Introduction
Mr Speaker, in modern day Singapore, while meritocracy marks our gold standards in fair rewards and recognition in the workplace, discrimination does rear its ugly head, sometimes in deliberately framed opinions, sometimes as a thoughtless offhand remarks, but always resulting in insidious, unfair and even harmful consequences in the workplace.
In the course of us going about our daily lives, we have heard and bore witness to acts or words of discrimination. Just this weekend, during my block visit in Punggol, one resident shared with me his challenges finding a job when he was retrenched. He is 62, and during a job interview, the interviewer commented that he was the same age as her father. The interview, charming as it was, did not turn out well for my resident, as there was a low-humming preconception that he was too “senior” for that position – both in age and in experience. This is a form of discrimination and one that this bill serves to address.
History of NTUC’s Advocacy for Fair Workplace Practices for Women and Caregivers
Mr Speaker, at this juncture, I would like to declare that I run the Secretariat team for our Labour Movement’s Women’s Committee and am the Director of our Women and Family unit. Our union leaders have told us that discrimination against women in the workplace circle around pregnancy, caregiving and gender role stereotypes. Hence, the Labour Movement welcomes the introduction of the Workplace Fairness Legislation (WFL) and this marks a significant milestone for Singapore and the Labour Movement towards levelling the playing field for women and caregivers. This journey has been a long and deliberate one towards this Bill, and one that has been championed by many generations of female union leaders.
As early as 2007, then NTUC Assistant Secretary-General Madam Halimah Yacob called on the Ministry of Manpower (MOM) to address discrimination against pregnant employees beyond dismissal, highlighting the need for proper HR practices and fair access to opportunities. In 2018, our President K Thanaletchimi, then-NMP, pushed for a more targeted approach to enhance the adoption of Tripartite Standards, recognising their crucial role in grievance handling and flexible work arrangements (FWAs). I, more recently in 2022 and 2024, advocated for fair employment practices for caregivers on FWAs and had asked for more support for companies to implement progressive performance appraisals.
We have made great strides in making the workplace fairer for females and caregivers. According to MOM’s Fair Employment Practices 2023 Report, the incidence of workplace discrimination based on sex and family status across all reported discrimination was just 2% for employees, and below 5% for jobseekers. However, Mr Speaker, statistically low as they seem, behind these statistics are real people with real challenges, and it is important that this Bill forms part of the larger ecosystem of protection.
Redressing discrimination is not new to the Labour Movement, and let me share a case my team at the NTUC worked on. Kelly (not her real name) is a resident of mine and an NTUC union member. Just before Kelly started on a new full-time job, she found out that she was pregnant and decided to inform her future employer. She was presented then with two options: (i) work part-time, or (ii) work full time but only for two months. To my team, this was an attempt by her future employer to avoid providing maternity benefits, though ironically, the employer seemed unaware that maternity benefits apply to part-time employees as well. Understandably, Kelly was no longer keen to join the company. As a union member, we put Kelly in touch with TADM@NTUC, and they managed to negotiate with the company to cancel her employment agreement without penalties. And with the help of the Women and Family unit, Kelly subsequently found work near Punggol, where she stays, and embarked on a fruitful career as an Educarer.
Mr Speaker, Kelly was able to seek redress and assistance as she is a union member, and the example given would highlight the importance of union membership and representation. Cases similar to Kelly’s are unfortunately not unique nor one off, and if this Bill is passed into law, it will serve as another safety net should our workers find themselves out of the union network and looking for redress. I appreciate the protected traits for sex, marital status, caregiving responsibilities and pregnancy, and the coverage of other areas such as sexual orientation and gender identity or expression through the Tripartite Guidelines for Fair Employment Practices (TGFEP). I seek clarification on the Ministry’s investigation and enforcement measures should employers run afoul of the TGFEP.
Importance of Effective Implementation
Indeed, for this legislation to truly succeed we must ensure its effective implementation. A 2022 survey by NTUC’s Women and Family unit and the PAP Women’s Wing highlighted some concerns – women perceive that they are disproportionately facing workplace discrimination and highlighted the prevalence of a lack of company know-how and policy against such workforce discrimination and harassment, particularly among companies that do not enjoy the abundance of resources and manpower. In this survey of 3,000 respondents, only 40% of women surveyed, as compared to 60% of men, were willing to report gender discrimination that they had witnessed or personally experienced, and this possibly suggests that women are less likely to report gender discrimination. In addition, the fear of retaliation and lack of clear reporting procedures were main reasons that discouraged the reporting of workplace gender discrimination. Survey results also showed that only a third of respondents say that their companies have clearly communicated a policy against workplace gender discrimination.
While companies we spoke with welcomed this Legislation, and shared that this provides a level playing field amongst companies with the same set of rules at play, many were worried about implementing this effectively. Some quoted the lack of understanding when it comes to the finer details of employment laws, and for others, the lack of resources when coming out with progressive HR policies and practices.
One recent case that my team at the NTUC U SME – the department that works with SMEs and SME workers – came across, was an aggrieved female worker who reported on an unfair clause in her employment contract. Essentially, the clause stated that the company reserves the rights to terminate a female employee should she conceive during the first six months of employment, and she must tell the company during her job interview session if she is pregnant. This is a discriminating practice, and when we spoke with the business owner about the clause, he shared that he was unaware that it was there in the first place and was sincerely aghast about the matter. He and his team are now part of the Labour Movement and are working with the NTUC on coming up with better worker outcomes.
Mr Speaker, my belief is that our Singapore businesses fundamentally are progressive companies, and with support and awareness, can be strong advocates of fair workplace practices. To this end, the NTUC has been proactive in addressing this gap for our SME workers. We have 2,000 SMEs in our Labour Movement network now, and they have committed to providing fair, progressive and safe workplaces for our workers. To promote better fairer workplaces, the NTUC together with our Tripartite partners have provided advice, templates, playbooks and training for our SME workers and business owners. Four years ago, we introduced the NTUC Better Workplace Programme, where we provide breastfeeding and wellness spaces to our partner companies. By the way, breastfeeding in the workplace is a protected characteristic of pregnancy under the proposed bill.
Supporting Companies in Implementation of Anti-Discrimination Practices
I would like to ask the Ministry, if there are plans to further avail resources to companies in the implementation of anti-discrimination practices and to better equip HR professionals in SMEs to handle workplace discrimination disputes effectively. In addition, I ask for consideration for the Legislation to be extended to all companies in Singapore regardless of size in time to come. An interim measure could also be to recognise SMEs who have implemented WFL practices in their workplaces voluntarily. This will allow all companies to be on a level playing field, and to uplift the image of SMEs to be equally progressive employers alongside all Singaporean companies.
Conclusion
Mr Speaker, while the NTUC and our Unions will continue playing our part to address workplace grievances to eradicate discrimination and unfair work practices, I urge the Government and our tripartite partners to view the WFL not as a destination, but as a stepping stone towards creating a truly inclusive workplace. Like fleas confined in a jar, the WFL cannot be the jar that conditions and limits us to how high we can jump. Workplace Fairness must become a societal norm because Every Worker Matters. Mr Speaker, my concerns notwithstanding, I strongly support the bill. Thank you.
