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Oral Answer by Senior Minister of State, Dr Koh Poh Koon, to PQs on Workplace Fairness

Employment practices

NOTICE PAPER NO. 677 OF 2021 FOR THE SITTING ON OR AFTER 14 SEPTEMBER 2021

QUESTION NO. 1699 FOR ORAL ANSWER

 

MP: Ms Cheng Li Hui

 

To ask the Minister for Manpower (a) whether the Ministry can provide a timeline on how long it will take for the TAFEP guidelines to be enshrined into our laws; (b) what is the projected timeline to resolve employment disputes, from conciliation and mediation to the Employment Claims Tribunal; (c) whether any party is expected to shoulder any costs if the matter is taken to the Employment Claims Tribunal; and (d) whether the anti-discrimination laws will apply during the interview and recruitment stage.

 

NOTICE PAPER NO. 681 OF 2021 FOR THE SITTING ON OR AFTER 14 SEPTEMBER 2021

QUESTION NO. 1719 FOR ORAL ANSWER

 

MP: Mr Desmond Choo

 

To ask the Minister for Manpower in view of the upcoming review of strengthening legislation for a fairer workplace (a) how does the Ministry intend to prevent the inadvertent development of a litigious workplace; and (b) whether the Ministry will be conducting a public consultation.

 

NOTICE PAPER NO. 688 OF 2021 FOR THE SITTING ON OR AFTER 14 SEPTEMBER 2021

QUESTION NO. 1751 FOR ORAL ANSWER

 

MP: Mr Sharael Taha

 

To ask the Minister for Manpower with regard to the upcoming legislation of TAFEP guidelines, how can the Ministry (i) balance the concerns of both employees and employers (ii) ensure that the workers reporting workplace discrimination can be protected without changing the tone of relationship between employers and employees, which may lead to a litigious workplace culture and (iii) engage business leaders and the HR community to ensure that the new measures do not become overly onerous and deter employers from setting up operations in Singapore.

 

NOTICE PAPER NO. 682 OF 2021 FOR THE SITTING ON OR AFTER 14 SEPTEMBER 2021

QUESTION NO. 1759 FOR ORAL ANSWER

 

MP: Mr Liang Eng Hwa

 

To ask the Minister for Manpower (a) what are the current approaches by which the cases of workplace discrimination have been handled; (b) what are the various recourses available to workers; and (c) how the upcoming legislation against workplace discrimination can help achieve better outcomes.

 

NOTICE PAPER NO. 682 OF 2021 FOR THE SITTING ON OR AFTER 14 SEPTEMBER 2021

QUESTION NO. 1760 FOR ORAL ANSWER

 

MP: Ms Yeo Wan Ling

 

To ask the Minister for Manpower (a) in the past three years, how many workplace discrimination cases filed with the Ministry are gender discrimination in nature; (b) what are the top three types of gender-related discrimination filed; (c) how many are resolved via current platforms like the Tripartite Alliance for Dispute Management and Tripartite Alliance for Fair and Progressive Employment Practices; and (d) with the proposed tribunal system, how will the Ministry enhance the recourse and remedial actions especially for gender-related workplace discrimination.

 

NOTICE PAPER NO. 682 OF 2021 FOR THE SITTING ON OR AFTER 14 SEPTEMBER 2021

QUESTION NO. 1761 FOR ORAL ANSWER

 

MP: Mr Patrick Tay

 

To ask the Minister for Manpower with regard to the proposed legislation on workplace discrimination (a) what is the scope, progress and expected roll-out date; (b) what will be the role of unions, union leaders and tripartite partners in the implementation and execution of this law; and (c) whether there will be ground and stakeholder consultations in the promulgation process.

 

Answer

 

  1. Mr Speaker Sir, with your permission, I will take these questions together. Members have filed numerous questions on the topic of workplace fairness, and I thank them for their interest.

  2. The tripartite partners’ approach to enhancing workplace fairness has been a successful journey. Compared to 2006, when the Tripartite Alliance for Fair and Progressive Employment Practices (TAFEP) was formed, the HR practices of firms have improved significantly. This was the right approach. Rather than rush to legislate, the tripartite partners recognised that education to cultivate the right workplace norms and values was the foremost and more fundamental task. We did not want the process to become legalistic or confrontational. It is better if disputes can be resolved amicably.

