In 2021, the Singapore government started an important process towards enshrining the Tripartite Guidelines on Fair Employment Practices ("TGFEP") into law. Consequently, the Tripartite Committee on Workplace Fairness (the "Committee") was formed to study policy options towards strengthening workplace fairness.

In February 2023, the Committee, in consultation with several stakeholders, published an Interim Report, which included 20 recommendations to take into account when drafting the WFL. The report underlined the importance of introducing legislation to complement the TGFEP and strengthen the workplace fairness framework.

The Committee’s Final Report includes social partners’ feedback, translating into several modifications and two additional recommendations.

Amongst the final 22 recommendations, the most relevant to employers include: 

• Strengthen protection against workplace discrimination by broadening the definition of discrimination, including direct and indirect discrimination.
• Prohibit workplace discrimination in respect of protected characteristics including age, nationality, sex, race, and disability. These cover 95% of reported discrimination complaints.
• Cover all stages of employment, including recruitment and dismissal stages.
• Allow employers to consider a protected characteristic in employment decisions if it is a genuine and reasonable job requirement.
• Exempt small firms (<25 employees) from the legislation for a start (to be reviewed in five years).
• Support employers in hiring persons with disabilities and seniors (≥55 years), and issue a Tripartite Advisory on providing reasonable accommodations to persons with disabilities.
• Require employers to put in place grievance handling processes and to protect the confidentiality of reporters of discrimination.
• Safeguard against frivolous or vexatious claims, which protects employers of persistent unevidenced claims.
• Different enforcement actions against workplace fairness breaches applicable to the firm and/or the person responsible for the discriminatory decisions.

The government accepted the 22 final recommendations for the WFL in August 2023 and aims to strengthen protection against workplace discrimination.

The Minister for Manpower, Dr Tan See Leng, said: "The Workplace Fairness legislation marks a significant step in Singapore employment law, and it will be scoped to achieve three wins: preserve harmonious workplaces, better protect workers, and support business growth in Singapore." 

The Singapore National Employers Federation (SNEF), as a member of the Tripartite Committee on Workplace Fairness, supports the proposals, ensuring the recommendations are practical and balanced. Dr. Robert Yap, President of the Singapore National Employers Federation (SNEF), offered SNEF’s commitment to support employers, and assured that most employers will meet the requirements when the WFL comes into force. To achieve this, SNEF has been helping employers to uphold workplace fairness, through conducting briefings, clinics, and workshops to prepare member companies implement fair and responsible employment practices.