Strengthening Protection Against Discrimination in the Workplace
Singapore has introduced a new legislation to strengthen protection against discrimination across all stages of employment, empowering authorities with a broader set of actions to address errant employers.
The Workplace Fairness Bill
The Workplace Fairness Bill, the first part of the Workplace Fairness Legislation (WFL), was introduced in Parliament by Manpower Minister Tan See Leng on Tuesday. The second reading is expected in January 2025, while the second bill under WFL that will introduce the procedural rights and processes for individuals to make private claims under the legislation will be tabled later next year. Both bills are expected to take effect from 2026 or 2027.
Key Provisions
The Workplace Fairness Bill provides safeguards against common forms of workplace discrimination by prohibiting employers from making adverse employment decisions during hiring, in-employment, and dismissals based on the protected characteristics. The protected characteristics covered by the WFL are age, nationality, sex, marital status, pregnancy status, caregiving responsibilities, race, religion, language, disability, and mental health conditions.
Flexibility for Genuine Needs of Businesses
However, the WFL provides flexibility for genuine needs of businesses under four circumstances – for the reasonable performance of the job, health and safety, privacy, and legal and regulatory reasons. For example, a spa may hire female therapists to serve their female clientele.
Exemptions and Exclusions
Small firms with fewer than 25 employees will be exempt from the legislation, though this exemption will be reviewed in five years. Other exclusions include religious organisations that will be permitted to make employment decisions based on religion.
Grievance Handling Processes
The WFL also mandates that employers establish grievance handling processes to facilitate dispute resolution at the firm level. Throughout the process, employers are required to retain the employees’ confidentiality.
Support from NTUC and SNEF
The National Trades Union Congress (NTUC) and Singapore National Employers Federation (SNEF) in separate statements conveyed their full support for WFL. NTUC said 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. SNEF said to assist employers, especially the small and medium enterprises (SMEs) in meeting the standards of the WFL, it will collaborate closely with tripartite partners to provide comprehensive guidelines, resources, and advisory services.
Conclusion
The Workplace Fairness Bill is a significant step towards creating a fair and inclusive workplace environment in Singapore. By providing stronger protection against discrimination and empowering authorities to take action against errant employers, the legislation aims to promote a culture of respect and equality in the workplace.
Frequently Asked Questions
Q: What are the protected characteristics covered by the WFL?
A: The protected characteristics covered by the WFL are age, nationality, sex, marital status, pregnancy status, caregiving responsibilities, race, religion, language, disability, and mental health conditions.
Q: What are the circumstances under which businesses can claim flexibility in the WFL?
A: Businesses can claim flexibility under four circumstances – for the reasonable performance of the job, health and safety, privacy, and legal and regulatory reasons.
Q: Are there any exemptions or exclusions from the WFL?
A: Small firms with fewer than 25 employees will be exempt from the legislation, though this exemption will be reviewed in five years. Religious organisations will also be permitted to make employment decisions based on religion.
Q: What are the consequences for employers who violate the WFL?
A: Employers may be issued corrective directions to rectify the issues in their firms. In high severity cases, employers could face fines of up to S$50,000 for a first offence, and up to S$250,000 for repeat offences.