NTUC supports the move as it has over the years championed fairer workplaces and opportunities for all workers.
Workers in Singapore can look forward to more protections against workplace discrimination if the Workplace Fairness Bill is passed.
Manpower Minister Tan See Leng tabled the Bill on 12 November 2024 in Parliament for the first reading.
NTUC said the new law will strengthen protections for workers, especially PMEs and older workers, against workplace discrimination. This is aligned with its advocacy.
“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.
“NTUC has been championing for stronger protection to ensure fairer workplaces and opportunities for all workers. For more than a decade, we have been advocating for measures to ensure fairness for all workers, especially our PMEs and older workers, at the workplace,” NTUC said.
NTUC added that union members facing discrimination can turn still to the congress or its affiliated unions for guidance, assistance for mediation involving employers, and support in pursuing claims.
Union members in unionised companies can approach their unions to bring their matter to the Ministry of Manpower (MOM) for conciliation. Union members can also file a claim for up to $30,000 at the Employment Claims Tribunal (ECT), compared to $20,000 for non-union members.
NTUC said it will continue to champion fair treatment for all workers, adding that it is “committed to listening to their concerns and advocating for them as their work challenges evolve. Together with our unions, we stand ready to assist any worker facing discrimination at work.”
The Workplace Fairness Bill is the first of two bills in the Workplace Fairness Legislation (WFL) to enhance workplace fairness further.
The key features of the Bill are aligned with the final recommendations by the Tripartite Committee on Workplace Fairness in 2023.
The WFL seeks to protect workers and jobseekers against unfair or discriminatory practices under the following protected characteristics, namely nationality; age; sex, marital status, pregnancy status, caregiving responsibilities; race, language and religion; disability and mental health conditions.
MOM said that “the WFL will strengthen protections and expand the range of actions it can take against the small group of errant employers.”
The Ministry emphasised that the WFL does not aim to change but rather preserve and entrench its existing fair and harmonious workplace norms.
The Workplace Fairness Bill comprises three key areas of improvement:
The Bill also states when an employer can make employment decisions based on protected characteristics if there is a genuine business need.
If a complaint against an employer arises, the employer must explain how the protected characteristic is linked to the job.
For example, when there is a need for a female therapist to carry out personal massages,
Another example is the discretion of religious groups. They will be allowed to make employment decisions based on religious considerations.
The first bill will exclude smaller firms that employ less than 25 employees.
MOM said smaller firms are excluded as they do not have the corporate capabilities to comply with the requirements of WFL.
Smaller firms must still comply with the Tripartite Guidelines on Fair Employment Practices.
The decision to exclude them from the bill will be reviewed five years after WFL is enforced.
The WFL will require employers to put in place grievance handling processes to facilitate dispute resolution at the firm level.
Employers must inquire into the grievance, review it, and inform the employee of the result.
All employees must also be informed of this process.
Throughout the process, employers must preserve the employee’s confidentiality.
To assure employees that reporting workplace discrimination or harassment is safe, the WFL protects those who step forward to report from retaliation by employers.
If the law is enacted, it will apply to firms or persons responsible for discriminatory employment decisions.
The WFL will provide a range of calibrated levers for MOM, depending on the severity of the breach, to strike a balance between education, rehabilitation, and effective deterrence.
For cases with low severity, MOM can give directions to employers to rectify breaches and prevent future recurrence, in line with its educational approach to correct stereotypes and shape mindsets to sustain fair employment practices.
An example is when a firm posts a job advertisement for a sales role, indicating a preference for females as they feel that females can perform better in a sales role.
MOM can impose fixed fines for cases with moderate severity.
Cases with moderate severity will include firms that show a lack of attention to rectify earlier breaches.
For cases with high severity, MOM can recommend higher fines, which the courts can impose.
An example is when a firm intentionally promoted several employees of a certain nationality only despite having candidates of other nationalities who performed better.
Another example is when the firm dismissed an employee because he filed a discrimination complaint against the firm.
The second bill, which will be tabled at a later date, will introduce the procedural rights and processes for individuals to make private claims under the WFL.
The second bill will include expanding the ambit of the existing ECT.
Once the WFL passes in Parliament, MOM intends for both Bills to be enforced simultaneously in either 2026 or 2027 to give employers time to prepare.
The Singapore National Employers Federation (SNEF) said that it supports the WFL.
“The WFL reinforces our commitment to fostering fair and inclusive workplaces,” SNEF said.
SNEF said it has successfully ensured that the WFL strikes a crucial balance through the Tripartite Committee on Workplace Fairness.
“It [WFL] maintains operational flexibility for employers while establishing a fair enforcement framework for breaches. This approach not only provides individuals with the necessary redress but also fosters a workplace culture that minimises litigation,” SNEF added.
SNEF said it will assist employers, especially SMEs, in meeting the standards of the WFL.
SNEF also encouraged all employers to view the WFL as more than just a compliance requirement.
“Embracing the principles of fairness is essential for cultivating cohesive and inclusive workplaces. An inclusive environment serves as a strategic advantage for employers,” said SNEF.
Union members in unionised companies can approach their union representatives for help against workplace discrimination.
Union members in non-unionised companies can approach TADM@NTUC.
