The Singapore government will continue to work on the Bill and improve it over time, said Manpower Minister Tan See Leng in Parliament on Jan 8. - MDDI
SINGAPORE: A landmark Bill tackling workplace discrimination was passed in Parliament on Jan 8, with MPs present unanimously supporting the new law to give workers greater protection against biases on grounds like age and nationality.
Responding on Jan 8 to MPs’ questions and suggestions on the Workplace Fairness Bill, Manpower Minister Tan See Leng told Parliament that while the Government cannot “resolve all the issues overnight”, it will continue to work on the Bill and improve it over time.
He emphasised the prudent approach for the Bill, and said that while it is easy to call for a new anti-discrimination law, it is “complex and challenging” to design a Bill that strikes the right balance.
He was responding to questions by Workers’ Party (WP) MP Sylvia Lim and Progress Singapore Party’s Non-Constituency MP Leong Mun Wai on why the Government took so many years to develop the Bill.
“We want a balanced approach – if it becomes untenable for businesses to operate in Singapore, this affects jobs for workers,” said the minister.
Dr Tan said the Government has consulted widely and deliberated extensively to put together a balanced Bill that preserves the current workplace norms, and guards against divisions in workplaces and the society.
In a media statement after the Bill was passed, the National Trades Union Congress (NTUC) said it supports the passing of the Bill.
Said NTUC secretary-general Ng Chee Meng: “Over the years, NTUC has pushed for stronger protection to tackle workplace discrimination, including age, sex and a level playing field for professionals, managers and executives (PMEs).”
The Singapore National Employers Federation (SNEF) said it has held close to 40 engagement sessions since June 2023, comprising dialogues, workshops and in-house training sessions on the Workplace Fairness Legislation, reaching more than 3,000 employers.
“We will ensure that practical considerations of employers are duly considered in developing the claims framework so that both employers and employees would not be encumbered by an overly complex process,” said an SNEF spokesperson, referring to the second Bill for the legislation, which is set to be introduced in 2025.
During the eight-hour debate on the Bill spread over two days, People’s Action Party (PAP) MPs Saktiandi Supaat (Bishan-Toa Payoh GRC) and Fahmi Aliman (Marine Parade GRC); and WP MP Faisal Manap (Aljunied GRC), highlighted the ongoing challenges and cost of racial and religious discrimination, specifically issues faced by the Malay-Muslim community.
On Jan 7, Faisal raised concerns about discrimination faced by Muslim men, highlighting two situations relating to requests on taking time off to perform Friday prayers.
Saktiandi also asked whether there is an increase in the proportion of racial, ethnic or religious discrimination over the past 20 years, noting that residents have told him of incidents where they have been discriminated against at work or during job applications because they are of a certain race, and/or wear a tudung or go for Friday prayers.
These are indeed sensitive and important issues for the Malay-Muslim community, he said.
Fahmi added that victims may be accused of using their race or religion as an excuse for poor performance, causing them to question their self-worth.
“This silent killer – workplace discrimination – can infect and weaken the very fabric of our society,” he said.
In his closing speech, Dr Tan emphasised that race and religion are protected characteristics under the Bill.
“If a person goes for Friday prayers and is fired for being religious and not because of performance, this is discriminatory under the law,” he said.
“This Bill is not about legislating whether a firm must or must not allow someone to go for Friday prayers, or accede to any other religion’s practices and requests.
“We have to recognise that there are many operational details and implications, and such issues are best addressed through open communication, trust and dialogue to accommodate both workers’ and employers’ valid needs.”
WP MP He Ting Ru (Sengkang GRC), PAP MP Louis Ng (Nee Soon GRC) and Nominated MP Usha Chandradas pointed out that discrimination on the grounds of sexual orientation and gender identity have been explicitly excluded from the Bill’s coverage.
The Bill specifies that employment decisions, such as in hiring, firing and appraisals, based on five groups of characteristics are unlawful. These are: age; nationality; sex, marital status, pregnancy status and caregiving responsibilities; race, religion and language; and disability and mental health conditions.
