Singapore’s New Workplace Fairness Law: What Employers Need to Know

Posted by Written by Ayman Falak Medina Reading Time: 2 minutes

Singapore’s Law and Home Affairs will propose a new workplace fairness legislation (WFL) to parliament aimed at creating a more equitable and inclusive employment practice.

The proposed law will ensure that employers do not discriminate against employees based on protected characteristics. This move highlights the government’s commitment to maintaining racial and religious harmony and equality in the workplace.

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Currently, there is no law that covers workplace discrimination and employers have to refer to Singapore’s tripartite parties’ Guidelines for Fair Employment Practices when it comes to the fair treatment of employees.

What are the key provisions of the workplace fairness legislation?

The new WFL outlines several key reforms to employment practices.

Prohibition of discrimination

The WFL will explicitly ban employment discrimination based on factors like age, race, gender, religion, marital status, disability, and family responsibilities. This approach goes beyond previous guidelines, which primarily addressed broad categories such as race and nationality.

Employers must now ensure that hiring, promotions, and remuneration decisions are merit-based, rather than influenced by irrelevant personal characteristics, creating a more equitable and inclusive workplace environment.

Proper grievance handling processes

The WFL will establish a formal grievance procedure for employees to report instances of workplace discrimination. This will create a clearer and more defined process for handling complaints, addressing the current ambiguity in resolving such issues. Employees who believe they have been discriminated against will benefit from a more transparent and efficient investigation process, with established timelines for employer responses to ensure timely resolutions.

Further, employers will be prohibited from retaliating against workers who report workplace discrimination and harassment. The WFL will define retaliatory actions to include:

  • Wrongful dismissal;
  • Harassment;
  • Unauthorized salary deduction;
  • Unreasonable denial of re-employment; and
  • Any other action aimed to victimize the employee.

Protection for vulnerable workers

The new legislation will also focus on safeguarding vulnerable workers, such as older employees, women with caregiving duties, and individuals with disabilities. Employers will be mandated to foster a more inclusive workplace by adopting policies that support these groups, including flexible work arrangements and reasonable accommodations for employees with special needs, promoting equity and inclusion across all workforce levels.

Enforcement and sanctions

Employers that breach the WFL can be sanctioned. The sanctions will be based on the severity of the breach.

Low severity

Corrective orders issued by the Ministry of Manpower (MoM) will punish low-severity breaches. Firms must review their hiring process, and individuals can be asked to attend corrective workshops.

Moderate severity

The Ministry of Manpower is expected to impose administrative sanctions for breaches of the WFL deemed moderate. The MoM can also impose work pass curtailment.

High severity

For breaches of the WFL deemed as highly severe, employers could be subject to prosecution in court where the company’s decision-makers could face significant penalties.

How should businesses prepare

To align with the upcoming Workplace Fairness Legislation (WFL), businesses should take several proactive steps:

  1. Review current policies: Evaluate existing hiring, promotion, and remuneration practices to ensure compliance with the new nondiscrimination rules.
  2. Implement grievance procedures: Set up or revise internal processes for handling discrimination complaints, ensuring transparency and timeliness.
  3. Train management and staff: Conduct training sessions on diversity, equity, and inclusion to raise awareness of the new requirements and encourage fair employment practices.
  4. Consult legal experts: Engage legal professionals to ensure full understanding and compliance with WFL provisions, mitigating the risk of sanctions.

By addressing these areas, businesses can create a more inclusive workplace and stay compliant with the new legislation.

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