Fair employment practices form the backbone of a trustworthy and productive workplace. In Singapore, these standards are not only moral expectations but also legal requirements. With the Workplace Fairness Act (WFA) set to take full effect in the latter half of 2025, employers need to ensure their policies and actions align with both the Tripartite Guidelines on Fair Employment Practices (TGFEP) and the new legislation.
Understanding the Foundation of Fair Employment
The TGFEP provides the framework for fair treatment across all stages of employment. These principles are the baseline expectations for employers in Singapore:
- Recruitment based on merit: Focus solely on skills, qualifications, and the ability to perform the job, without bias toward personal attributes such as age, race, gender, religion, marital status, family responsibilities, or disability.
- Respect in the workplace: Maintain a respectful environment supported by progressive human resource systems.
- Equal access to development: Offer training and growth opportunities based on employee strengths and career needs.
- Fair rewards: Structure compensation according to ability, performance, contribution, and relevant experience.
- Compliance with laws: Follow all employment-related legislation in tandem with the TGFEP.
The Workplace Fairness Act: Legal Accountability for Fair Practices
The WFA transforms many existing guidelines into binding obligations. It explicitly prohibits discrimination based on protected characteristics, including:
- Age
- Nationality
- Sex, marital status, pregnancy, and caregiving responsibilities
- Race, religion, and language ability
- Disability and mental health condition
These protections apply to all employment stages, from hiring to termination. Employers are also barred from retaliating against employees who report discrimination or harassment.
There are limited exemptions. Religious organizations may base certain employment decisions on faith requirements. Employers may prefer older individuals or persons with disabilities where relevant. If a protected characteristic is a genuine and reasonable job requirement, it may also be considered.
TAFEP’s Role in Promoting and Enforcing Compliance
The Tripartite Alliance for Fair and Progressive Employment Practices (TAFEP) serves as the primary authority for promoting fair employment. Under the WFA, TAFEP investigates discrimination complaints and can refer cases to the Ministry of Manpower (MOM) for enforcement. Potential penalties include suspension of work pass privileges for non-compliant employers. TAFEP also provides training resources, policy guidance, and e-learning courses to assist companies in adopting compliant practices.
Common Pitfalls That Lead to Non-Compliance
Employers risk serious consequences when policies or actions directly or indirectly discriminate. Examples include:
- Discriminatory job advertisements: Stating preferences like “young and energetic” without valid justification or setting arbitrary age limits for roles not requiring them.
- Withdrawing offers based on pregnancy: Rescinding an offer for a role that does not involve physical demands because a candidate is pregnant constitutes unlawful discrimination.
- Unfair workplace policies: Enforcing policies that disadvantage certain groups or applying biased performance appraisal criteria.
- Evidence-based discrimination: Cases where internal communication reveals age, race, or gender as factors in dismissal decisions.
Best Practices for Staying Compliant
A structured approach to fair employment begins with consistent processes and transparent decision-making.
1. Fair Recruitment and Hiring
- Craft inclusive job descriptions that highlight essential skills and qualifications without language that could suggest bias.
- Use standard interview questions for all applicants to allow fair comparison.
- Base selections on merit, evaluating candidates solely on their ability to meet role requirements.
- Review application forms to remove requests for personal details unrelated to job performance.
2. Equal Treatment and Opportunities
- Implement objective performance evaluations with measurable, transparent criteria.
- Make promotions and training opportunities transparent by informing all eligible employees and using defined selection standards.
- Set compensation based on measurable factors such as skill level, scope of responsibility, and work output.
3. Grievance Handling Process
A clear grievance process is mandatory under the WFA. Key elements include:
- Defined steps for lodging complaints with clear reporting channels and timelines for response.
- Confidentiality and fairness for all parties involved in the complaint.
- Trained HR and supervisory staff who can manage disputes effectively.
- Internal communication so all employees understand how to raise and resolve issues.
Integrating Compliance into Workplace Culture
Compliance should not be limited to policies on paper. It must be embedded in the culture of the organization. This requires:
- Regular training for management and staff on fair employment practices.
- Monitoring recruitment, appraisal, and promotion processes for potential bias.
- Encouraging open communication and feedback without fear of retaliation.
- Maintaining accurate documentation of employment decisions to support transparency.
By aligning with the TGFEP and meeting the legal requirements of the WFA, companies can foster a respectful, inclusive, and compliant workplace that attracts and retains skilled talent while avoiding penalties.