The government will step up education and outreach efforts in the meantime, said Manpower Minister Tan See Leng

[SINGAPORE] The Republic aims to implement its new workplace fairness law in end-2027, to give stakeholders “ample” preparation time, said Minister for Manpower Tan See Leng in Parliament on Tuesday (Nov 4).

The Workplace Fairness Act (WFA) had originally been expected to take effect in 2026 or 2027. The timeline is being adjusted after the Ministry of Manpower (MOM) received feedback from stakeholders, said Dr Tan.

Employers need to review human resources processes, while workers need to understand their protections and what constitutes a legitimate discrimination claim, he added.

Time is also needed to ensure mediators are well-trained for workplace discrimination cases.

“As such, we currently target to implement the Act in end-2027, but will continue to monitor readiness of all parties, and adjust this timeline as necessary,” said Dr Tan, opening the debate on the Workplace Fairness (Dispute Resolution) Bill.

This is the second of two Bills for the WFA, which strengthens protections for jobseekers and employees against common forms of workplace discrimination.

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The Act covers more than 95 per cent of the complaints received by the Tripartite Alliance for Fair and Progressive Employment Practices (Tafep).

The first Bill – passed in Parliament this January – covered the substantive rights and obligations under the WFA, while the second Bill pertains to how individuals can make private claims.

Under the dispute resolution process set out in the second Bill, parties are encouraged to resolve disputes among themselves through the employer’s internal grievance handling process.

If this fails, mediation must be attempted before court action can be pursued.

Higher value

Dr Tan gave a recap of the features of the Bill.

To prevent workers and employers from being embroiled in litigation and facing high legal costs, workplace discrimination claims will mainly be heard at the Employment Claims Tribunals (ECT).

Established in 2017, the ECT has simplified rules and procedures, and does not allow for legal representation.

Currently, it can hear employment claims up to a value of S$30,000. To allow the ECT to hear the majority of workplace discrimination claims, its monetary jurisdiction will be expanded so it can hear such claims up to and including S$250,000.

Said Dr Tan: “The higher limit ensures that the majority of workers, including professionals, managers, and executives who earn higher salaries, can access the ECT’s more affordable and expeditious process for workplace discrimination claims.”

He added all workplace discrimination claims – whether in the ECT or the High Court – will be heard in private, “given the inherently sensitive nature of workplace discrimination disputes”.

There are specific time bars within which individuals must initiate claims, varying typically from one to 12 months.

This encourages them to come forward earlier “before the evidence degrades”, and gives employers “some certainty that incidents from the past will not be dredged up years later”.

At meditation sessions and ECT hearings, unions can represent unionised companies for claims between S$30,000 and S$250,000, as well as workers who are unionised.

There are also safeguards to avoid frivolous claims, with employers able to apply to strike these out.

MOM will work with tripartite partners on how to avoid the risk of claim amounts not being pegged appropriately, added Dr Tan.

Uplifting the capabilities of mediators

MOM has started upskilling mediators at the Tripartite Alliance for Dispute Management (TADM), noted Dr Tan.

This will ensure that they have the skills to mediate disputes “fairly and professionally” when the law takes effect.

Mediators will undergo customised training programmes on various approaches to handle complex disputes, as well as inclusivity and sensitivity training so they can better serve a range of individuals – such as those with disabilities or mental health conditions.

TADM mediators can handle claims up to S$30,000. For higher-value claims, other mediation service providers such as the Singapore Mediation Centre will be appointed.

These mediators will need to meet more stringent requirements, such as having legal qualifications or relevant experience.

Ramping up education and outreach

To support stakeholders in understanding and implementing the new law, the government will step up education and outreach efforts in the meantime, Dr Tan said.

To educate employers, Tafep is working with partners such as the Singapore National Employers Federation; the Institute for Human Resource Professionals; the Singapore Human Resources Institute; as well as trade associations and chambers.

Tafep is designing step-by-step guides and templates for small and medium-sized enterprises. A handbook will also be developed on the legal provisions and key principles behind the law.