UNLAWFUL TERMINATION OF EMPLOYMENT

UNLAWFUL TERMINATION OF EMPLOYMENT

26.

Er Lee Bee Wah asked the Minister for Manpower (a) how many cases of unlawful or unsatisfactory termination of employment by employers have been brought to the Ministry's attention over the past three years; (b) how many of these cases involved executives and pregnant women respectively; and (c) how can the Ministry assist these executives and pregnant women.

Mr Gan Kim Yong: In 2007 and 2008, my Ministry received a total of 118 and 101 cases respectively on complaints of unfair dismissals. Last year, 149 such cases were lodged. Amongst these cases, 16 cases in 2007 and 26 cases in 2008 involved pregnant employees. Last year, 56 cases involving pregnant employees were lodged. The increase could be due to a variety of factors including greater awareness of maternity protection for pregnant employees as a result of heightened publicity and the recent enhancement of maternity leave benefits.

Under the Employment Act, employees who feel that they have been unfairly dismissed, could appeal to MOM against the dismissal. The Ministry would investigate these cases and if the dismissal is deemed to be without just cause or excuse, the company will be required to reinstate or compensate the employee. The majority of cases received by the Ministry were mediated and amicably resolved between the employee and employer, sometimes with a settlement payment. Some 3% of cases received were found to be dismissals without just cause, and the companies involved were required to compensate the employee.

With regard to cases on complaints of unfair dismissals involving executives, we received one case in 2008 and 12 cases in 2009 which are related to pregnancy. Executives dismissed on grounds related to pregnancy could appeal against unfair dismissal to MOM and if found to be valid, the company will be required to reinstate or compensate the employee. For non-pregnancy related disputes including alleged unfair dismissals on other grounds, the Ministry provides mediation assistance. On average, about 270 executives seek MOM's assistance each year. Close to half of such disputes were resolved amicably. The rest of the cases were withdrawn, or the employee sought settlement with their employer directly or through the civil courts, after consultation with the Ministry.

Our workforce is becoming better educated and more skilled, with a growing number joining the executive ranks. In this regard, the Ministry of Manpower (MOM) recently announced plans to introduce a dispute resolution process to help junior and mid-level Professionals, Managers and Executives (PMEs) resolve common employment disputes with their employers. MOM targets to launch this new initiative for PMEs by 2011. The details are currently being worked out in consultation with the tripartite partners.

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