The PAP government passed the Workplace Fairness Bill in Parliament today (8 Jan). We take a closer look at why the Bill matters.
Discrimination can often happen in the job market. Take the instance of an employer demanding a language requirement for a job where none is required. This is often a pretext for discarding candidates from different racial backgrounds. Similarly, there are errant employers who show outright bias towards specific nationalities.
None of these situations are fair, but they do happen. That is what makes the Workplace Fairness Bill (WFB) a landmark piece of legislation. The WFB will strengthen protections for Singaporeans by making fair employment practices not just a ‘good to have’ company policy but a legal requirement.
What are your rights?
Since the introduction of the Tripartite Guidelines on Fair Employment Practices (TGFEP), urging employers to make fair decisions based on merit, reports of discrimination by employees and job seekers have declined over the years. However, the PAP Government believes that more can be done. By enshrining TGFEP into law, we can level the playing field in the job market.
With the new WFB, it will be illegal for employers to make adverse employment decisions based on five categories of protected characteristics. They are:
- Age
- Nationality
- Sex, Marital Status, Pregnancy Status, Caregiving Responsibilities
- Race, Religion, Language and,
- Disability & Mental Health Conditions
The WFB will cover all the stages of employment. That includes hiring, appraisals, promotions, training opportunities, and dismissals.
Under the new law, an employer will be breaching the WFB if they continue to use language requirements as a factor to weed out candidates from certain races. Similarly, giving employees a negative appraisal due to prejudice to their age, race, or sex will also be unlawful.
Besides sending a strong signal that racial and religious discrimination are not acceptable in Singapore, a commitment to protect local workers is at the heart of the WFB.
Therefore, the WFB will not apply when employment decisions are made based on whether the person is part of the local workforce. Singaporean workers will always be given a fair, level playing field when it comes to employment.
In the long run, this will allow businesses to strengthen their local workforce core and build stronger local networks and greater resilience.
Finally, for complaints that do not come under the list of protected characteristics, TGFEP guidelines will continue to cover all other forms of workplace discrimination.
“I would like to reiterate to all employees: if you are facing workplace discrimination, MOM and TAFEP will support you. You will not be turned away simply because it is not a protected characteristic,” said Minister for Manpower Dr Tan See Leng.
Raising a grievance
According to a MOM report, a large share of employees who experience discrimination do not seek help. Reasons for not doing so include a fear of retaliation, harassment, or having their concerns brushed off.
Taking that into account, the WFB has legislated that all workplaces have grievance-handling processes in place to handle such disputes.
Once a complaint is lodged, the Bill will require employers to inquire about the grievance and inform the employee of the process. The aim is not to punish but to shape positive workplace norms from the ground up.
For employees and employers who are unable to settle their differences, the employee can decide if they wish to make a private employment claim under the Bill, which will be tabled later in the year.
“This Bill …will enhance our current model of promoting fair and harmonious workplaces tailored to our local context. It will encourage an atmosphere of trust and openness where issues on workplace discrimination can be raised safely and resolved amicably. In doing so, we aim to preserve, reinforce, and improve our existing workplace norms on fair and harmonious workplaces,” said Dr Tan.
Like the Platform Workers Bill passed last year, the WFB is part of the PAP’s commitment to ensure good jobs and wages for Singaporeans. It is also a proactive step to ensure that workers are treated fairly and are able to grasp all the opportunities our vibrant economy has to offer.
Picture Source: Dr Tan See Leng via Facebook
