Workplace Fairness Bill passes in Parliament; NTUC supports the new law

NTUC supports the Workplace Fairness Bill passed in Parliament on 8 January 2025.

NTUC said it believes the Bill will strengthen workplace discrimination protections, help level the playing field and provide fair job opportunities for workers.

Workers must be treated fairly based on their merit, and any form of discrimination against workers should not be tolerated, said NTUC Secretary-General Ng Chee Meng.

He added: “Over the years, NTUC has pushed for stronger protection to tackle workplace discrimination, including age, sex and a level playing field for Professionals, Managers, and Executives [PMEs].”

The Workplace Fairness Bill was first tabled in Parliament in November 2024.

NTUC also said it would continue working on upstream interventions to promote mindset change and tackle unfair practices holistically, in addition to the legislation.

“NTUC and our unions have been working closely with HR professionals and management to flag out potentially unfair practices and mindsets upstream and proactively address discrimination risks.

“NTUC is also working together with SNEF [Singapore National Employers Federation] to uplift HR standards, and we are aiming to double the number of certified HR professionals to 12,000 by 2025,” it added.

Workplace Fairness Legislation is not a cure for all

At the second reading of the Workplace Fairness Bill, Manpower Minister Tan See Leng said that while there is the Tripartite Guidelines on Fair Employment Practices (TGFEP) through the Tripartite Alliance for Fair and Progressive Employment Practices (TAFEP) to address workplace discrimination complaints, Singapore is contending with an ageing population and economic headwinds.

Dr Tan added that there has been progress in tackling workplace discrimination, but Singapore must not take the “generally harmonious and fair workplace conditions 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.

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

Dr Tan warned that the legislation is not a simple remedy. Instead, he called it an additional layer of protection that allows authorities to take action against the more common forms of workplace discrimination.

He added: “It is a measured approach that seeks to preserve our current workplace norms and guard against divisions in our workplaces and society.”

Dr Tan also explained why the Bill does not cover more or all characteristics or indirect discriminations.

He said that, like other jurisdictions, such as Australia and Hong Kong, which have their own list of protected characteristics, Singapore has decided on its own bespoke set to address changing demographics and reaffirm racial and religious harmony.

Discrimination can also happen in many ways as it is a complex topic, Dr Tan added.

“For instance, indirect discrimination is when an employer takes an apparently neutral action that disadvantages people with a protected characteristic in practice. It can impose very wide legal obligations that create uncertainty and litigiousness for both employers and employees,” he explained.

He said that while the Bill starts on a more scoped and surer footing, the Government is open to future updates to the list of protected characteristics.

Shifting his focus to address workers, Dr Tan said that the Ministry of Manpower and TAFEP would support them if they faced workplace discrimination, and that the TGFEP would continue to cover all other forms of workplace discrimination.

He added that the TGFEP will be updated to ensure alignment with the implementation of the Workplace Fairness Legislation.

Legislation answers NTUC’s calls

Several Labour MPs spoke during the debate of the Workplace Fairness Bill over two days.

NTUC Assistant Secretary-General and MP for Pioneer SMC Patrick Tay, a member of the Tripartite Committee on Workplace Fairness, believes the Bill answers the Labour Movement’s consistent calls to ensure fair access to good opportunities for workers.

“Our unions will now be able to better protect our members through the expanded suite of individual remedies and calibrated penalties for discriminatory employment practices,” he added.

As the Government has exempted smaller companies that employ less than 25 employees from the Bill for the first five years after the legislation is enforced to give them time to prepare and comply, Mr Tay said that smaller companies should not be exonerated from their responsibilities indefinitely.

“SMEs, like larger companies, have an equal responsibility to foster a fair and inclusive workplace for their workers,” he added.

He called for the workplace fairness law to be reviewed regularly considering possible societal and social norms changes, both in and outside the workplace.

“The Labour Movement will continue to listen closely to workers’ feedback, and lobby for further changes to the workplace fairness legislation, even after it is implemented, to cater to the needs, expectations, and conditions of workers and the world of work,” he added.

Mr Tay also asked for the Government to amend the Industrial Relations Act so that unions can provide limited representation for PMEs regarding disputes under the Bill.

Under the Industrial Relations Act, rank-and-file unions can represent PMEs individually in matters involving retrenchment benefits, dismissal, breach of contract, victimisation and re-employment.

Mr Tay added that NTUC and its unions will continue to do their part to ensure that workers are protected and have fair opportunities at work to fulfil their potential.

Legal protections against ageism

NTUC Deputy Secretary-General and MP for Jalan Besar GRC Heng Chee How said the Bill marks a significant step in the fight against workplace ageism.

“This legislative clarity sends a clear message that age discrimination will not be tolerated and that every worker, regardless of age, deserves equitable opportunities in the workplace.

