent over
the trade union issue, the process will be known as voluntary recognition. In this case, there
is no necessity of any legal process. The consenting procedure is based on the secret ballot
system (Chan & Hui, 2014). In this process, the parties remain flexible regarding the
recognition arrangement. In Singapore, the trade unions are recognized when the employees
are claiming for the same maintaining the rules stated under part 3 of the Act. When the claim
has been served to the employer, he is bound to response on the same within the limitation of
seven consecutive days. If the employers have failed to meet the criteria within the prescribed
period, he will be liable show cause to the commissioner. The commissioner may, at his
discretion, informs the employer to state his view by way of secret ballot system. An
acknowledgement is needed in this process specify the condition regarding the secret ballot

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system. In the union recognition procedure, ballot system is mandatory in nature. It is the
responsibility of the commissioner to let the employer know about the result of the ballot
process regarding the recognition of union. If it has observed that most of the employees had
casted their votes for the establishment of trade union, the employer will recognize the trade
union within three working days. The countdown for the recognition will be start from the
date of knowledge about the result of the secret ballot. It is the sole responsibility of the
employer to inform the employees about the recognition process.
Dispute regarding bargaining unit
Trade unions are used as an institution to promote industrial relationship, which are
resulted into an enhancement of the socio-economic status of the country. The parties to the
trade union are the employer and employees. When a union is recognized, the employer
makes a process of negotiation over the issues related to the wages and working conditions.
They are known as collective bargaining (Grimshaw, Bosch, & Rubery, 2014). Three Acts
are dealing with the collective bargaining procedure. Under the Industrial Relations Act,
recognition is possible only by the consent of the employers. It is primary duty of the
employer to negotiate on certain issues regarding the interest of the employees. The collective
bargaining process includes remuneration, working conditions, facilities, health and safety
measures of the employees and other related company affairs. Therefore, it can be stated that
the collective bargaining is important in a workplace.
If there is, any laxity or dispute arises regarding the same, certain steps can be taken
that are ensured by the Industrial Dispute Act. Under the Act, certain steps regarding the
conciliation process has been stated in section 21. If it has been observed that there is no
possibility regarding the collective agreement in between the employer and the employees,

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conciliation proceeding can be adopted. The commissioner in certain circumstances may
chair conciliation process.
In Singapore, there is another process by which dispute regarding bargaining unit be
resolved. This process is known as the arbitration process (Leggett & Stewart, 2014). If
matter regarding the dispute is to be referred to the IAC, an arbitration proceeding will be
commenced by them. If the disputed matter is over the waging system, any one of the party
can make the request to IAC. However, except the waging problem, joint request is needed in
every single issue.

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Reference:
Chan, C. K. C., & Hui, E. S. I. (2014). The development of collective bargaining in China:
From “collective bargaining by riot” to “party state-led wage bargaining”. The China
Quarterly, 217, 221-242.
Grimshaw, D., Bosch, G., & Rubery, J. (2014). Minimum wages and collective bargaining:
What types of pay bargaining can foster positive pay equity outcomes?. British
Journal of Industrial Relations, 52(3), 470-498.
Grimshaw, D., Bosch, G., & Rubery, J. (2014). Minimum wages and collective bargaining:
What types of pay bargaining can foster positive pay equity outcomes?. British
Journal of Industrial Relations, 52(3), 470-498.
Leggett, C., & Stewart, G. (2014). Australia and the system of arbitration in Singapore. The
Economic and Labour Relations Review, 25(1), 115-129.
McDonnell, A., Bartram, T., Boyle, B., Stanton, P., & Burgess, J. (2013). Union recognition,
bargaining arrangements and voice mechanisms of US and Australian MNEs in
Australia.
McGettigan, C., & Scott, S. K. (2014). Voluntary and involuntary processes affect the
production of verbal and non-verbal signals by the human voice. Behavioral and
Brain Sciences, 37(6), 564-565.
Mirsky, R., Gal, Y. A. K., Stern, R., & Kalech, M. (2016, May). Sequential plan recognition.
In Proceedings of the 2016 International Conference on Autonomous Agents &

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Multiagent Systems (pp. 1347-1348). International Foundation for Autonomous
Agents and Multiagent Systems.