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MPs call for platform workers, those with less visible disabilities to be included in workplace anti-discrimination law

LaksaNews

Myth
Member
SINGAPORE: Members of parliament on Tuesday (Jan 7) spoke in favour of a workplace anti-discrimination law, but called for groups such as platform workers and those with less visible disabilities to also be protected.

Manpower Minister Tan See Leng tabled the Workplace Fairness Bill in November 2024, and on Tuesday, it was presented in parliament for a second reading.

He said that while Ministry of Manpower (MOM) surveys have shown declining workplace discrimination over the years, this should not be taken for granted.

“We should take proactive steps to ensure that employees and jobseekers in Singapore continue to be assured of fair treatment in the workplace,” he said.

“This Workplace Fairness Bill has therefore been designed to improve protections against workplace discrimination, while preserving our fair and harmonious workplace norms.”

45:27 Min

The Workplace Fairness Bill prohibits employers from making an adverse employment decision on the grounds of a protected characteristic. The Government has decided on a “more nuanced and calibrated approach” by starting with five categories of protected characteristics, said Manpower Minister Tan See Leng as he outlined the key features in Parliament on Tuesday (Jan 7). The first category is age discrimination. All workers deserve to be assessed based on how well they do their job rather than their age, said Dr Tan. Given Singapore’s ageing population, senior workers must be empowered to contribute to the workforce if they wish to for as long as they remain productive and continue learning and refreshing their skills, he added. The second category is nationality. Dr Tan stressed the need for Singapore to remain open and connected, as well as welcoming to global talent and the businesses that can make its team stronger. The Bill is Singapore’s next step to further strengthen protections for Singaporeans, ensure a fair playing field and take stronger action against nationality discrimination, said Dr Tan. The third category covers sex, marital status, pregnancy and caregiving responsibilities. Dr Tan told the House that these areas are important to ensure fair and merit-based treatment for men and women and to support Singapore’s national marriage and parenthood objectives. The Bill can also contribute towards Singapore’s efforts for a more balanced presentation of men and women across sectors and occupations, he added. The fourth category is race, religion and language ability. It aims to send a strong statement that racial and religious discrimination is not acceptable in Singapore, said Dr Tan. The fifth category covers disability and mental health conditions. The Government is working on a tripartite advisory for reasonable accommodations to raise awareness and provide practical guidance to employers. It hopes that this will help to bring the concept of reasonable accommodations into the mainstream employment space. For people with mental health conditions, Dr Tan stressed the need for an evidence-based approach. Dr Tan said the Workplace Fairness Legislation Bill is “not a panacea” but “an additional layer of protection” against the more frequently encountered forms of workplace discrimination. The Bill also focuses on ensuring that employers have a grievance-handling process in place. It refrains from being overly prescriptive on the detailed requirements. This approach is pragmatic, practical and sensible, given the diversity of firms in Singapore’s economy, said Dr Tan. This Bill is the first of two Bills and the Government has chosen to introduce it early so that employers can have more time to prepare for the new law, said Dr Tan. The second Bill will pertain more specifically to how private employment claims can be made for workplace discrimination, he added. If both Bills are passed, the Government intends to implement the Workplace Fairness Legislation sometime in 2026 or 2027.


This is the first of two Bills on workplace fairness. A second Bill on how private employment claims can be made for workplace discrimination will be tabled later on.

If passed, the legislation will be implemented sometime in 2026 or 2027.

Fifteen MPs rose to speak in the debate. It will continue on Wednesday, where Dr Tan is expected to address concerns raised by MPs.

Workers' Party (WP) chief and Leader of the Opposition Pritam Singh, who was the first to speak in the debate, said the spirit of an anti-discrimination law does “far more” than just support and help workers.

“This Bill sends a fundamental and powerful message,” he said.

“It speaks to how the state deals with where Singaporeans stand at workplaces in their own country. It speaks to how the state recognises multiracialism, especially when minorities form about 25 per cent of the population.”

He called the Bill a “powerful signal” given that some Singaporeans fear becoming second-class citizens in their own country and believe that foreigners have better job prospects.

WHY BILL DOES NOT COVER ALL DISCRIMINATION​


Mr Singh and other MPs also pointed out that there are certain exceptions to the Bill, which only covers a list of “protected characteristics”.

For now, the Bill covers five categories of protected characteristics where there is “broad societal consensus”, said Dr Tan. Together, they account for more than 95 per cent of discrimination complaints received by the Tripartite Alliance for Fair and Progressive Employment Practices (TAFEP) and MOM, he said.

