Proposed law on workplace fairness tabled in parliament to protect workers from discrimination
Between 2018 and 2022, an average of 315 discrimination complaints were received by TAFEP and MOM.
More than half of the complaints – 176 of them – were to do with nationality, and 77 involved age. Just nine were categorised under “others”.
Complaints that fall outside of the protected characteristics will remain covered under the Tripartite Guidelines on Fair Employment Practices.
If the law is passed, employers will also be required to put in place grievance handling processes to facilitate dispute resolution within the company.
Employees who report discrimination or harassment will be protected from retaliation by employers, disclosure of identity and civil or criminal liability, such as where employers try to claim damages for breach of confidence or defamation.
While the focus is on educating employers and maintaining a harmonious workplace, the legislation will allow a range of actions to be taken against errant individuals or companies. These include corrective orders to address stereotypes and shape mindsets, administrative financial penalties and state-led legal action for the most severe breaches.
The Tripartite Committee’s report on workplace fairness outlined several examples of breaches. A firm posting a job advertisement indicating a preference for females because of a belief that females perform better in sales roles may be issued a correction order for its first breach.
On the other end of the spectrum, a company that favours workers of one nationality for promotions despite others performing well could be ordered by the courts to pay a financial penalty. MOM will also take action if the company retaliates against employees who complain about discriminatory practices.
The Singapore National Employers Federation (SNEF) said the range of penalties will be better than what is available today – where companies mostly face restriction of work pass privileges, which is a “blunt tool”.
FLEXIBILITY UNDER THE WORKPLACE FAIRNESS LAW
Companies that have genuine business needs will be allowed to consider protected characteristics when making employment decisions.
Four circumstances are outlined under the legislation – for reasonable performance of the job, for health and safety reasons, for privacy reasons and for legal and regulatory reasons.
For example, an employer can consider an applicant’s fluency in a language if the job opening is for an interpreter.
A spa may also seek female employees to serve female customers.
Separately, employers who prefer to hire local workers can also continue doing so.
If the law is passed, employers will be legally required to advertise on MyCareersFuture – a job search portal targeted at Singapore citizens and permanent residents – and fairly consider all local candidates before submitting applications for work passes for foreigners.
The law will also support employers who choose to hire people with disabilities or senior workers.
Smaller firms with fewer than 25 employees will be exempted from the legislation, while religious organisations can make employment decisions based on religion.
