MOM Unveils the New Singapore Workplace Fairness Legislation
In a significant move to bolster workplace discrimination protection, Singapore’s Ministry of Manpower (MOM) has unveiled new details about forthcoming workplace fairness legislation addressing this pressing issue. The proposed legislation seeks to enhance worker protection, promote fairness, and reinforce equitable employment practices.
Current Framework
The Tripartite Guidelines on Fair Employment Practices (TGFEP) gives the existing guidelines for addressing workplace discrimination. These guidelines uphold principles of fair and merit-based employment while actively opposing discrimination in all its forms. They work in conjunction with the Tripartite Alliance for Fair and Progressive Employment Practices, serving as a resource for individuals seeking advice or assistance concerning workplace discrimination or harassment.
Proposed Legislation
Senior Minister of State for Manpower, Mr. Koh Poh Koon, provided further insight into the forthcoming legislation during a parliamentary session on July 3, 2023. The legislation is a response to recommendations from the Tripartite Committee on Workplace Fairness, formed in 2021 to review Singapore’s workplace fairness framework. It aims to combat common forms of workplace discrimination and emphasizes mediation over litigation for dispute resolution, while complementing the existing TGFEP.
The proposed legislation seeks to enhance workplace fairness through various education and enforcement initiatives, sending a strong message against workplace discrimination.
Impact on Employers: Mediation as Dispute Resolution
The legislation’s primary focus is on resolving disputes at their source through mediation rather than resorting to litigation. Consequently, companies must establish grievance-handling channels to facilitate amicable internal dispute resolution. If internal resolution proves unsuccessful, mediation at the Tripartite Alliance for Dispute Management will be the next step, with an emphasis on educating employers about fair employment practices and rebuilding the employer-employee relationship if possible. If mediation fails, adjudication at the Employment Claims Tribunals becomes the final resort.
Impact on Individuals and Employees: Enhanced Protection
To ensure that individuals experiencing discrimination feel empowered to report such incidents, the legislation will include mechanisms to protect them from retaliation. Additionally, the legislation will provide clear definitions of what constitutes discrimination, aiming to eliminate any ambiguity or misconceptions.
A coordinated effort among employers, employees, unions, and the government is deemed essential to educate stakeholders, reshape attitudes and mindsets, and raise awareness of fair employment practices. This collaborative approach aims to advance fair and progressive employment practices in Singapore, aligning with the nation’s social and economic objectives and promoting greater workforce participation.
Exemptions
The legislation may include exemptions for small firms with fewer than 25 employees. However, the authorities may lower this five years after its commencement. Small firms will still be subject to the TGFEP, which prohibits all forms of workplace discrimination. They are encouraged to enhance their human resource capabilities and practices to foster a fair and harmonious workplace culture.
Conclusion
The impending legislation is set to be finalized by the end of 2024 following the release of the Committee’s final report and recommendations. The expectations are for it to bolster Singapore’s stance against workplace discrimination significantly. The legislation will contribute to more productive and engaged workplaces while maintaining a harmonious corporate culture that prioritizes mediation over litigation.
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