Building a Fairer and More Harmonious Working Environment: Singapore’s Workplace Fairness Bill in Focus

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In this Explainer, find out...

What are the driving factors for the Workplace Fairness Bill’s implementation?
How does the Workplace Fairness Bill address workplace discrimination?
What are the potential benefits and challenges of implementing the Bill for both employers and employees?

Introduction

Workplace discrimination creates challenges, not only for those directly affected, but also for Singapore’s broader work culture and economic competitiveness. While the Government has implemented measures to promote fair employment practices, various forms of discrimination — based on gender, race, age, disability, or sexual orientation — continue to persist in many sectors.

This Policy Explainer examines the Workplace Fairness Act’s first bill to outline new measures introduced by the Ministry of Manpower (MOM) to protect workers from discrimination and ensure a level playing field for all workers in Singapore. This bill was passed on 8th January 2025.

Comprised of two bills, the Workplace Fairness Act’s second bill has not yet been tabled. It will pertain specifically to how private employment claims can be made for workplace discrimination. To give employers time to prepare, both bills of the Workplace Fairness Act are expected to take effect sometime in 2026 or 2027.

Workplace Discrimination In Singapore

The Workplace Fairness Bill complements past initiatives by the Government in combating workplace discrimination. In 2006, the Tripartite Alliance for Fair and Progressive Employment Practices or TAFEP was set up by the Tripartite Partners (The Ministry of Manpower, the National Trades Union Congress, and Singapore National Employers Federation) to promote fair, responsible and progressive employment practices.

TAFEP provides tools and resources to help employers make fair employment decisions. They also provide an avenue for employees to seek assistance regarding workplace discrimination. One of TAFEP’s initiatives is the The Tripartite Guidelines on Fair Employment Practices (TGFEP) which provides a set of guidelines for adopting fair and merit-based employment practices which all employers are expected to abide by. According to the guidelines, employers must recruit and select employees on the basis of their capabilities rather than individual characteristics of age, race, gender, religion or disabilities.

Supporting the TGFEP, MOM announced the Fair Consideration Framework in August 2014. It requires all employers to consider Singaporeans fairly based on their merit before hiring foreign Employment Pass (EP) holders. This includes a requirement for firms to advertise job vacancies for at least 14 calendar days before making EP applications.

Existing measures have contributed to building a fairer working culture in Singapore. In 2023, MOM found that 6.0 per cent of employees experienced discrimination at work, lower than the percentage in 2022 (8.2 per cent), 2021 (8.5 per cent) and 2018 (24.1 per cent). The proportion of job seekers who faced discrimination in 2023 (23.4 per cent) was also lower than the previous years such as 23.8 per cent in 2022.

Nonetheless, incidents of workplace discrimination still persist. According to a 2022 study by AWARE, one in two respondents experienced workplace discrimination in Singapore over the past five years. Race, age and gender discrimination were the most common forms of discrimination. Apprehension to seek help amongst employees facing discrimination was also highlighted as an issue. According to MOM’s 2023 survey, fewer resident employees (29.3 per cent) of those who faced discrimination at work sought help in 2023, compared with 35.3 per cent in 2022. In response to these persistent issues, the landmark Workplace Fairness Bill was introduced.

Figure 1: 2022 study by AWARE indicating one in two workers experienced discrimination

Singapore's Workplace Fairness Bill

Key Objectives of the Bill

The Bill seeks to strengthen protections for jobseekers and employees against discrimination by prohibiting discrimination based on a set of protected characteristics. The Bill also seeks to foster more harmonious workplaces by promoting better communication. It also promotes the amicable resolution of workplace disputes through grievance handling processes, which encourage employees to seek help in addressing workplace discrimination.

The Bill will implement enforcement measures to deal with unfair employment practices, based on their severity. It expands the Government’s ability to enforce these protections and measures, to build a more fair and harmonious working environment in Singapore.

