Commentary: Do we need a law to remind us of basic workplace decency?

SINGAPORE: On Jan 8, Singapore’s parliament passed the Workplace Fairness legislation, marking a significant step forward in protecting workers from discrimination.

The new law prohibits discrimination based on age, nationality, gender, marital status, pregnancy status, caregiving responsibilities, race, religion, language, disability, or mental health conditions.

Some may argue that Singapore should not need a law to teach us basic decency at work. After all, shouldn’t fairness and respect be fundamental workplace values?

While most employers in Singapore are responsible and fair, the reality is that discrimination, whether deliberate or unintentional, does occur in the workplace.

As such, the legislation acts as a safeguard against the minority who may engage in discriminatory practices, sending a strong message that such behaviour will not be tolerated.

WHAT THE NEW LAW MEANS FOR WORKERS

So, what does the new law mean for you as a worker?

Simply put, it means that it will be unlawful for employers to refuse to hire someone, give poor performance reviews, deny promotions or training, or fire a person based on the protected characteristics mentioned above.

Companies will also be required to implement clear grievance-handling processes, protect employees’ confidentiality, and cannot retaliate against workers who file complaints.

Put together, all these will empower workers to report discrimination without fear of losing their job.

To illustrate how the Workplace Fairness legislation can protect workers from discrimination, let us consider a few hypothetical scenarios.

Scenario 1: Age Discrimination in Hiring

John, a 55-year-old highly qualified professional, applies for a job at a company but is rejected in favour of a younger, less experienced candidate. Under the new law, John can file a complaint with the Tripartite Alliance for Fair & Progressive Employment Practices (TAFEP), which will investigate whether the company’s hiring decision was based on age discrimination. If found to be so, the company may face penalties and be required to rectify its hiring practices.

Scenario 2: Pregnancy Discrimination in Job Security

Sarah, a pregnant employee, is suddenly terminated from her job without any valid reason. She suspects that her pregnancy was the underlying cause for her dismissal. With the Workplace Fairness legislation in place, Sarah can report this discrimination to TAFEP, which will look into whether her termination was unlawful. If the company is found to have discriminated against Sarah based on her pregnancy, it may face legal consequences.

Scenario 3: Racial Discrimination in Promotions

Michael, a highly performing employee from a minority racial background, is consistently passed over for promotions despite his qualifications and experience. He believes that his race may be a factor in these decisions. Under the new law, Michael can raise this concern through his company’s grievance handling process or file a complaint with TAFEP. If an investigation reveals that the company has been engaging in racial discrimination in its promotion practices, it may face penalties and be required to take corrective action.

Employers who engage in discriminatory practices, fail to adhere to fair employment practices, or retaliate against employees who exercise their rights under the Workplace Fairness legislation may face a range of consequences.

For less severe breaches, employers may be directed to attend educational workshops or face administrative financial penalties imposed by the Ministry of Manpower (MOM). In cases of more severe breaches, MOM can bring the offenders to court and recommend heavier civil penalties.

A second Bill, which is expected to be introduced later in 2025, is expected to provide more clarity on redress mechanism, including compulsory mediation through the Tripartite Alliance for Dispute Management (TADM) and the option to seek recourse through the Employment Claims Tribunal (ECT).

According to the Tripartite Committee’s Final Recommendations for Workplace Fairness released in August 2023, the ECT would be empowered to award compensation of up to S$5,000 for pre-employment claims and up to S$20,000 (or S$30,000 for union-assisted claims) for claims arising during or at the end of employment.

Once the second Bill is passed, the legislations are expected to take effect in 2026 or 2027.

LIMITATIONS OF THE WORKPLACE FAIRNESS LEGISLATION

While the Workplace Fairness legislation is a significant step forward in tackling discrimination, it is not without its limitations. For example, smaller businesses with fewer than 25 employees have a five-year grace period before they need to comply with the law. This leaves some workers unprotected in the short term.

The Act also does not cover indirect discrimination, which means workers could still face subtle or systemic unfair treatment that aren’t directly linked to the protected characteristics. Similarly so for bullying or harassment unrelated to those protected characteristics. These behaviours can contribute to toxic workplaces that harm employees’ mental health and well-being.  

While the Protection from Harassment Act (POHA) offers some recourse for severe cases of harassment, there remains a gap in legal protections for workers experiencing more subtle or pervasive forms of bullying or toxicity in the workplace.

DOING THE RIGHT THING

The Workplace Fairness legislation is not a panacea for all forms of discrimination - neither should it be.

While laws can punish unfair practices, they cannot legislate empathy, respect or kindness.

These values must come from within organisations, driven by leaders who choose fairness and inclusivity not out of obligation, but because it’s the right thing to do.

Ultimately, a fair workplace is one where individuals are judged on their merits and contributions, not their personal circumstances or characteristics.

Ben Chester Cheong is a law lecturer and the inaugural MOE-START Overseas PhD Scholar at the Singapore University of Social Sciences, a Visiting Fellow in Law at the University of Reading, and an Of Counsel at RHTLaw Asia.