Workplace discrimination has long been a global concern among employees globally, and Singapore is no exception. Given Singapore’s diverse workforce, which includes individuals from various nationalities, races, ages, religions and genders, addressing discrimination is both crucial and complex.  

In July 2021 the Tripartite Committee on Workplace Fairness (“TCWF”) was formed to produce a report on workplace discrimination and to suggest options to strengthen the anti-discrimination legal framework in Singapore. The TCWF comprised the Ministry of Manpower, National Trades Union Congress (NTUC) and Singapore National Employers Federation (SNEF). 

In August 2023, the TCWF published a report1 (“Final Report”) setting out its recommendations for the proposed legislative framework based on feedback received pursuant to an Interim Report published earlier in February 2023 which concluded that a workplace fairness legislation (“WFL”) is necessary to enhance the existing anti-discrimination framework in Singapore. The Final Report made 22 recommendations, most notably: 

1. Prohibiting workplace discrimination in respect of age, nationality, sex, marital status, pregnancy status, caregiving responsibilities, race, religion, language, disability and mental health conditions (“protected characteristics”) as defined in the Final Report.   

2. Legislating the protections against discrimination based on the protected characteristics for all stages of employment, i.e. pre-employment (recruitment), in-employment (promotion, appraisal, and training selection), and end-employment (dismissal). 

3. Prohibiting the use of words or phrases which indicate a preference based on any protected characteristics in job advertisements. 

4. Requiring employers to put in place proper grievance handling processes, including protecting the confidentiality of the identity of the person reporting the workplace discrimination or harassment 

5. Requiring  mandatory mediation for workplace discrimination claims at the Tripartite Alliance for Dispute Management (TADM) first, with adjudication at the Employment Claims Tribunal as a last resort. 

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

7. Providing appropriate redress for victims of workplace discrimination including monetary and non-monetary remedies, and appropriate enforcement action against employers or the decision maker of the discriminatory decision based on the severity of the discrimination. The enforcement actions recommended by the Final Report include issuance of corrective orders, work pass curtailment and financial penalties that can be imposed against firms and/or culpable persons, depending on the severity of breach. 

One notable aspect of the recommendations made by TCWF is that the protection against discrimination was expressly recommended to be extended to apply to the pre-employment phase, i.e. the recruitment process. This is often overlooked as the employer-employee relationship has yet to be formed. Further, the Final Report even recommended compensation limit of up to SG$5,000 for pre-employment claims, considering that no employment relationship has been formed yet.  

The Final Report also provides for penalties of up to SG$20,000 – SG$30,000 (depending on whether the workers are unionised) for in-employment/end-employment claims.  

Currently, the Final Report and the existing workplace discrimination framework under the Tripartite Guidelines on Fair Employment Practices (“TGFEP”) do not have the status of law and are non-binding. However, there are clear indications that the status quo will change, and the WFL will be passed.  

On 4 August 2023, a public announcement was made that the Government has accepted the recommendations by TCWF for WFL.2 Since the issuance of the Final Report, public consultations and engagement with various stakeholders were made. On 1 July 2024, the Law and Home Affairs Minister K Shanmugam, while speaking at the Institute of Policy Studies –  

Ministry of Home Affairs Forum on Non-Violent Ethnic Hostilities confirmed that there are plans to introduce this in parliament in 2024. It is envisaged that the legislation will apply to all employers with 25 staff or more in the first instance, but this exemption for small firms will be reviewed in five years.   

Notwithstanding that TCWF advocated strongly for legislative effort, one of the main guiding principles of the Final Report is that the WFL should only complement the existing framework under the Tripartite Guidelines on Fair Employment Practices (“TGFEP”), under which various guidelines, handbook, and implementation guides were published. Therefore, employers in Singapore are advised to familiarise themselves with the TGFEP in preparation for the WFL slated to be passed in 2024.  

Further information 

Should you have any questions on how this article may affect you or your business, please get in touch with the following persons: 

Peter Doraisamy	Mato Kotwani
Managing Partner	Partner
[email protected]	[email protected]

 

This article was prepared with the assistance of Tan Soo Yew. 

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This article is intended to provide general information only and does not constitute legal advice. It should not be used as a substitute for professional legal consultation. We recommend seeking legal advice before making any decisions based on the information available in this article. PDLegal fully disclaims responsibility for any loss or damage which may result from relying on this article.