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In the event a foreign worker has filed a wrongful dismissal claim with TADM, MOM will issue special passes for them to stay in Singapore until their claims are resolved through mediation or after adjudication.
Singapore's Ministry of Manpower has clarified that foreign workers are allowed to remain in Singapore if there are wrongful dismissal claims that have yet to be resolved — even if their work passes have been cancelled by their employers.
In the event a foreign worker has filed a wrongful dismissal claim with the Tripartite Alliance for Dispute Management (TADM), the Ministry of Manpower will issue special passes for them to stay in Singapore until their claims are resolved through mediation or after adjudication by the Employment Claims Tribunals.
Similarly, MOM also addressed queries on cases of feedback and complaints regarding indirect discrimination and denial of reasonable accommodations at the workplace.
Between 2019 and 2023, the Tripartite Alliance for Fair and Progressive Employment Practices (TAFEP) received eight complaints of indirect discrimination — roughly 0.5% of the total number of workplace discrimination complaints that TAFEP received. TAFEP has not received complaints on the denial of reasonable accommodations.
Sharing further context, the Tripartite Committee on Workplace Fairness has received suggestions to cover indirect discrimination and reasonable accommodations under the Workplace Fairness Legislation but recommended against doing so. As the Ministry explained, prohibiting indirect discrimination in the legislation imposes very wide legal obligations on employers, resulting in uncertainty for both employers and employees. As a result, the employee-employer relationship may end up becoming more legalistic.
The Ministry further shared that the difficulty in clearly defining what constitutes reasonable accommodation is "real" and can result in heavy litigation. With this, prematurely prohibiting the denial of reasonable accommodations may result in an overly rigid approach that inadvertently deters employers from hiring employees who may need such accommodations.
However, it affirmed that this "does not mean that protection is lacking for those who may face indirect discrimination or the denial of reasonable accommodations."
"The Workplace Fairness Legislation will work in concert with the Tripartite Guidelines on Fair Employment Practices, which will continue to provide protection against indirect discrimination."
The tripartite partners will also be releasing an advisory on the provision of reasonable accommodations for persons with disabilities.
Lead image / 123rf.com
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