According to the Tripartite Advisory on Managing Excess Manpower and Responsible Retrenchment, if an employer ends an employment contract without any intention to fill the position soon, it's assumed to be retrenchment. If the company doesn't plan to replace the role in the near future, it could be a retrenchment situation.
However, there isn't a standard method to determine if your termination has been misrepresented. Often, it depends on various factors like the reason for termination (if provided) or the number of employees affected. Each case is unique, and you should consult your line manager or HR to gain a better understanding of the situation before deciding on your next steps.
You should always discuss the situation with your line manager or HR first to evaluate the circumstances before considering your next steps. It's in everyone's best interest to reach a peaceful resolution.
If the parties involved can't resolve the matter privately and you believe your case has been misrepresented, you can email [email protected] with essential details such as your contact information, company name, and the expected amount of retrenchment benefits to be received. This will allow them to assess your case.
The company should make sure that the selection of employees for retrenchment is objective. Selection should be based on objective criteria such as the employee's ability, experience, and skills that support the company's sustainability, workforce transformation, and future business needs.
The company must apply these criteria consistently and not discriminate against any employee based on age, race, gender, religion, marital status, family responsibility, or disability.
You should file a salary-related claim with the Tripartite Alliance for Dispute Management (TADM). You must do so within 6 months from your last day of employment. The maximum amount you can claim under a salary-related claim is S$20,000 (or S$30,000 for union members claiming with their union's help).
No, retrenchment benefits are not mandatory under the guidelines. However, you can email [email protected] with key details such as your contact information, company name, and the expected amount of retrenchment benefits to have your case assessed.
Yes. Under the Employment Act 1968, either party can terminate the contract without waiting for the notice to expire by paying a salary in lieu for the remaining period.
Yes. You can report discriminatory workplace practices to the Tripartite Alliance for Fair Practices. Be prepared to provide your company name and details of the incident, including any relevant documents to support your report.
Both parties will attend mediation at the Tripartite Alliance for Dispute Management (TADM) to reach an amicable settlement. If a settlement is reached, parties will sign a Settlement Agreement and register it at the Employment Claims Tribunal. Parties will also inform the TADM of the outcome.
If no settlement is reached, a party can file a claim at the Employment Claims Tribunal and appear before a Tribunal Magistrate to present their case. An order will be made at the end of the hearing.
There is no fixed timeline. It depends on the facts and complexity of the case.
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