Government Accepts Tripartite Committee's Final Recommendations for WFL

GOVERNMENT ACCEPTS TRIPARTITE COMMITTEE’S FINAL RECOMMENDATIONS FOR WORKPLACE FAIRNESS LEGISLATION

The Government has accepted the final set of recommendations by the Tripartite Committee on Workplace Fairness (refer to Annex A) for the Workplace Fairness Legislation (WFL). More information on the Tripartite Committee’s 22 recommendations can be found at go.gov.sg/wflreport. 

2 The Tripartite Committee had earlier released its interim report in February 2023, which broadly outlined its key recommendations for the WFL. The final report had benefited from consultation and engagement with stakeholders – including employers, employees and the HR community – who supported the direction and approach. WFL is a significant step in building fairer and more harmonious workplaces, and will send a strong signal that there is no place for workplace discrimination in Singapore. 

3 The WFL will benefit employees, employers and our society:

a. WFL will strengthen protections against discrimination and provide assurance to workers that they can come forward to report without fear of retaliation. WFL will also ensure that employees and jobseekers have fair access to job opportunities. 

b. Fair employers  will benefit from a more productive and engaged workforce, a more harmonious workplace, and be better able to attract and retain talent, contributing to stronger business outcomes.

c. WFL will shape positive workplace norms and strengthen social cohesion by addressing unfair treatment at workplaces. This is especially important in a multi-racial, multi-religious society, and a diverse workforce.  

4 Minister for Manpower, Dr Tan See Leng said, “The Workplace Fairness legislation marks a significant step in Singapore employment law, and it will be scoped to achieve three wins:  preserve harmonious workplaces, better protect workers, and support business growth in Singapore.  From surveys, engagements and complaints, we know the common forms of discrimination experienced in Singapore.  The WFL will prohibit  these common forms of discrimination – including age, sex, family status, race, nationality, and mental health.  Our approach places emphasis on giving redress to the worker who experienced discrimination while preserving workplace harmony and relationships.” 

5 The goal of the WFL is to strengthen Singapore’s harmonious workplace culture while providing protection and redress to workers who experience discrimination.   Legislation is not a panacea; education remains a priority to correct stereotypes, shape mindsets and sustain fair employment practices. Hence, it is imperative that employers, employees, and society collectively shape fairer and more harmonious workplaces. The Government will work closely with Tripartite Partners to implement the recommendations in 2024.


ANNEX A
SUMMARY OF RECOMMENDATIONS 

Strengthen protection against workplace discrimination

1. [NEW] Define discrimination as making an adverse employment decision because of any protected characteristic.

2. Prohibit workplace discrimination in respect of the following characteristics: (i) age, (ii) nationality, (iii) sex, marital status, pregnancy status, caregiving responsibilities, (iv) race, religion, language; (v) disability and mental health conditions (“protected characteristics”). 

3. Retain and enhance the TGFEP to work in concert with legislation. The TGFEP will continue to uphold overarching principles of fair and merit-based employment and provide protection against all forms of workplace discrimination. 

4. Cover all stages of employment i.e. the pre-employment (recruitment), in-employment (e.g. promotion, performance appraisal, training selection) and end-employment (e.g. dismissal) stages (“employment decisions”). 

5. Prohibit the use of words or phrases in job advertisements that indicate a preference for a protected characteristic.

6. Legislate the job advertisement requirement for submission of Employment Pass and S Pass applications under the existing Fair Consideration Framework.     

7. Prohibit retaliation against those who report cases of workplace discrimination or harassment. 

8. Update the TGFEP to clarify that corporate service buyers (e.g. property management companies) and intermediaries (e.g. platform operators providing matching services) should not discriminate based on characteristics that are not related to the job.

Provisions to support business/organisational needs and national objectives

9. Allow employers to consider a protected characteristic in employment decisions if it is a genuine and reasonable job requirement.