  3. Year by year we have progressively stepped up our efforts, including coupling education with enforcement against discriminatory employers, thus advancing the cause of fair and merit-based HR practices. Today, we have a set of Tripartite Guidelines on Fair Employment Practices, which is familiar to and well accepted by employers and workers alike. The vast majority of employers comply with the Guidelines. If there is a complaint, TAFEP uses the Guidelines to evaluate and advise the parties. About two thirds of reported cases are not substantiated. The majority are misunderstandings which are clarified and where both parties do not pursue the matter further. Where TAFEP finds gaps in the employer’s HR practices, TAFEP would counsel the employer. Most employers accept and make amends. Very rarely does the employer dispute the assessment, and refuse to correct their actions. In cases where discrimination is substantiated, TAFEP would refer the employer to MOM, which can restrict it from hiring foreign workers. Therefore, the process of mediation is in itself an opportunity for employers and employees to close the gaps in their understanding of the requirements. We will continue to maintain the strong emphasis on mediation even as we strengthen the legislation.

  4. Ms Yeo Wan Ling asked specifically about gender discrimination. Over the last three years, about one in seven reported cases each year fell into this category. Most related to employers specifying their preference for a particular gender in their recruitment advertisements. In about 30% of these cases, discrimination was substantiated after further investigation and the errant employers had their work pass privileges curtailed.

  5. The Tripartite Committee on Workplace Fairness, co-chaired by Minister for Manpower Dr Tan See Leng, NTUC Secretary-General Mr Ng Chee Meng and SNEF President Dr Robert Yap, convened last month and took stock of the progress made. We recognised the calls made by Members in this House previously, including Mr Patrick Tay, Mr Saktiandi Supaat and Mr Louis Ng, for the Tripartite Guidelines to be legislated. We concluded that legislation could be a helpful next step to take, and updated the Prime Minister on our assessment.

  6. Mr Liang Eng Hwa asked how legislation will achieve better outcomes. Legislation builds on the progress made with our current approach. With legislation, we can broaden the range of remedies available. This can benefit both workers and employers. For workers, the remedies could give them direct redress, rather than indirectly through enforcement action against the employer. For example, such direct redress is available for wrongful dismissals today. Employees can claim for compensation, or for reinstatement to their former employment. For employers, curtailment of their work pass privileges, which has a significant impact on business operations, can in some cases be disproportionate to the breach. Even if there is some mitigating factor, there are no alternative penalties that could provide for a more calibrated approach. Legislation will also send a strong signal that society does not condone discrimination at the workplace, and further entrench the fair employment standards that we have built up over the years.

  7. The Tripartite Committee on Workplace Fairness has not completed its work. It will continue the next stage of its deliberations, to define the scope of future legislation and design a legal framework that is balanced and in the best interest of Singapore and Singaporeans.

  8. This includes looking into how we can avoid the unintended consequence of fostering a litigious workplace culture – something Mr Desmond Choo and Mr Sharael Taha are also concerned about. We should have a claims process where mediation is the first and necessary step, and appearance before the tribunal is a last resort. This has worked well for the handling of salary-related and wrongful dismissal cases. To Mr Patrick Tay’s question, in the case of unionised employees, the union is involved in the mediation process today. This is something the Tripartite Committee should also consider and study for the new claims process.

  9. Anxieties about workplace discrimination can also be driven by perceptions. Not every complaint means that the employer has done something wrong. The process must be fair to both the worker and the employer. By adopting an even-handed approach, we can avoid a situation where employers are deterred by excessive legal compliance to further expand their business.

  10. Several Members asked about how the Tripartite Committee will gather and balance the views of different stakeholders. The Tripartite Committee comprises a diverse group of business, union, Government and HR representatives. It intends to conduct wider consultations and engagements with these groups and the general public too, to ensure its deliberations and eventual recommendations are balanced.

  11. The Tripartite Committee aims to complete its work in the first half of 2022. The Government will then consider its recommendations, and if accepted, start work to prepare legislation. In the meantime, I would like to reiterate that TAFEP and MOM will ensure the Tripartite Guidelines continue to be practised and upheld. As fair and merit-based HR practices have already been promoted for so many years, even SMEs would be familiar with the requirements. TAFEP will continue to step up education and outreach, even as the Tripartite Committee continues its work.