Stronger Protections to Tackle Workplace Discriminations

The Workplace Fairness Bill prohibits adverse employment decisions (hiring, appraisal, training, promotion and dismissal) based on the protected characteristics of: age; nationality; sex; marital status, pregnancy status and caregiving responsibilities; race, religion and language ability; disability and mental health conditions.

There are, however, exceptions to these prohibitions. Employment practices that support national initiatives are permitted. For example, hiring practices that favour disabled workers will not be considered discriminatory as it complements the Government’s 2030 Enabling Masterplan.

The Bill allows employers to specify preferred traits in workers where they are required for specific job needs. For example, the hiring of only female masseuses for a female clientele, or speakers of specific languages for a job related to language interpretation or translation will not be considered discriminatory.

Religious organisations will be permitted to make employment decisions based on religion. This is aligned with the Government’s intention of respecting and preserving Singapore’s multi-racial and multi-religious traditions.

Businesses with fewer than 25 workers will be excluded for five years after the legislation comes into effect. This is in response to the Singapore National Employers Federation’s (SNEF) recommendation that more time be given for smaller companies to adapt to the Bill’s requirements.

Resolving Disputes Amicably and in a Transparent Manner

The Workplace Fairness Bill seeks to expand the recourse for workers to address incidents of workplace disputes and discrimination. Under the bill, employers are required to set up grievance-handling processes and inform employees about the procedures. Upon receiving a complaint, employers must conduct inquiries, document the process and communicate the outcome to the aggrieved employee, whose confidentiality must also be assured. The Bill will also prohibit retaliation (such as dismissals, salary deductions or harassment) against staff who report workplace discrimination.

MOM will further consider a mediation-centred approach and provide provisions for employment claims to be clarified in its second bill.

Education-first and Enforcement Approach

The Workplace Fairness Bill will be implemented in a manner aligned to MOM’s Education-first and Enforcement approach.

Education: MOM, in collaboration with TAFEP, will help both employers and workers understand their rights and obligations under the new bill. SNEF will provide guidance to companies that require help in setting up the grievance handling process. The National Trades Union Congress (NTUC) will train union leaders so that workers and employers have the same level of understanding of the new legislation.

Enforcement: The Bill expands the remit of actions available to the Government. MOM, under the bill, can use “calibrated enforcement levers” to take action against errant employers based on the severity of their breach. These enforcement actions range from directions to attend educational workshops, to financial penalties or even heavier civil penalties. Such measures complement long-standing efforts by TAFEP and the Tripartite Alliance to address workplace discrimination.

Figure 2: MOM’s Calibrated Enforcement Levers

Potential Benefits and Challenges

Implications of the Anti-discrimination Bill

The Workplace Fairness Bill represents a significant shift in Singapore's approach to workplace discrimination. The Bill's structured framework provides clear mechanisms for addressing discriminatory practices while attempting to balance various stakeholders’ needs.

A key strength of the Bill lies in its comprehensive approach to defining and addressing workplace discrimination. By explicitly defining protected characteristics and adverse employment decisions, the legislation creates clarity for both employers and employees. Making grievance handling processes compulsory also strengthens employee protections, by creating channels for addressing concerns.

However, the Bill faces several implementation challenges. While the legislation outlines key terms, some definitions may remain subject to interpretation, potentially creating uncertainty. For instance, determining what constitutes "reasonable accommodation" for workers with disabilities or "genuine business needs" may require further clarification through case law and regulatory guidance.

Impact on Employers

The Bill introduces significant changes to how organisations must manage their workforce and handle discrimination complaints. For larger corporations with established HR departments, the transition may be smoother as they likely have existing frameworks that can be adapted. However, small and medium enterprises (SMEs) may face more challenges in implementation.

Key concerns for employers include the need to develop and maintain formal grievance handling procedures. According to SNEF, this has prompted requests for additional time and support, particularly from smaller companies. This led to the five-year exclusion period for businesses with fewer than 25 workers.