MP He said that some LGBTQ individuals had shared their experience with discrimination from employers who decline to hire them on the grounds of their sexual orientation.
“This is disturbing, as we should aim to harness the contributions of all Singaporeans,” she added, seeking clarification about how the ministry plans to address such types of workplace discrimination.
Additionally, Ng recounted a discriminatory experience by a lesbian who said her headhunter warned her against bringing up her sexual orientation at a job interview, as a previous candidate had been rejected for mentioning her same-sex spouse.
“Are we telling employers that it is okay to discriminate against someone because of their sexual orientation and gender identity?” he asked.
Chandradas also called for assurances from the Government, and asked whether it will work with LGBTQ+ workers on the ground to conduct training for the Ministry of Manpower (MOM), Tripartite Alliance for Fair and Progressive Employment Practices (Tafep), or other front-line staff to ensure that cases will be dealt with seriously.
In response, Dr Tan said the Government has undertaken overseas study trips where Tafep, the Tripartite Alliance for Dispute Management (TADM) and MOM officers learnt how other jurisdictions manage discrimination cases and stakeholders.
He added that Tafep has also engaged third-party trainers, training its officers to manage cases of discrimination and harassment sensitively, including potentially adopting a trauma care approach for vulnerable workers.
“Let me state clearly that we do not tolerate workplace discrimination, including towards LGBT individuals. We currently handle such cases under the TGFEP (Tripartite Guidelines on Fair Employment Practices) and will continue to do so.
“In addition, the Penal Code and the Protection from Harassment Act (Poha) protect all victims against violence and harassment, regardless of their sexual orientation or gender identity,” he said.
Nominated MP Jean See and MP He pointed out that platform work arrangements are excluded from the Bill.
“These clarifications on exclusions are important because this Bill took three and a half years of development and many consultations with employers. It is also not a novel point of law, with many developed jurisdictions and international law to take reference from,” said MP He.
See noted that some platform workers are from less-advantaged communities, and that they became platform workers due to their limitations.
“They asked if the Bill could be extended to cover platform workers, and protect platform workers against discrimination by platform algorithms,” she told Parliament on Jan 8.
This means biases could intentionally or inadvertently be introduced by operators or picked up by platform algorithms, affecting decision-making. This could result in a worker’s job allocation and/or fares being deprioritised.
“Such actions hurt the livelihoods of affected platform workers,” she said.
Responding to queries about platform workers, Dr Tan said the TGFEP will be updated to clarify that platform operators and corporate service buyers should not discriminate based on non-job-related characteristics.
He reiterated that workers who face discrimination should approach Tafep for assistance.
Labour MPs Patrick Tay (Pioneer) and Melvin Yong (Radin Mas), and Nominated MP Mark Lee highlighted challenges faced by small and medium-sized enterprises (SMEs).
As businesses with fewer than 25 workers will be excluded for five years after the legislation comes into effect, MYong highlighted the need to ensure that workers working in small businesses do not fall through the cracks during the transition period.
Tay said that smaller companies should not be exonerated from their responsibilities indefinitely. “SMEs, like larger companies, have an equal responsibility to foster a fair and inclusive workplace for their workers.”
Lee voiced his concerns over “policy fatigue” as businesses are already navigating existing regulatory requirements such as implementing flexible work arrangements and enhanced parental leave guidelines.
“Adding new compliance obligations could stretch their resources further, particularly for businesses without dedicated HR (human resources) functions,” he added.
He recommended that HR staff be equipped with the skills needed to implement fair workplace practices effectively, proposing that Tafep collaborate with the Institute for Human Resources Professionals to establish a robust framework for accrediting HR capabilities.
In his reply closing the debate, Dr Tan thanked the MPs as well as others who had given their suggestions on the law, saying: “Please bear with us if we could not take your suggestions on board at this point in time. I seek your patience and understanding that we will take time to further build this regime.” – The Straits Times/ANN
