The Industrial Relations (Amendment) Regulations 2025 [P.U.(A) 153/2025] has taken effect on 15th May 2025. In essence, the amendments aim to clarify and streamline the procedures for trade union recognition and the conduct of secret ballots. The key amendments are outlined below:

Voluntary Recognition of Trade Unions

Pursuant to the amendments, Regulation 4 of the Industrial Relations Regulations 2009 (“Regulations”) now provides that if an employer or trade union of employers is satisfied that the scope of membership of a trade union of workmen making the claim for recognition to represent workmen or class of workmen is in accordance with the constitution of the trade union of workmen, the employer or trade union of employers shall “voluntarily” accord recognition to such trade union of workmen in the prescribed form and accordingly notify the Director General of Industrial Relations (“DGIR”) by serving the prescribed form within 14 days from its issuance.

The wording of Section 9(3) of the Industrial Relations Act 1967 differs slightly, in which the employer, in choosing to accord recognition, is subject to the scope of membership of the trade union and in accordance with the constitution of the trade union as follows –

“An employer or a trade union of employers upon whom a claim for recognition has been served shall, within twenty-one days after the service of the claim:

(a) Granting recognition subject to the scope of the trade union's membership as of the claim date and in accordance with the constitution of the trade union, or

(b) If not granting recognition, providing written reasons to the trade union explaining the refusal.”

The Hansard on the Industrial Relations (Amendment) Bill 2019 explains that Section 9 is amended to establish voluntary recognition by the employer or trade union. The employer must ensure alignment with the scope of membership of the workmen' trade union seeking recognition. This is to prevent the employer or the employer’s trade union from granting voluntary recognition to a trade union of workmen whose membership scope does not cover the employees of the employer or the trade union of employers concerned.

Secret Ballot to ascertain Sole Bargaining Rights

The new Regulation 13D of the Regulations is amended, whereby it is provided that if a trade union competing for sole bargaining rights fails to attend the secret ballot meeting after 2 attempts or declares its intention to not participate in the determination of sole bargaining rights, the trade union shall be presumed uninterested and excluded from the decision on sole bargaining rights. In such a case, the DGIR shall decide on which trade union that is to be vested with sole bargaining rights.

In essence, the new Regulation 13GA provides that the trade union which obtains the highest number of votes in the secret ballot shall be vested with sole bargaining rights. In the event of a tie, the DGIR shall conduct a further secret ballot among the trade unions of workmen receiving equivalent highest number of votes, until one union obtains the highest number of votes.

For any further secret ballot in consequence of the tie, the DGIR shall decide the date, time, venue and any other matter which is necessary for conducting the secret ballot. The employer or trade union of employers shall affix copies of the notice for the secret ballot at a conspicuous place in the premises of the employers concerned for 7 consecutive days immediately preceding the day of the casting of the secret ballot. Only workmen listed in the existing Appendix 1 of Form FE or Appendix 1 of Form FF are entitled to vote.

Shorter Timeline for Deemed Withdrawal of a Representation for Unfair Dismissal

When a workman files a representation for wrongful dismissal, the process begins with a conciliation session facilitated by the Industrial Relations Department (IRD), attended by both the workman and the former employer. If the conciliation fails to resolve the dispute, the matter is automatically referred to the Industrial Court for adjudication through a formal court trial.

Should the workman fail to attend any of the conciliation meetings at the IRD after 2 attempts, the DGIR will issue a notice, using the prescribed form, to the workman's last known address, instructing the workman to attend a final conference or conciliation meeting.

Following the amendments, if the workman fails to attend the final conciliation meeting on the scheduled date and does not provide a valid reason for the absence within 30 days (reduced from the previous 60-day period), the Director General of Industrial Relations (DGIR) may treat the representation as withdrawn.

This article is authored by our Partner, Mr Leonard Yeoh and Senior Associate, Ms Pua Jun Wen. The information in this article is intended only to provide general information and does not constitute any legal opinion or professional advice.

Written by:

LEONARD YEOH

Partner

[email protected]

PUA JUN WEN

Senior Associate

[email protected]

LegalTaps September 2025