The Tripartite Committee also recommended that the workplace fairness law prohibit the use of words or phrases in job advertisements that indicate a preference, based on the protected characteristics.
For example, a job advertisement should include requirements for proficiency in a language rather than a preference for a certain race.
EXEMPTIONS FOR SMALLER FIRMS, RELIGIOUS ORGANISATIONS
Companies with fewer than 25 employees should be exempted from the legislation for five years, the committee said.
This is to give smaller firms time to understand the law and implement the requirements.
“Micro- and small employers like neighborhood shops, start-ups and so on may not have the manpower and resources to put in place formal policies and processes to comply with the legislation,” Dr Yap said.
Employees can still file complaints based on TAFEP guidelines, before the law takes effect for these smaller companies.
And the legislation will still cover 75 per cent of all employees, said the committee.
Religious organisations should also be allowed to consider religion as a job requirement, while religion-affiliated organisations such as charities, hospitals and schools should only take religion into account for specific roles, the committee said.
Additionally, if there is a genuine and reasonable requirement to consider a protected characteristic when making an employment decision, employers should be allowed to do so.
For example, a wellness establishment may require its therapists to be female to give massages and spa treatments to female customers.
The committee also recommended that the law allow employers to favour persons with disabilities and seniors aged 55 and above, as long as they meet baseline job requirements.
This means allowing employers to hire people from those groups, even if there are other equally or more qualified candidates.
Inclusive policies such as expanding recruitment efforts to attract more female candidates should be acceptable as well, the committee said, as long as job seekers and employees are treated fairly and objectively.
FOCUS ON MEDIATION
Even after the law is formalised, most disputes are expected to be settled through mediation at the Tripartite Alliance for Dispute Management, to “preserve workplace harmony and a non-litigious workplace culture”, said the Tripartite Committee.
“In addition, seeking an amicable settlement supports the preservation of the employment relationship in cases where it is still practicable,” it added.
Mediation is fast and cheap, and 80 per cent of claims have been settled through this dispute resolution process, said the committee.