SINGAPORE INTRODUCES LEGISLATION TO BOOST PROTECTION AGAINST WORKPLACE DISCRIMINATION

By Nur Ashikin Abdul Aziz

SINGAPORE, Nov 12 (Bernama) -- Singapore has introduced a new legislation to strengthen protection against discrimination across all stages of employment, empowering authorities with a broader set of actions to address errant employers.

The Workplace Fairness Bill, the first part of the Workplace Fairness Legislation (WFL), was introduced in Parliament by Manpower Minister Tan See Leng on Tuesday. 

The second reading is expected in January 2025, while the second bill under WFL that will introduce the procedural rights and processes for individuals to make private claims under the legislation will be tabled later next year. Both bills are expected to take effect from 2026 or 2027.

A Ministry of Manpower (MOM) spokesperson said once passed, employers may be issued corrective directions to rectify the issues in their firms. In high severity cases, employers could face fines of up to S$50,000 for a first offence, and up to S$250,000 for repeat offences.

The Workplace Fairness Bill provides safeguards against common forms of workplace discrimination by prohibiting employers from making adverse employment decisions during hiring, in-employment, and dismissals based on the protected characteristics.

The protected characteristics covered by the WFL are age, nationality, sex, marital status, pregnancy status, caregiving responsibilities, race, religion, language, disability and mental health conditions.

They account for more than 95 per cent of the discrimination complaints received by MOM and the Tripartite Alliance for Fair & Progressive Employment Practices (TAFEP).

The Tripartite Guidelines on Fair Employment Practices (TGFEP) introduced in 2007 will remain in place to address other forms of discrimination not covered by the WFL.

However, the WFL provides flexibility for genuine needs of businesses under four circumstances – for the reasonable performance of the job, health and safety, privacy, and legal and regulatory reasons.

“For example, a spa may hire female therapists to serve their female clientele,” the spokesperson told a media briefing.

Small firms with fewer than 25 employees will be exempt from the legislation, though this exemption will be reviewed in five years.

Other exclusions include religious organisations that will be permitted to make employment decisions based on religion.

Meanwhile, the WFL also mandates that employers establish grievance handling processes to facilitate dispute resolution at the firm level. Throughout the process, employers are required to retain the employees confidentiality.

The National Trades Union Congress (NTUC) and Singapore National Employers Federation (SNEF) in separate statements conveyed their full support for WFL.

NTUC said if passed, the Bill will enhance the deterrence of and enforcement against discriminatory practices by employers and provide remedies for victims of discrimination such as compensation.

SNEF said to assist employers, especially the small and medium enterprises (SMEs) in meeting the standards of the WFL, it will collaborate closely with tripartite partners to provide comprehensive guidelines, resources, and advisory services. 

-- BERNAMA