Costs from compliance may increase as companies invest in:

Training programs to educate managers and staff about the new requirements;
Documentation systems to track and investigate complaints; and
Legal consultation to ensure policies align with the new legislation.

However, MOM's Education-first approach, coupled with SNEF's commitment to providing guidance, should help ease the transition. The phased implementation timeline also allows organisations to adapt their practices gradually.

Impact on Employees

The Workplace Fairness Bill introduces significant protections and mechanisms that directly affect employee wellbeing and workplace rights. The legislation strengthens employee protections in several important ways.

First, it provides clear definitions of prohibited discriminatory practices based on protected characteristics such as age, nationality and more. This clarity helps employees better understand their rights and identify potential violations.

Second, the mandatory grievance handling processes give employees formal channels for addressing workplace discrimination. The Bill's protection against retaliation is particularly significant, as fear of repercussions has historically deterred many from reporting discrimination. This is evidenced by MOM's findings that about 70 per cent of employees who experienced discrimination did not seek help.

However, employees may face certain challenges under the new framework. The effectiveness of grievance procedures will depend heavily on implementation. Employees in smaller organisations or those with less robust HR systems may find it more difficult to access these protections effectively. Additionally, power imbalances in the workplace may still discourage some workers from using these mechanisms, despite legal protections.

For vulnerable groups such as older workers, women, and migrant labourers, the Bill's impact may be particularly significant. These groups have historically faced higher rates of workplace discrimination. The Bill's specific protections regarding age, nationality, and gender could help address systemic barriers these groups encounter.

The Bill's mediation-centered approach to resolving disputes, while potentially less confrontational, may require employees to develop new skills in advocacy and communication. Thus, support from unions and worker advocacy groups will be crucial in helping employees navigate these processes effectively.

Broader Implications for Society

The Workplace Fairness Bill also has the potential to catalyse significant social change beyond its immediate legal impact.

First, it could strengthen Singapore's position as a talent hub by demonstrating commitment to workplace fairness. This aligns with the nation's need to maintain competitiveness while ensuring good jobs and wages for employees and job hunters amid economic headwinds and an aging population.

Second, the Bill could lead to more inclusive workplace cultures. The requirement for formal grievance procedures, combined with protection against retaliation, may encourage more open dialogue about workplace issues.

However, the exclusion of certain characteristics, such as sexual orientation, from the Workplace Fairness Bill has sparked significant public debate. Advocacy groups and members of the public have expressed concerns that the Bill, while representing progress in workplace protections, does not fully address the discrimination faced by LGBTQ+ individuals. The omission of sexual orientation as a protected category may leave these employees vulnerable to biased hiring practices, unfair treatment, and limited career advancement opportunities without legal recourse.

This has led to calls for more inclusive legislation that ensures equal protection for all workers, regardless of identity. As a result, policymakers may need to consider the broader implications of such exclusions. Such considerations include impact on workplace diversity, employee well-being, and Singapore’s reputation as an inclusive and equitable labor market.

Conclusion

The Workplace Fairness Bill represents a crucial step in Singapore's journey toward more equitable workplaces. While implementation challenges exist, particularly for smaller businesses, the Bill's balanced approach — combining clear protections with flexibility for legitimate business needs — provides a framework for positive change.

Success will require sustained commitment from all stakeholders: government agencies providing guidance and enforcement, employers investing in compliance and cultural change, and employees engaging constructively with new grievance mechanisms. The Bill's effectiveness will ultimately be measured by its ability to reduce workplace discrimination while maintaining Singapore's economic dynamism and social harmony.

Moving forward, regular review and refinement of the legislation, based on implementation experience and evolving workplace dynamics, will be essential to ensure it continues to meet its objectives of creating fairer and more harmonious workplaces for all.

This Policy Explainer was written by members of MAJU. MAJU is a ground-up, fully youth-led organisation dedicated to empowering Singaporean youths in policy discourse and co-creation.

By promoting constructive dialogue and serving as a bridge between youths and the Government, we hope to drive the keMAJUan (progress!) of Singapore.

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