On Aug 4, the Singapore government released the final set of recommendations by the Tripartite Committee on Workplace Fairness for the Workplace Fairness Legislation (WFL).

Minister for Manpower Tan See Leng described the legislation as a "significant milestone in building fairer and more harmonious workplaces, and will send a strong signal that there is no place for workplace discrimination in Singapore".

No place for workplace discrimination

The final report brings together feedback gathered from consultation and engagement with key stakeholders to produce 22 recommendations in a bid to preserve harmonious workplaces, better protect workers, and support business growth.

The Tripartite Committee released its initial report in February 2023, and has since engaged with stakeholders, including employers, employees, and the human resources community; who broadly supported the findings of the report, but also provided the feedback.

The WFL comes as the latest step in the government's efforts to ensure workplace fairness, and will work in concert with other efforts, such as the Tripartite Guidelines on Fair Employment Practices (TGFEP) and the Fair Consideration Framework.

The TGFEP launched in 2007, and promoted the adoption of fair and merit-based employment practices, as well as requiring employers to treat employees fairly.

The FCF was launched in 2014, and set out requirements for employers in Singapore to consider the workforce in Singapore fairly for job opportunities, by first advertising on MyCareersFuture and fairly considering all candidates before submitting applications for Employment Passes and S Pass.

Legislation is the next step, and will work in with TGFEP to protect workers, preserve harmonious workplaces, and support business growth.

The WFL was first mooted in 2021's National Day Rally, when Prime Minister Lee Hsien Loong announced that legislation would be enacted to send a stronger signal that Singapore would not tolerate workplace discrimination.

Recommendations

The report returned 22 recommendations, in four broad themes.

Strengthen protection against workplace discrimination

The WFL would define discrimination as making an "adverse employment decision because of any protected characteristic, such as rage, sex, family status, race, nationality, and mental health, which accounted for nearly 95% of all complaints received by Tripartite Alliance for Fair and Progressive Employment Practices (TAFEP).

It would cover all stages of employment, including recruitment; by prohibiting words of phrases in job ads that indicated a preference for some characteristics, as well as legislating the the job advertising requirements under the FCF.

The WFL would also allow workers to come forward to report what place issues without fear of retaliation.

Supporting businesses

The report acknowledged that not all employer decisions were clear cut, and some of the recommendations related to circumstances were exceptions would be made.

Exemptions would be considered where an employer could show protected characteristic was necessary, such as language requirements; a tour guide catering to tourist who only spoke certain languages was one example given, or religious organisations that had religious requirements.

Exceptions would also be made to encourage organisations to hire persons with disabilities and seniors.

To assist with this, a Tripartite Advisory would be issued on providing reasonable accommodations to persons with disabilities.

Small firms that employed less than 25 people would also be exempt initially.

Grievance and dispute resolution

Employers would be required to put grievance handling processes in place that would protect whistleblower's identities, where possible.

TAFEP would remain the the first "port of call" for workers experiencing discrimination.

It would be compulsory to mediate claims at the Tripartite Alliance for Dispute Management initially, with adjudication ath Employment Claims tribunal "as a last resort", and with unions continuing to support their member's claims.

Ensuring fair outcomes and appropriate penalties

Mediation would focus on education employers on correct practices and mending relationships where possible.

Monetary compensation not the primary goal, but up to $5,000 would be available for pre-employment claims, and between $20,000 to $30,000 for in or end employment claims, depending on if the claim was union supported.

The ECT would be empowered to strike out frivolous or vexatious claims, as well as to award costs against such claimants.

But where a claim involved a suspected serious breach of WFL, the state would be allowed to concurrent conduct its own investigations; and would be able to enforce a range of penalties, such as corrective orders, work pass curtailment, and fines.

Not a panacea

Tan emphasised that laws and guidelines were vital in shaping mindset and providing protections, "they are not a panacea".

"We must all work together towards in the continuous effort towards the elimination of workplace discrimination"

Acknowledging that there were a variety of different views within society, Tan said he was "hearted" by the broad agreement that WFL was the right way forward.

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Top image via Tan See Leng/Facebook & Ministry of Manpower