Can expats in Singapore use the services of MOM TADM to resolve salary-related claims in Singapore?

Singapore is home to a diverse workforce that includes a significant number of expatriates working across various sectors. As with any employment arrangement, disputes can occasionally arise; particularly regarding salary and contractual obligations. One of the common concerns among expatriates is whether they can seek recourse through Singapore’s employment dispute resolution mechanisms, specifically the Tripartite Alliance for Dispute Management (TADM), which operates under the purview of the Ministry of Manpower (MOM).

This article explores the role of the TADM, the eligibility of expatriates to use its services, and the processes involved in resolving salary-related claims.

Understanding TADM and Its Role

The Tripartite Alliance for Dispute Management (TADM) was jointly set up by the tripartite partners, the Ministry of Manpower (MOM), the National Trades Union Congress (NTUC) and the Singapore National Employers’ Federation (SNEF). The TADM provides employees and employers with services to resolve salary-related claims and employment disputes. Through mediation and advisory services, the TADM helps employees and employers manage employment disputes and fee payment-related disputes amicably.

TADM handles a range of employment-related issues, including:

      • Salary disputes
      • Wrongful dismissal
      • Breach of employment contract
      • Retrenchment benefits
      • Re-employment issues
      • Employment statutory benefits

The overarching goal of TADM is to provide an effective dispute resolution service for salary and dismissal matters, to resolve conflicts through dialogue and mediation. Moreover, TADM aims to preserve employment relationships while saving time and costs, which ultimately contributes to a more harmonious and fair workplace environment.

Who is eligible to use TADM’s services?

The TADM covers any employee (including work pass holders) with salary-related disputes, regardless of salary level, so long as they are employed under a contract of service in Singapore. However, this excludes seafarers, domestic workers and statutory board employees or civil servants. Both employees and employers are eligible, regardless of whether or not they are union members.

Yes, expatriates, commonly referred to as foreign employees in Singapore, can use the services of TADM to resolve salary-related and other employment disputes, provided they meet the eligibility criteria of having a work pass by the Ministry of Manpower. Work passes include Employment Pass, S Pass and Work Permit.

Steps for Expats to Use TADM

Here’s how expatriates can initiate the dispute resolution process:

1. Check Employment Status and Documentation

Before filing a claim, expatriate employees should ensure they have sufficient documentation to support their claim, including:

      • Employment contract
      • Salary slips
      • Termination or resignation letter (where relevant)
      • Other relevant documents (eg. time sheet)

2. File a Claim with TADM

Claims can be submitted online via the TADM eServices portal. The date of which the claim should ideally be filed depends on what kind of claim it is.

      • Wrongful dismissal claim: Filed within 1 month of their last day of employment.
      • Wrongful dismissal claim during pregnancy: Filed within 2 months of the birth of the child.
      • Salary-related employment claim (if still in employment): Within 1 year of the dispute
      • Salary-related claim (if have left employment): Within 6 months of the last date of employment

Within 3 working days of payment, the person who filed the claim will receive an email from TADM on the next steps of the procedure.

3. E-Negotiation

Once the claim is filed, both the employee and the employer can discuss and propose options for settlement during the e-Negotiation stage. This is done through guided discussions on the eServices’ dashboard, which helps facilitate the self-resolution of employment disputes. This is a process that takes about 5 working days. If the parties are still unable to resolve their claim, they will proceed to mediation and a mediator will be assigned.

4. Attend Mediation Sessions

Mediation may be conducted virtually via the TADM eServices or in person. Both parties will have equal opportunity to present their case with supporting documents and clarify the claim(s), where the mediator will assist both parties to arrive at a fair outcome based on legal and contractual obligations.

5. Escalation to Employment Claims Tribunals (ECT)

If both parties are still unable to reach an agreement after mediation, they may request for a Claim Referral Certificate (CRC) from the mediator, which allows them to file the unresolved claim(s) with the Employment Claims Tribunal (ECT) of the State Courts for a determination.

Special Considerations for Expatriates
1. Repatriation and Claim Enforcement

Claimants are advised to initiate the process before leaving Singapore, as the enforcement of any settlement or tribunal order may be limited once the employee is outside the jurisdiction.

2. Employment Pass Holders and Senior Executives

While Employment Pass holders in managerial or executive roles are covered under the Employment Act (excluding Part IV protections such as working hours and rest days), they are still entitled to basic salary protections and can use TADM to resolve payment disputes. However, claims for bonuses or commissions may be more complex if they are not clearly defined in the employment contract.

Conclusion

TADM provides a vital service for resolving salary disputes in Singapore’s workforce. As long as the expatriate holds a valid work pass and can substantiate their claim, they are also fully entitled to use TADM’s mediation services.

Expatriates are encouraged to act promptly, maintain proper documentation, and seek assistance early if payment issues arise. Singapore’s dispute resolution framework is robust, transparent, and designed to ensure fair treatment for all workers, regardless of nationality.

For complex disputes or those involving larger sums, expatriates may also consider consulting a lawyer for tailored legal advice.

Do reach out to us at Legal Expat if you require professional advice. We have a team of qualified lawyers that can assist you. Email us at: info@legalexpat.sg or drop us a WhatsApp at: +65 8093 4393 if you require assistance.