These include age and nationality – the top two causes of discrimination reported. A third category includes sex, marital status, pregnancy and caregiving responsibilities; the fourth covers the characteristics of race, religion and language ability; and the last encompasses disabilities and mental health conditions.

Mr Louis Chua (WP-Sengkang) criticised the Bill for limiting legislation to only certain characteristics.

“How can we confidently say that workplace discrimination of any form should not be tolerated, but yet some forms of discrimination are legal while others are not?” he asked, highlighting some types of discrimination that will not be covered, such as that based on physical medical conditions.

Ms Denise Phua (PAP-Jalan Besar) called for the broadening of the definition of disability in the Bill, which now covers autism, intellectual disabilities, physical disabilities and sensory disabilities. This excludes individuals with learning disabilities like dyslexia and attention deficit hyperactivity disorder, or ADHD, and conditions like cerebral palsy and multiple sclerosis, she said.

Mr Patrick Tay (PAP-Pioneer), who is the assistant secretary-general of the National Trades Union Congress (NTUC), said outsourced workers and freelancers, including platform workers, may be an underserved segment of workers.

“I envisage they should similarly be protected against discrimination in the course of their work.”

Ms He Ting Ru (WP-Sengkang) said platform workers and the lesbian, gay, bisexual and transgender community are “explicitly excluded” from the Bill.

Citing a Singapore study which found that gay people experience higher levels of discrimination at the workplace, she said: “This is disturbing, as we should aim to harness the contributions of all Singaporeans.”

She said these decisions seemed deliberate and the government should be open with why they were taken.

“I am not casting aspersions, but hope that we can have better clarity and understanding of the thought process and timing behind how the government intends to ensure that these groups, too, are eventually afforded legal protections against discriminatory behaviour,” she said.

15:21 Min

In Parliament on Tuesday (Jan 7), MP He Ting Ru sought clarifications on the Workplace Fairness Bill to understand why some types of discrimination such as non-workplace discrimination and indirect discrimination, among others, are excluded. She highlighted that several characteristics which are "well-known sources of discrimination", such as chronic medical conditions and learning disabilities, are not covered by the Bill. Discrimination on the grounds of sexual orientation and gender identity are also explicitly excluded from the Bill, said Ms He. She wanted to know how the Ministry of Manpower plans to address such types of discrimination, particularly as they are not currently explicitly covered by the Tripartite Alliance for Fair and Progressive Employment guidelines.


Dr Tan said in his opening speech that other territories such as Australia and Hong Kong also have a positive list of protected characteristics as it is “not practicable” to legislate broad principles without causing uncertainty.

He emphasised that workers can still seek help from TAFEP and will not be turned away.

“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,” he said.

Mr Tay of NTUC said the labour movement believes that no form of discrimination should be tolerated in the workplace.

Although sexual orientation and gender identity or expression are not explicitly covered, any employer who runs afoul of the Tripartite Guidelines on Fair Employment Practices (TGFEP) should be investigated and can have enforcement actions taken against them, he said.

BILL PUTS LOCALS FIRST​


Foreigners are “critical complementary components” in many sectors of Singapore’s economy, and Mr Singh said the Bill correctly offers wide and significant protections to them, but is clear that employers should aim to recruit locals first.

“This must be so,” he said.

“Otherwise, how do we build and sustain a united people and nation heavily reliant on immigration, which is a fault line in many parts of the world?

“How do we convince Singaporeans that their national service commitments are not in vain? How do we convince them that the state will always have their backs?”

Mr Singh said employers should not see this legislation as just an administrative process, or even as a burden.

“It is far more important than that,” he said. “I would even go so far as to say that it is a critical piece of legislation with a view towards nation-building in the years to come, where many of our challenges will be domestic.”

