Workplace Fairness Bill introduced in Parliament to protect employees from discrimination

28 November 2024

Following the Singapore Government’s acceptance of the final set of recommendations by the Tripartite Committee on Workplace Fairness on Workplace Fairness Legislation, the Workplace Fairness Bill (“Bill”) was introduced in Parliament on 12 November 2024.

The Bill seeks to:

  • protect individuals from discrimination by employers on the ground of protected characteristics;
  • establish fair employment practices;
  • ensure that Singapore citizens and permanent residents are fairly considered for employment opportunities and continue to form the core of the workforce in Singapore, with foreigners as a complement; and
  • preserve harmonious workplace relations in Singapore.

For more on the final set of recommendations, please read our article “Singapore Government accepts Tripartite Committee’s final recommendations for workplace fairness legislation”

Protected characteristics

Part 3 of the Bill sets out and defines the protected characteristics under the Bill. Generally, a protected characteristic is a characteristic of an individual on the ground of which an employer cannot discriminate when making an employment decision. Clause 8 of Part 3 of the Bill provides that “protected characteristics” are age, nationality, sex, marital status, pregnancy, caregiving responsibilities, race, religion, language ability, disability, and mental health condition.

Discrimination

Part 4 defines discrimination for the purposes of the Bill. Clause 17(1) provides that it is discrimination for an employer to make an employment decision that adversely affects an individual on the ground of a protected characteristic of the individual, or on the ground of two or more reasons, one of which is a protected characteristic of the individual. However, an employment decision made only on the ground of the protected characteristic of a relative or an associate of an individual (and not the individual himself or herself) is not discrimination. For example, an employer does not discriminate against an employee if the employer dismisses the employee on the ground of the race of the employee’s husband.

Part 4 also provides for (i) discrimination by a discriminatory direction, instruction, or policy and (ii) discrimination by advertisement or description. For instance, it is discrimination when an employer issues, communicates, or publishes in writing a direction, instruction, or policy relating to employment decisions on the ground of a protected characteristic. It is also discrimination for an employer to publish in Singapore, or cause to be published in Singapore, a job advertisement or description that mentions a protected characteristic as a condition, criterion, requirement, advantage, disadvantage, or disqualification for employment.

Exceptions

Part 5 of the Bill sets out circumstances where it is not unlawful to discriminate against individuals, by direction, instruction, or policy, or by advertisement or description, on the ground of certain protected characteristics. Such circumstances include the following:

  • A protected characteristic is a genuine requirement of a job;
  • An employer decides not to hire an individual because the individual is younger than the prescribed age;
  • An employer makes an employment decision that adversely affects an individual on the ground that the individual is neither a Singapore citizen or permanent resident;
  • An employer decides not to hire an individual because the individual does not have a disability; and
  • A religious group employs, or seeks to employ, an individual for any office or employment which is connected with the affairs of the religion.

Fair employment practices

Employment decisions are covered in Part 2 of the Bill and include matters relating to hiring, performance appraisal, promotion, dismissal, and retrenchment.

Part 6 of the Bill sets out certain fair employment practices required of employers, namely, in relation to fair consideration of job applications, investigation and review of grievances, and prohibition of retaliation. For example, employers must develop a grievance‑handling process under which the employer commits, among other things, to investigating and reviewing all grievances raised by its employees. Employers are also prohibited from retaliating against an employee because the employee has, among other things, brought proceedings against the employer under the Bill or given evidence or information against the employer under the Bill.

Penalties and directions

Part 7 of the Bill provides for penalties and directions. Acts of discrimination under Part 4 and contraventions of fair employment practices under Part 6 are typically civil contraventions. There are generally three penalties that may result from a civil contravention:

  • First, an administrative financial penalty may be imposed by way of a contravention notice. A contravention notice may be enforced against an employer, with the permission of a District Court, in the same manner as a judgment of that court.
  • Second, a direction may be issued to an employer in lieu of or in addition to an administrative financial penalty. Failure to comply with such a direction, without a reasonable excuse, is an offence.
  • Third, for serious civil contraventions, the Commissioner for Workplace Fairness may, with the consent of the Public Prosecutor, bring an action in court to seek an order for a civil penalty. Such actions must be brought within six years from the date of the serious civil contravention.

Individual officers, members or partners of contravening employers who are bodies corporate, partnerships, or unincorporated associations are to be treated as having committed the contravention if the contravention is proved to have been committed with the consent or connivance of the individual.

Reference materials

The Workplace Fairness Bill is available on the Singapore Parliament website www.parliament.gov.sg.