SINGAPORE is introducing legislation to consolidate the fight against workplace discrimination, three years after then-Prime Minister Lee Hsien Loong announced the intention at the 2021 National Day rally.

Introduced to Parliament on Tuesday (November 12), the Workplace Fairness Bill strengthens anti-discrimination protections, sets out dispute resolution processes and extends the actions that can be taken against failing employers.

This is the first of two bills that make up the new Workplace Fairness (WFL) legislation, both of which are expected to come into force from 2026 or 2027.

The second bill will cover rights and processes for bringing private claims related to fairness in the workplace, including expanding the scope of the existing Employment Claims Tribunal, which hears disputes linked to salaries and unjustified dismissals. It will be filed later.

The changes are based on the recommendations of a tripartite committee which were published and accepted by the government in August 2023.

The new laws aim to “preserve and consolidate” existing standards of fairness in the workplace, the Ministry of Manpower (MOM) said. They build on existing efforts such as the Tripartite Fair Employment Practices Guidelines and the Fair Consideration Framework.

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Put on protections

If passed, the law would prohibit adverse employment decisions based on five sets of protected characteristics: age; Nationality; gender, marital status, pregnancy status and care responsibilities; race, religion and language; and disability and mental health issues.

These protections cover all stages of employment, including hiring, tenure of employment, and termination.

For other forms of discrimination not covered by the new law, employees will be able to continue to rely on the tripartite directives, which will be retained.

To provide flexibility for business needs, the WFL will also allow businesses to make employment decisions based on a protected characteristic if it is a genuine job requirement.

It sets out four circumstances in which this can be done. First, it may be due to the reasonable performance of the work, such as the language proficiency of the interpreters.

Secondly, it may be for health and safety reasons, for example considering mental health for jobs involving handling weapons.

Third, it may be due to privacy reasons, such as gender-specific hiring at spas. Fourth, this may be due to legal and regulatory reasons, such as the minimum age limit for trainee bus drivers.

If challenged over these decisions, employers will need to explain how the protected characteristic relates to the job.

Other considerations and objectives were also taken into account, MOM said.

This includes equitable access to opportunities for locals. The WFL will legislate existing requirements for job advertisements under the Fair Consideration Framework.

Under these, employers applying for employment passes or S passes for overseas hires must first advertise on the official job portal MyCareersFuture and give fair consideration all local candidates.

The WFL will also allow employers to prefer to hire local employees for various business and operational considerations, as well as people with disabilities and the elderly.

Religious organizations will be allowed to make employment decisions based on religion.

For starters, businesses with fewer than 25 employees will be exempt from the WFL, as they may not have the skills to comply. However, this situation will be reviewed five years after the legislation comes into force, and these companies must still adhere to the tripartite guidelines.

Set up processes

The WFL also requires companies to have complaints handling processes in place, so that disputes can be resolved internally.

MOM said it would not be “too prescriptive” about the format of these processes, as businesses have different needs and capabilities.

Building on tripartite standards, the WFL will require employers to investigate the grievance, review it and notify the employee of the outcome, while maintaining the employee’s confidentiality. All employees must be informed of this process.

Under the WFL, employees who come forward will be protected from employer retaliation. For example, employers will not be allowed to fire them or seek damages from them because of their reports of discriminatory practices.

MOM said that wherever possible, workplace issues should be resolved at the company level, but employees can turn to their unions or the tripartite alliance for further assistance.

Putting penalties

MOM said instead of focusing on punishment, an education-oriented approach should be adopted to maintain harmony in the workplace and change mindsets.

However, the new legislation provides for sanctions for employers who do not comply with the rules, in order to “strike a balance between education, rehabilitation and effective deterrence”.

Depending on the severity of the violation, MOM may issue formal instructions to remedy the violations; impose administrative fines of a fixed amount; or recommend that higher fines be imposed by the courts.

MOM’s tripartite partners, the National Trade Union Congress (NTUC) and the Singapore National Employers Federation (SNEF), have expressed support for the upcoming legislation.

The legislation aligns with NTUC’s advocacy, said its deputy secretary-general Patrick Tay. NTUC also provides union members with advice, mediation assistance and support in pursuing grievances, while those in unionized companies can approach the MOM for conciliation.

At the Employment Claims Tribunal, union members can file a claim for up to S$30,000, compared to S$20,000 for non-members, he added.

SNEF said the WFL “achieves a crucial balance” between operational flexibility and fair enforcement, adding: “This approach not only provides individuals with necessary recourse, but also promotes a work culture that minimizes litigation.” »

With several years to go before implementation and the initial exemption for small businesses, employers have the opportunity to review and strengthen their employment practices, it says.

Employers should view WFL as “more than just a compliance requirement” and instead cultivate cohesive and inclusive workplaces as strategic advantages, SNEF added.