“The Workplace Fairness Legislation, together with other age-friendly laws such as the Retirement and Re-employment Act, will further strengthen the advocacy and realisation of equitable protection of the rights of older workers vis-a-vis their younger counterparts,” he added.

While legal protections are essential, Mr Heng said that they are insufficient to eliminate ageism.

He called on companies to adopt age-friendly practices to promote inclusion and equal opportunities for workers of all ages, citing examples such as flexible work arrangements and job redesign to accommodate older workers.

“Through various Government schemes and tripartite initiatives, such as the NTUC Company Training Committee (CTC) and various job redesign grants, employers can work together with unions to create age-friendly workplaces, and businesses can ensure that their multi-generational workforce remains competitive and well-equipped to meet the challenges of the future,” he said.

Protecting workers with mental health conditions

NTUC Assistant Secretary-General and MP for Radin Mas SMC Melvin Yong spoke on the importance of protecting workers with mental health conditions.

He said that many workers are afraid of speaking up or seeking help for their mental health conditions for fear of adverse reactions from others and employers.

While he called the Workplace Fairness Legislation timely to protect this group of workers, he called on the Government to expand the definitions of mental health conditions to those who see or are treated by a psychiatrist.

Mr Yong said: “There is a wide array of mental health conditions, with a range of treatment options depending on how early someone seeks assistance. Beyond the clinical environment of seeing a psychiatrist, some workers with milder mental health issues would benefit greatly from seeing a therapist or a psychologist.”

Like Mr Tay, Mr Yong also highlighted the importance of ensuring that workers working in small businesses do not fall through the cracks during the five-year transition period.

NTUC’s longstanding advocacy for workplace fairness

NTUC Assistant Secretary-General and MP for Pasir Ris-Punggol GRC Yeo Wan Ling highlighted NTUC’s longstanding advocacy for fair workplace practices for women and caregivers.

She said the Labour Movement welcomes the legislation, which marks a significant milestone towards levelling the playing field for women and caregivers.

Ms Yeo acknowledged that while most companies in Singapore are progressive, she called on smaller companies to be given resources to implement the legislation.

Like Mr Tay and Mr Yong, Ms Yeo urged that the legislation be extended to all companies regardless of size.

She suggested that in the interim, the Government could recognise SMEs that have implemented progressive workplace fairness practices voluntarily to level the playing field for all companies and uplift the image of SMEs so that they can be equally progressive.

Catering to the needs of different workforce demographics

Food, Drinks and Allied Workers Union Executive Secretary and Labour Nominated MP Jean See said that the legislation opens doors for more persons to access work opportunities regardless of background and personal characteristics.

She added that the legislation upholds every person’s right to be treated fairly and empowers workers to seek remedial action from employers without fear of retaliation.

While the Bill leaves out what reasonable accommodation must be put in place to facilitate employment outcomes, Ms See called on the Government to expand the Bill to normalise employers making reasonable accommodations that cater to different demographics in the workforce.

“Clarity on the provision of reasonable accommodations would pave the way for more Singaporeans to be purposefully engaged in work, to develop viable careers and livelihood, and to contribute

economically to Singapore,” she said.

Ms See also urged that, as platform work arrangements are excluded from the Bill, it should be extended to cover platform workers and protect them against discrimination by platform algorithms.

"These platform workers worry that platform operators would favour workers the operators deem as more productive and thus tighten control on who is allowed to onboard the platform and to participate in platform work,” she explained.

Workplace discrimination weakens society

NTUC Director (Operations and Mobilisation Division) and MP for Marine Parade GRC Mohd Fahmi Aliman said the Bill marks a significant step towards equality and inclusivity in the workforce.

But he said that legislation cannot be the only tool to tackle discrimination, especially when it concerns issues on race and religion.

“The complexities of racial and religious issues often result in genuine grievances being overlooked or dismissed. Victims may be accused of using their race or religion as an excuse for poor performance, causing them to question their self-worth,” Mr Fahmi said.

Calling workplace discrimination a silent killer, he said that if left unaddressed, it threatens individual well-being, trust and respect.

He added that beyond the law, Singapore will require a more holistic approach to foster a safer workplace to stamp out prejudices and biases.

Mr Fahmi cited examples of a holistic approach, such as empowering employers and HR professionals with resources, providing proactive education on workplace sensitivities, and encouraging early reporting and mediation.

Workplace fairness law to be built further

In his closing address, Dr Tan acknowledged that the Government has to continue working hard to improve workplace fairness in Singapore.

“But importantly, the mindset, we have to start somewhere … I know from the speeches that we can always do a lot more. But we cannot let perfection be the enemy of progress.

“Please bear with us if we could not take all of your suggestions on board at this point,” Dr Tan said.

He reassured that the Government would take time to build further and consolidate the law.

Union members in unionised companies can approach their union representatives for help against workplace discrimination.

Union members in non-unionised companies can approach TADM@NTUC.