Workplace Fairness Bill passed in Singapore's Parliament

This Bill is the first of two Bills, and will cover the substantive rights and obligations under the WFL. It has been introduced early so that employers have more time to prepare themselves for the new law.

The Workplace Fairness Bill, aimed at building fairer and more inclusive workplaces in Singapore, has been passed in Parliament as of 8 January 2025.

This first iteration of the Bill is going to cover five protected characteristics of workers from discrimination and inequitable treatment:

• Age
• Nationality
• Sex, marital status, pregnancy status, caregiving responsibilities
• Race, religion and language
• Disability and mental health conditions

Below are the most critical talkpoints raised by Minister for Manpower Dr Tan See Leng on the objectives and thought process behind the Bill:

• First, it strengthens protections for jobseekers and employees against discrimination, while retaining flexibility for employers.
  • The Bill will start out with five categories of protected characteristics, as detailed above.
  • For persons with disabilities, MOM is working on a Tripartite Advisory for Reasonable Accommodations to raise awareness and provide practical guidance to employers.
  • For persons with mental health conditions, he said an evidence-based approach will be taken towards mental health issues at the workplace, rather than perpetuating stigmas that limit the potential contributions of affected individuals.
  • He made a point of sharing that Singapore's laws are not overly prescriptive – this, he noted, is to avoid undermining labour market flexibility and inhibiting the ability to leverage the country's long-standing model of labour relations to manage such complex issues.
  • He stated: "So, we have designed this Bill knowing it cannot be the only tool to tackle all forms of workplace discrimination."
• Second, provision of grievance handling processes to promote better communication and amicable resolution of issues.
  • The Bill, he said, focuses on ensuring that employers have a grievance handling process in place, while refraining from being overly prescriptive on the detailed requirements.
  • At the same time, being aware that formal processes alone may not be sufficient, the Minister said the Bill provides better assurance, by prohibiting employers from retaliating against those that file complaints and claims.
  • The grievance handling processes required under this Bill can also be used by victims of workplace harassment, to surface their cases to employers for resolution.
  • In cases where the employer and employee are unable to settle their differences within the firm itself, the employee can decide if they wish to make a private employment claim under the Bill. Minister Tan said a second Bill will be introduced later to provide this option for claimants.
  • Thus, he affirmed that this Bill is only the first of two Bills, and will cover the substantive rights and obligations under the WFL. It has been introduced early so that employers have more time to prepare themselves for the new law.
  • He added on the timeline of the next update and implementation: "The second Bill will pertain more specifically to how private employment claims can be made for workplace discrimination. It will take us some time to work through the details, which are complex and novel, on how such claims are adjudicated. If both Bills are passed, we intend to implement the WFL sometime in 2026 or 2027."
• Third, complementing the government's education-first approach with calibrated levers to deal with the small number of bad employers who persist in egregious discrimination.
  • On the education and capability building front, he stated TAFEP is working closely with partners like SNEF, the Institute for Human Resource Professionals (IHRP), Singapore Human Resources Institute, and the Association of Small and Medium Enterprises.
  • MOM will continue to support firms on this journey by helping employers that may be in breach of the WFL to understand their obligations and rectify the breach.
  • Recognising that small firms may have limited capabilities and resources, and that this can make full compliance from day one difficult, he cited that the Bill exempts firms with fewer than 25 employees. He affirmed that this will be reviewed in five years after the law is implemented.
  • For the small number of errant employers that blatantly flout the rules, the Bill empowers the Government to take enforcement action based on the severity of the breach.

In a Facebook post crediting all involved parties for this historic development, Dr Tan shared: "Workplace discrimination is a complex issue, and it has been an immense endeavour to develop this legislation. We have taken a surefooted and prudent approach to achieve the intended outcomes of strengthening protections for workers while preserving our current workplace norms and guarding against divisions in our workplaces and society."

Further, in his round-up speech, the Minister said: "I thank members and the various stakeholders who took the time and effort to contribute to our engagements – employers, HR professionals, non-governmental organisations, legal practitioners and members of the public. Please bear with us if we could not take your suggestions onboard at this point in time. I seek your patience and understanding that we will take time to further build this regime."

Both the National Trades Union Congress (NTUC) and Singapore National Employers Federation (SNEF) have come out in support of the Bill.

Image / Dr Tan See Leng's Facebook