Keep workplace fairness law tight, tripartite committee says in response to feedback on expanding scope

SINGAPORE: After receiving input on expanding the list of protected features, the Tripartite Committee on Workplace Fairness recommended that the proposed law against working bias be” strongly scoped” for a start.

One of the suggested protected features that was announced in February was age and culture. Some suggested that intimate orientation, gender identity, criminal record, and other features should also be protected during open sessions.

Fundamental societal norms must be taken into account, Manpower Minister Tan See Leng stated at a press conference on Friday( August 4 ).

He emphasized that approximately 95 % of discrimination complaints are related to the protected groups, which include:

  1. Age
  2. Nationality
  3. Sexual orientation, marital status, conception, and parental obligations
  4. Language, faith, and civilization
  5. conditions of illness and mental wellbeing

    Even if they are not specifically mentioned in the legislation, workers are still protected from all types of workplace discrimination by the Tripartite Alliance for Fair and Progressive Employment Practices( TAFEP ), according to the report.

    The committee advised keeping the legislation’s scope strongly defined in order to safeguard against the more widespread and well-known forms of discrimination, which support our main social and economic targets.

    The Tripartite Committee’s last report contains 22 tips, away from 20 in the interim report, after taking open input into consideration.

    According to a joint press release from the Ministry of Manpower ( MOM ), National Trades Union Congress( NTUC ), and Singapore National Employers Federation( SNEF ), the government accepted all recommendations.

    According to Dr. Tan, this is a significant turning point in our efforts to create an environment that is fairer and more pleasant at work, and it will serve as strong evidence that workplace discrimination is unacceptable in Singapore.

    The Tripartite Committee, which was established in July 2021, is presided over by Dr. Tan, NTUC secretary-general & nbsp, Ng Chee Meng, and SNEF president Robert Yap.

    Since there are exclusions for businesses with fewer than 25 people, the proposed law does protect 75 % of all people. According to the report, mandatory counseling will be the first step in resolving issues, and judgment at the Employment Claims Tribunal will serve as the” last resort.”

    Employers may want no law, according to Dr. Robert Yap, because it adds rigidity and may impede business expansion.

    To stop work bias in its tracks, he said,” but we understand that appropriate action must be taken against accidental employers.”

    According to Mr. Ng, the policy serves as a deterrent against unethical behavior, making it an essential first step toward an equitable work.

    The work is good, so hopefully over the next five to ten years, people won’t be overly familiar with the specifics of the law.

    ” We may not have that amicable a workplace if we have to use legislation to enforce ,” he said.

    ADDITIONAL Precision IN Meanings

    The committee suggested definitions for illness, mental health conditions, maternity, and caregiving responsibilities in response to requests for more clarity on the terms of protected characteristics.

    The Enabling Masterplan in Singapore will be used to define impairment.

    It will include people with autism as well as those who suffer from academic, actual, or visual impairments that significantly affect their ability to perform day-to-day tasks.

    Major types of diagnosed mental problems, typically accompanied by distress or impairment in crucial functions, are referred to as mental health conditions.

    The law does protect women who are pregnant, taking legal maternity leave, or nursing.

    Those who declare that they intend to include kids will also be safeguarded. For instance, it might be viewed as favoritism if an individual is excluded from a talent development program because she intends to get married quickly.

    Anyone who takes care of a family member in want, regardless of whether they reside in individual communities, is referred to as having caring responsibilities.

    Collateral DISCRIMINATION AND Abuse

    The report of the bilateral committee noted that there are already legal protections in place in relation to recommendations to contain workplace abuse in the legislation. Authorities you file a report on victims.

    Harassment victims may seek guidance from TAFEP, which may request that the employer conduct an appropriate, impartial investigation. & nbsp,

    Additionally, direct discrimination will not be outlawed by the law because it harms those who have protected characteristics when the policy appears to be negative.

    For instance, even though all employees may be required to take a pre-employment exam, older workers typically don’t do well on it. This could be considered discriminatory in an indirect way.

    According to the report, such gray situations could be generally litigated and cause significant uncertainty for both employers and employees if indirect discrimination were included in the law.

    Such cases may be taken up by TAFEP, who will work to find a solution.