New legislation to protect workers against discrimination in hiring, firing, and appraisals.
Singapore introduced a proposed Workplace Fairness Bill in Parliament on Nov 12, aiming to safeguard workers from discrimination in hiring, dismissals, and appraisals. The legislation outlines measures for dispute resolution and corrective action against employers found guilty of discriminatory practices based on traits such as nationality, age, gender, race, disability, and caregiving responsibilities.
Key Features of the Bill
The Bill has been split into two phases, with the first part focusing on protecting workers and outlining procedures for resolving disputes. The second phase, which will be introduced in 2025, will focus on claims procedures and amend the Employment Claims Act. The legislation is expected to be enforced in 2026 or 2027.
Once passed, the Bill will enforce corrective actions against employers who base employment decisions on unlawful characteristics, including nationality, age, gender, marital and pregnancy status, race, and religion. Discriminatory practices currently account for 95% of workplace complaints to the Ministry of Manpower (MOM) and the Tripartite Alliance for Fair and Progressive Employment Practices.
Enforcement and Penalties
Under the Bill, employers who breach these principles may face fines and civil lawsuits, with courts empowered to impose higher financial penalties. Unlike the current system, which focuses on work-pass restrictions, this Bill introduces more stringent punitive measures. For the first time, employers will also face sanctions for serious breaches.
Exemptions and Business Flexibility
The Bill allows certain exemptions to promote business flexibility. Employers can specify traits for job roles that are crucial to their operations, such as hiring female masseuses for female clientele. Religious groups will also be exempt from certain provisions. Additionally, actions that favor local workers, disabled workers, or those aged 55 and above will not be considered discriminatory.
Support for Smaller Businesses
Small businesses with fewer than 25 workers will be exempt from the legislation for five years after its implementation. The Singapore National Employers Federation (SNEF) has welcomed this adjustment, stating that it provides smaller companies with more time to adapt.
Grievance Handling and Worker Protections
Under the Bill, employers will be required to set up grievance-handling processes and inform employees about them. Workers who experience discrimination can file claims for up to $20,000, or $30,000 if they are union members. However, frivolous claims could lead to costs of up to $5,000. The legislation will also prohibit retaliation against employees who report discrimination, ensuring that employees can raise concerns without fear of dismissal or harassment.
Impact on Workplace Practices
The proposed Bill is designed to complement, not replace, existing Fair Employment Practices guidelines introduced in 2007. While most employers comply with these guidelines, the Ministry of Manpower stresses that education, rather than solely legislation, is key to sustaining fair employment practices. Statistics show a decrease in discriminatory cases, with complaints falling from 24% in 2018 to 6% in 2023.
In conclusion, the new legislation aims to strengthen protections for workers and ensure fairer employment practices in Singapore’s workplaces. The bill, if passed, will bring Singapore in line with countries like the UK, the US, and the EU, which already have laws protecting workers from discrimination.
