Proposed law on workplace fairness tabled in parliament to protect workers from discrimination

SINGAPORE: The Ministry of Manpower (MOM) introduced a Bill on workplace fairness in parliament on Tuesday (Nov 12) that will introduce more ways for workers to seek recourse when they face discrimination.
MOM said the law aims to entrench existing workplace norms and strengthen protection, and builds on progress made since the Tripartite Guidelines on Fair Employment Practices was introduced in 2007.
The legislation will be introduced through two Bills, with the second one to be tabled next year.
On Tuesday in parliament, Minister for Manpower Tan See Leng tabled the first Bill, which set out the scope of what the workplace fairness law will cover and what employers are expected to comply with.
The second Bill will introduce the processes for individuals to make private claims, and will be an expansion of the existing Employment Claims Tribunals. Some of these details will take time to work through.
“We didn’t want to delay the first Bill to get all that (settled). We wanted to put the first Bill up … so that firms can start to make preparations,” an MOM spokesperson told reporters at a media briefing.
If both Bills are passed by lawmakers, the legislation is likely to take effect in 2026 or 2027, according to MOM.
The first Bill set out five areas that will be protected if the Bill is passed, namely:
These areas account for more than 95 per cent of discrimination complaints received by the Tripartite Alliance for Fair and Progressive Employment Practices (TAFEP) and MOM.
Between 2018 and 2022, an average of 315 discrimination complaints were received by TAFEP and MOM.
More than half of the complaints – 176 of them – were to do with nationality, and 77 involved age. Just nine were categorised under “others”.
Complaints that fall outside of the protected characteristics will remain covered under the Tripartite Guidelines on Fair Employment Practices.
If the law is passed, employers will also be required to put in place grievance handling processes to facilitate dispute resolution within the company.
Employees who report discrimination or harassment will be protected from retaliation by employers, disclosure of identity and civil or criminal liability, such as where employers try to claim damages for breach of confidence or defamation.
While the focus is on educating employers and maintaining a harmonious workplace, the legislation will allow a range of actions to be taken against errant individuals or companies. These include corrective orders to address stereotypes and shape mindsets, administrative financial penalties and state-led legal action for the most severe breaches.
The Tripartite Committee’s report on workplace fairness outlined several examples of breaches. A firm posting a job advertisement indicating a preference for females because of a belief that females perform better in sales roles may be issued a correction order for its first breach.
On the other end of the spectrum, a company that favours workers of one nationality for promotions despite others performing well could be ordered by the courts to pay a financial penalty. MOM will also take action if the company retaliates against employees who complain about discriminatory practices.
The Singapore National Employers Federation (SNEF) said the range of penalties will be better than what is available today – where companies mostly face restriction of work pass privileges, which is a “blunt tool”.
Companies that have genuine business needs will be allowed to consider protected characteristics when making employment decisions.
Four circumstances are outlined under the legislation – for reasonable performance of the job, for health and safety reasons, for privacy reasons and for legal and regulatory reasons.
For example, an employer can consider an applicant’s fluency in a language if the job opening is for an interpreter.
A spa may also seek female employees to serve female customers.
Separately, employers who prefer to hire local workers can also continue doing so.
If the law is passed, employers will be legally required to advertise on MyCareersFuture – a job search portal targeted at Singapore citizens and permanent residents – and fairly consider all local candidates before submitting applications for work passes for foreigners.
The law will also support employers who choose to hire people with disabilities or senior workers.
Smaller firms with fewer than 25 employees will be exempted from the legislation, while religious organisations can make employment decisions based on religion.
The exemption for smaller firms will be reviewed five years after the law is implemented.
The National Trades Union Congress (NTUC) said it supports fairer workplace practices and has been advocating for measures to ensure older workers as well as professionals, managers and executives (PME) are fairly treated.
A spokesperson told reporters that PMEs in their 40s and 60s have reported feeling concerned about discrimination and comparison with foreigners.
“NTUC will continue to champion fair treatment for all workers,” the congress said. “We are committed to listening to their concerns and advocating for them as their work challenges evolve.”
The SNEF said the legislation strikes a “crucial balance” with operational flexibility for employers who are mostly committed to fair employment practices.
It encouraged companies to view the law as “more than just a compliance requirement”, but to see it as part and parcel of cultivating cohesive and inclusive workplaces.