"Each case of workplace discrimination is one too many": 20 recommendations for workplace fairness in Singapore

Rooting out discrimination is a whole-of-society effort, affirms Manpower Minister, Dr Tan See Leng, on the launch of Tripartite Committee on Workplace Fairness' interim report.

Over the past two decades, while the incidence of discrimination in Singapore has improved, according to the nation’s tripartite partners, each case of workplace discrimination is one too many.

As such, to strengthen the Tripartite Guidelines on Fair Employment Practices (TGFEP), the Tripartite Committee on Workplace Fairness, convened in July 2021, has come forward with an interim report on 20 recommendations for Workplace Fairness Legislation (WFL).

The 20 recommendations of the Committee have been divided into four major areas of concerns, which are all listed below:

Strengthen protections against workplace discrimination

1. Prohibit workplace discrimination in respect of the following characteristics:
(i) age,
(ii) nationality,
(iii) sex, marital status, pregnancy status, caregiving responsibilities,
(iv) race, religion, language,
(v) disability and mental health conditions.

2. Retain and enhance the TGFEP to work in concert with legislation. The TGFEP will uphold overarching principles of fair and merit-based employment and provide protection against all forms of workplace discrimination.

3. Cover all stages of employment i.e. the pre-employment (e.g. recruitment), in-employment (e.g. promotion, performance appraisal, training selection) and end-employment (e.g. dismissal) (“employment decisions”).

4. Prohibit the use of words or phrases in job advertisements that indicate a preference based on any protected characteristic.

5. Legislate the job advertisement requirement for submission of Employment Pass and S Pass applications under the existing Fair Consideration Framework.

6. Prohibit retaliation against those who report cases of workplace discrimination or harassment.

7. Update the TGFEP to provide protection against discrimination for workers engaged in work through service buyers (e.g. property management companies) and intermediaries (e.g. platform companies providing matching services).

Provisions to support business/organisational needs and national objectives

8. Allow employers to consider a protected characteristic in employment decisions if it is a genuine and reasonable job requirement.

9. Exempt small firms with fewer than 25 employees from the legislation for a start, with a view to tighten this exemption in five years.

10. Allow religious organisations to make employment decisions based on religion and religious requirements (i.e. conformity with religious beliefs and practices).

11. Allow employers to favour persons with disabilities and seniors (55 years and above) over other groups in hiring decisions, even if another candidate may be equally or more qualified.

Processes for resolving grievances and disputes while preserving workplace harmony

12. Require employers to put in place grievance handling processes. Employers should also protect the confidentiality of the identity of persons who report workplace discrimination and harassment, where possible.

13. Require compulsory mediation for workplace discrimination claims at the Tripartite Alliance for Dispute Management (TADM) first, with adjudication at the Employment Claims Tribunals (ECT) as a last resort.

14. Ensure that the Tripartite Alliance for Fair and Progressive Employment Practices (TAFEP) continue to provide advice and assistance to workers who experience discrimination and advise employers on improving employment practices.

15. Ensure that unions continue to play a constructive role in dispute resolution for workplace fairness. Allow unions to support their members in the claims process similar to other employment claims today.

Redress for victims of workplace discrimination and more appropriate penalties for breaches

16. Encourage parties to explore non-monetary remedies, such as reinstatement of an employment offer or providing an apology letter, where practicable.

17. Allow monetary compensation of up to $5,000 for pre-employment claims; and, up to $20,000 for non-union members and $30,000 for union-assisted claims, for in-employment and end-employment claims as with other employment claims today.

18. Empower the ECT to strike out frivolous or vexatious claims, or award costs against such claimants.

19. Allow the State to concurrently conduct investigations on claims that involve suspected serious breaches of the workplace fairness legislation, with a view to taking enforcement action.

20. Provide a range of penalties including corrective work orders, financial penalties, and work pass curtailment that can be imposed against firms and/or culpable persons, depending on the severity of breach.

“There is no place for workplace discrimination in Singapore”

In coming up with these recommendations, the idea for the Committee is to retain the TGFEP to uphold overarching principles of fair and merit-based employment and stand against all forms of discrimination for all employers. This is being done while introducing legislation to prohibit the common and familiar forms of discrimination in Singapore, and strengthen protection and redress for workers who experience discrimination.

WFL will provide for mediation as the main avenue to address discrimination complaints, with recourse to the Employment Claims Tribunals if mediation fails. A broader range of sanctions and penalties in legislation will also empower Ministry of Manpower (MOM) to take appropriate enforcement action for breaches of the law.

MOM’s statement said: "Our framework for workplace fairness, comprising both WFL and TGFEP, will send a strong signal that there is no place for workplace discrimination in Singapore.”

On the strengthen of Singapore's stand against discrimination, Minister for Manpower, Dr Tan See Leng said, "Rooting out discrimination is a whole-of-society effort. It requires knowledge, understanding, and ownership by employers, and the support of employees."

Chiming in with the trade union association's aspiration to continue working with tripartite partners to build more inclusive workplaces, NTUC Secretary-General Ng Chee Meng said: "Legislation can act as a deterrent to unfair practices by incalcitrant employers. However, it is more important that we ensure level-playing field and provide fair opportunities for our workers, especially our PMEs."

President, Singapore National Employers Federation, Dr Robert Yap added: "Responsible employment practices will help build harmonious workplaces, foster good relations between employers and employees, as well as unity amongst employees, which in turn support strong business outcomes, and enable businesses to be sustainable."

Image / Dr Tan See Leng

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