10. Exempt small firms (<25 employees) from the legislation for a start, to be reviewed in five years. 

11. Allow religious organisations to make employment decisions based on religion and appropriate religious requirements (i.e. conformity with religious beliefs and practices). 

12. Support employers in hiring persons with disabilities and seniors (≥55 years). 

13. [NEW] Issue Tripartite Advisory on providing reasonable accommodations to persons with disabilities.

Processes for resolving grievances and disputes while preserving workplace harmony

14. Require employers to put in place grievance handling processes. Employers should also protect the confidentiality of the identity of persons who report workplace discrimination and harassment, where possible. 

15. TAFEP continues to serve as the first port of call outside the firm for workers who experience discrimination.

16. Require compulsory mediation for workplace discrimination claims at the Tripartite Alliance for Dispute Management (TADM) first, with adjudication at the Employment Claims Tribunals (ECT) as a last resort. 

17. Unions to continue to play a constructive role in dispute resolution for workplace fairness. Allow unions to support their members in the claims process similar to other employment claims today. 

Ensuring fair outcomes through redress for victims of workplace discrimination, and appropriate penalties for breaches

18. At TADM mediation, the focus should be on educating employers on correct practices and mending the employment relationship where practicable, and not primarily monetary compensation.

19. Provide for monetary compensation of up to $5,000 for pre-employment claims; and, up to $20,000 for non-union members and $30,000 for union-assisted claims, for in-employment and end-employment claims, as with other employment claims today. 

20. Empower the ECT to strike out frivolous or vexatious claims, and/or award costs against such claimants. 

21. Where the claim involves a suspected serious breach of the workplace fairness legislation, allow the State to concurrently conduct investigations with a view to taking enforcement action.

22. Provide a range of penalties including corrective orders, work pass curtailment and financial penalties that can be imposed against firms and/or culpable persons, depending on the severity of breach.

ANNEX B
COMPOSITION OF TRIPARTITE COMMITTEE ON WORKPLACE FAIRNESS

S/N	Co-Chairs
1	Dr Tan See Leng	Minister for Manpower & Second Minister for Trade and Industry
2	Mr Ng Chee Meng	Secretary-General, National Trades Union Congress (NTUC)
3	Dr Robert Yap	President, Singapore National Employers Federation (SNEF)
	Members
4	Mr Edwin Tong	Minister for Culture, Community and Youth & Second Minister for Law
5	Dr Koh Poh Koon	Senior Minister of State for Sustainability and the Environment and Manpower
6	Mr Zaqy Mohamad	Senior Minister of State for Manpower and Defence
7	Ms Gan Siow Huang	Minister of State for Manpower and Education
8	Ms Cham Hui Fong	Deputy Secretary-General, NTUC
9	Mr Patrick Tay	Assistant Secretary-General, NTUC
10	Mr Arasu Duraisamy	Secretary for Financial Affairs, NTUC
11	Mr Edwin Ng	Honorary Secretary, SNEF
12	Ms Kohe Hasan	Council Member, SNEF
13	Ms Chew Lee Ching	Vice-President, Association of Small & Medium Enterprises
14	Mr Chia Der Jiun	Permanent Secretary (Development), Ministry of Manpower
15	Mr Aubeck Kam (Until 1 April 2022)	Permanent Secretary, Ministry of Manpower
16	Mr Gabriel Lim	Permanent Secretary, Ministry of Trade and Industry
17	Mr Ravi Menon	Managing Director, Monetary Authority of Singapore
18	Mr Foo Kwok Jwee	Chief of Government Communications
19	Mr Janadas Devan (UntilMarch2023)	Chief of Government Communications
20	Ms Jeanne Lee	Chief Legislative Counsel, Attorney-General’s Chambers
21	Mr D N Prasad	President, Singapore Human Resources Institute
22	Ms Low Peck Kem (until March 2023)	President, Singapore Human Resources Institute
23	Ms Aileen Tan	Board Member, Institute for Human Resource Professionals