New workplace fairness Bill proposed to protect S’pore workers against discrimination

On November 12, Singapore's Ministry of Manpower (MOM) introduced a new bill aimed at enhancing workplace fairness by addressing discrimination in hiring, dismissals, and performance appraisals. The legislation, presented in two phases, focuses on protecting workers from discrimination based on factors such as nationality, age, sex, marital or pregnancy status, caregiving responsibilities, race, religion, disability, and mental health conditions.

The first part of the Bill outlines key principles for protecting workers, as well as processes for dispute resolution and mechanisms for addressing breaches. The second part, set to be tabled in 2025, will detail claims procedures and amend the Employment Claims Act. If passed, both Bills are expected to take effect around 2026 or 2027.

The legislation aims to establish fair and merit-based employment practices, bolster worker protection, and create a safer environment for employees to report grievances. MOM emphasized that it will hold employers accountable for discriminatory practices, with penalties including fines and civil lawsuits. Serious breaches may lead to higher financial penalties.

Notably, the Bill allows some flexibility for employers, permitting the hiring of workers with specific traits to meet business needs—such as female masseuses for female clientele or language-specific roles—while exempting religious groups and employment practices aligned with national objectives, such as promoting disabled workers or those aged 55 and above.

The proposed legislation also introduces mandatory grievance-handling processes for employers and prohibits retaliation against employees who report discrimination. Workers may claim up to $20,000 in damages, or $30,000 for union members, for workplace discrimination. However, employees who file frivolous claims may face penalties, including costs up to $5,000 and disciplinary action.

Small businesses with fewer than 25 employees will be exempt from the legislation for five years to allow time for adjustment. The Singapore National Employers Federation (SNEF) and the National Trades Union Congress (NTUC) have expressed support for the Bill, with the former offering guidance to businesses on grievance procedures, while the latter plans to train union leaders on the new rules.

The legislation complements existing guidelines on fair employment practices, which have contributed to a decline in workplace discrimination cases. MOM's latest report indicated that discriminatory cases against workers dropped from 24% in 2018 to 6% in 2023, reflecting progress made through education and tripartite efforts.

The new bill marks a significant step towards aligning Singapore's employment laws with global standards, similar to the legal frameworks in the UK, US, and the European Union.