23:21 Min

The Workplace Fairness Bill marks a "major philosophical shift" in the PAP Government’s thinking on workplace discrimination, said Leader of the Opposition Pritam Singh. He pointed out that this has taken too long but late though it is, "the change is for the better". Speaking in Parliament on Tuesday (Jan 7), Mr Singh said the Bill sends a fundamental and powerful message and speaks of how the state deals with where Singaporeans stand at the workplaces in their own country. Mr Singh, who told the House that the Workers’ Party supports the Bill, said it is also significant in how it seeks to achieve certain important goals and to balance the relationship between workers and employers. It covers discrimination not just with respect to hiring decisions, but to employment decisions such as performance, appraisals, promotions, opportunities and dismissals, he added. Mr Singh noted that the Bill does not cover indirect discrimination, as the Tripartite Committee opined that it would impose very wide legal obligations on employers, resulting in uncertainty for employers and employees. There was also concern about an overly legalistic relationship between employer and employee. Mr Singh noted that while this perspective is not completely without merit, it must be remembered there could be some cases of employment decisions that arise out of norms, culture or processes that are nonetheless discriminatory. “This would be one area to monitor closely, going forward, to better support workers who are commonly in a more inferior bargaining position compared to their bosses and employers who exert significant control over them,” he said. To complement the Bill, it would be critical for the Tripartite Alliance for Fair and Progressive Employment Practices to list examples of such indirect discrimination and profile publicly, he added. Mr Singh said the Bill is “not just a piece of manpower legislation” but also a social legislation. He stressed the need to promote greater professionalism and mutual respect at the workplace through open conversations.


Mr Singh pointed out that WP has called for legislation against workplace discrimination since at least 2020 and said the Ministry of Manpower appeared to be against it as recently as 2018.

“The Bill before this House today marks a major philosophical shift in the (People’s Action Party) government’s thinking on workplace discrimination,” he said. Some Singaporeans may feel the government took too long to make this shift, he added.

“Late though it is, the change is for the better, and the Workers’ Party will support this Bill,” he said.

HELP FOR SMALL COMPANIES TO COMPLY​


To help firms ease into the new requirements, small firms with fewer than 25 employees will be given more time to build up their capabilities before they need to comply with them. This will be reviewed five years after the law is implemented.

Mr Singh said he hoped smaller companies will be given support so that all workers can more quickly be protected by the law.

He said that between 2018 and 2022, 35 per cent of workplace discrimination complaints came from workers in firms with headcounts that were under 25.

“I hope more resources can be placed at the feet of these smaller companies to help them come up to speed with the requirements of this legislation by way of regular updates from TAFEP, so that all workers can be covered by this anti-discrimination law in good time,” said Mr Singh.

All firms including smaller ones will still have to comply with the existing TGFEP, which is administered by TAFEP.

Some MPs highlighted the costs that businesses will have to incur to comply with the new regulations. Mr Edward Chia (PAP-Holland-Bukit Timah) said that smaller enterprises often lack a full range of human resources capabilities due to resource limitations, asking for help from the government to support and reward progressive HR practices.

CALLS FOR REASONABLE ACCOMMODATION


MPs on both sides of the House highlighted that the Bill does not mandate reasonable accommodation for those with disabilities (PWDs).

Reasonable accommodation refers to necessary and appropriate modifications or adjustments provided to people with disabilities at all stages of employment. For example, an employer may provide ramps for wheelchair users or assistive technologies such as screen readers for the visually impaired.

“Disability advocates have highlighted that reasonable accommodations are by far their number one hurdle when it comes to employment,” said Ms He.

She said they are “essential” to people with disabilities participating in the workforce, but noted that tripartite partners in Singapore are only working on coming up with an advisory.

Ms Phua also said that an advisory is a good start but lacks enforceability.

“Mandatory accommodations will support even more PWDs to contribute meaningfully to the workforce,” she said.

If immediate legislation for reasonable accommodations is not feasible, a clear road map aiming for full implementation by 2030 should be established, she said.

14:16 Min

The Workplace Fairness Bill is a significant milestone in promoting fairness and inclusivity in Singapore's employment landscape, said MP Denise Phua in Parliament on Tuesday (Jan 7). Drawing focus to the impact of the Bill on persons with disabilities (PWDs), she put up three proposals for the Bill to broaden the definition of disability, mandate reasonable accommodations and develop a roadmap to legislate reasonable accommodations by 2030. She highlighted that the Bill is a “necessary step forward” in protecting workers against discrimination and that reasonable accommodations must eventually be legislated to make a real difference for PWDs.


Nominated MP Ong Hua Han, who has brittle bone disease and uses a wheelchair, said that in order for the advisory to be effective, it needs to emphasise that reasonable accommodations are a “necessity, not a good to have”.

Just as having a table or a computer is needed for work, PWDs also need accommodations – only that they are tailored to specific needs, said Mr Ong.

Dr Tan has said that MOM is working on a tripartite advisory for reasonable accommodations to raise awareness and provide practical guidance to employers.

He emphasised that workplace fairness legislation is not a “panacea”, but an “additional layer of protection” against frequently encountered forms of workplace discrimination.

“It is a measured approach that seeks to preserve our current workplace norms, and guard against divisions in our workplaces and society,” he said.

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