This news is hot out of the oven.
The Singapore government has just accepted the final set of recommendations by the Tripartite Committee on Workplace Fairness for the Workplace Fairness Legislation (WFL) today (4 August 2023).
This WFL is meant to provide more robust protection to women and other formerly discriminated employees from suffering further discrimination at the workplace.
The upcoming new law appears to be weighty, and here is what it is about.
New Workplace Fairness Legislation to Come Into Effect in the Second Half of 2024
Singapore is taking workplace fairness very seriously.
A new law dedicated to ensuring workplace fairness is slated to come into effect in the second half of next year (2024).
Under this new law, likely called the Workplace Fairness Legislation, a whole host of employees who may currently suffer from discrimination are expected to receive some respite at the workplace.
The WFL is inspired by the framework put forward by the Tripartite Committee today (4 August 2023).
The Tripartite Committee put forth 22 recommendations in its report, with two of the recommendations being new ones from its interim report in February 2023.
This final report was the culmination of “consultation and engagement with stakeholders – including employers, employees and the [human resources] community – who supported the direction and approach”.
This WFL will co-exist with the existing Tripartite Guidelines on Fair Employment Practices to provide a more robust framework in the local employment scene.
New Workplace Fairness Legislation Prohibits Discrimination Based on Many Factors
In the recommendations provided by the Tripartite Committee, many suggestions were put forth to strengthen protection against workplace discrimination.
One of the key points was how to define “discrimination”.
Crucially, the recommendations identified that discrimination could be against one’s:
- age
- nationality
- sex, marital status, pregnancy status, caregiving responsibilities
- race, religion, language
- disability and mental health conditions
These areas were identified as protected characteristics and should not be used to select one employee over another.
Employers will not be able to use words or phrases which relate to these five categories in their job opening listings.
In practical terms, this means that one cannot be rejected or fired from a job because they are “too old” or “too young”.
They also cannot be passed on from a job position because they are pregnant or plan to start a family in the future.
One who may have to undertake more caregiving responsibilities in a personal capacity may also not be discriminated against by the workplace.
The aim of the recommendations was to “uphold overarching principles of fair and merit-based employment and provide protection against all forms of workplace discrimination”.
If the committee’s recommendations are adopted wholesale into the WFL, then all stages of employment will fall need to abide by the enhanced regulations.
More specifically, the “pre-employment (recruitment), in-employment (e.g. promotion, performance appraisal, training selection) and end-employment (e.g. dismissal) stages” all fall within the scope of the upcoming WFL.
Clearer Processes on How to Handle Workplace Discrimination and Harassment
The WFL will also likely require employers to have appropriate “grievance handling processes” and ensure that the identity of persons who report workplace discrimination and harassment is protected.
If a workplace discrimination claim arises, the parties must first undergo “compulsory mediation for workplace discrimination claims at the Tripartite Alliance for Dispute Management (TADM) …[before turning to]… adjudication at the Employment Claims Tribunals (ECT) as a last resort”.
When parties undergo TADM mediation, the focus will be on “educating employers on correct practices and mending the employment relationship where practicable” rather than “monetary compensation”.
We’re not sure how receptive employees will be to that, especially if they view monetary compensation as the only solution to their suffering at work.
However, monetary compensation is not out of the picture.
The Tripartite Committee suggested that “monetary compensation of up to $5,000” may be provided for pre-employment claims.
For non-union members, that sum goes up to $20,000 for in-employment and end-employment claims. For union-assisted claims, the monetary compensation may be up to $30,000. These figures remain the same as with other employment claims today.
The ECT will also have greater powers, including the power to “strike out frivolous or vexatious claims, and/or award costs against such claimants”.
The State may also be involved where there is a “suspected serious breach of the workplace fairness legislation” as it conducts concurrent investigations to enforce action.
Otherwise, besides monetary compensation, penalties such as corrective orders, work pass curtailment and financial penalties may be dished out to those who violate the WFL.
The actual penalty awarded will depend on the severity of the breach of the WFL.
While all these requirements sound tough as nails, there is a back door if some businesses cannot comply with the whole host of requirements listed in the WFL.
Small firms with fewer than 25 employees may not need to follow the WFL. This exception will be reviewed every five years, so it is not a permanent waiver of the need to comply with the WFL.
Religious organisations may also use religion and religious requirements to select the best job candidates.
In some limited circumstances, employers may also be able to rely on a protected characteristic to make their employment decisions if “it is a genuine and reasonable job requirement”.
Of course, whether these recommendations have teeth or are all bark and no bite remains to be seen after the WFL is implemented.
What do you think about these recommendations by the Tripartite Committee?
