Unions and employers should only refer
their disputes for arbitration when they have failed to resolve
them through the grievance procedure or conciliation at the
Ministry of Manpower. The disputes may be referred for arbitration
in the following manner :
1. Joint Application
The union and employer jointly submit a dispute arising out
of or outside of a CA for arbitration.
2. Ex-parte Application
Either union or employer may refer any of the following
for arbitration :
- dispute over wages (eg. NWC recommendations), AWS, bonus/variable
payment, or transfer of employment
- apply for referee of the Court to hear dispute arising
out of CA or award
- seek an interpretation of CA or award to remove ambiguity/uncertainty
- seek an Order to prevent non-compliance with CA or award
or a provision of the Act.
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