MOM has been tackling workplace discrimination over two decades; will set up committee to examine if legislation should be pursued
by The Online Citizen27/07/2021
Reading Time: 5 mins read
The Ministry of Manpower (MOM) has been working on tackling workplace discrimination for more than two decade now by progressively stepping up its efforts in introducing various guidelines, said Manpower Minister Tan See Leng in Parliament on Monday (26 July).
He explained that some of the efforts introduced by the Ministry include Tripartite Guidelines on Non-Discriminatory Job Advertisements, Tripartite Alliance for Fair & Progressive Employment Practices (TAFEP) and Tripartite Guidelines on Fair Employment Practices (TGFEP).
However, Dr Tan added that MOM will set up a tripartite committee to examine if legislation is the “best policy option” to handle workplace discrimination.
The Manpower Minister said this in response to an adjournment motion filed by Member of Parliament Patrick Tay (PAP-Pioneer) on strengthening the Singapore core in the workforce.
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The motion was filed by Mr Tay following recent debates in the Parliament on Singapore’s foreign worker policies.
Although the Government has introduced multiple changes to foreign manpower policies over the years, but Mr Tay pointed out that many Singaporean PMEs (professionals, managers and executives) feel that the changes are insufficient.
“I can feel the fears and anxieties of our local PMEs, especially over job security. Besides ground sentiments of intense competition from the influx of foreign PMEs, I have a compendium of anecdotes of unfair employment practices by employers who favour hiring foreigners and discriminating against our locals,” he said.
According to the rules set out under the Fair Consideration Framework, employers have to advertise job vacancies to locals first before considering a foreigner for the position. However, Mr Tay noted that some local PMEs feel that this is “mere window dressing” as companies tend to have a foreign candidate in mind when they put the advertisement up.
On top of that, many PMEs also expressed that there isn’t any proper framework in place now for transfer of knowledge for roles which employers claim there are skills shortage, said Mr Tay.
“I am heartened that in my past 10 years of lobbying and advocating for a stronger Singaporean core, many measure have been put in place to support and protect our Singaporean PMEs and provide them with a fair and level playing in the job market,” he said.
He added, “That said, more needs to be done to strengthen the Singaporean core.”
Suggestions on dealing with discrimination raised
Speaking of workplace discrimination, several MPS have suggested different ways that the Ministry can take to combat such discrimination.Mr Tay pointed out that TAFEP should be given more power through legislation by enhancing the powers of investigation, enforcement and punishment against those who discriminate at workplaces.
He added that the process for reviewing employment pass (EP) applications should not just look at an applicant’s education qualification and salary, but should also focus on the company’s hiring practices.
Additionally, Mr Tay proposed a point system should in place to check if the employer has been investing in hiring and developing local workers, as well as the company’s diversity of nationalities. The point system will then be used to evaluate and approve the EP application, he noted.
“Finally, we need to ensure that locals have fair access to PME roles and progression opportunities to improve localisation of jobs in high growth sectors.
“We must ensure concerted, structured, institutionalised and mandatory skills and knowledge transfer from these foreign PMEs to our local PMEs within a stipulated and agreed time frame in the spirit of complementarity,” he said.
In addition, MP Saktiandi Supaat (PAP-Bishan-Toa Payoh) and Louis Ng (PAP-Nee Soon) also highlighted different examples of racial and age discrimination, as well as unfair treatment against women in the workforce.
Mr Saktiandi suggested that there should “concrete targets” for companies to localise their workforce, adding that TAFEP should be given “the powers to wield a bigger stick”.
“Some employees are so intoxicated by the discriminatory practices that they are inured to the penalties. We need to go beyond fining them or temporarily suspending work passes,” he expressed.
Mr Ng, on the other hand, said that while there are guidelines against discrimination, these are a “weak deterrence and are routinely flouted”, adding that guidelines on fair employment must be legislated.
“Legislating the guidelines will send a loud and clear message to employers that discriminate in the workplace will not be tolerated. It will be illegal, and unfair practices will be punished by law.”
Penalties for workplace discrimination were stiffened
Responding to this, Dr Tan asserted that his Ministry will make sure that all Singaporeans are fairly considered for job opportunities, adding that penalties on workplace discrimination were recently stiffened.“However, I want to also reiterate the importance of staying and remaining open. The combination of skilled locals and a diversity of foreign expertise is a key competitive advantage for us in drawing many international companies here, creating more good jobs for Singapore,” he said.
He added that apart from nationality-based discrimination, Singapore must also deal with other types of discrimination, such as on grounds of sex, age, race, religion and disabilities.
He also stressed that MOM is open to suggestions to legislate against discriminatory practices, but noted that legislation alone will not guarantee better employment outcomes.
“On the other hand, legislation will provide a clear premise to publicise the names of companies found to have breached the law. But on the other hand, we should be mindful of the unintended consequences,” he said.
For instance, if the laws are “overly onerous”, then it will stop employers from operating business in Singapore, he said.
However, MOM will set up a tripartite committee to find out if legislation is the best way to pursue this matter.
“Government, union and employer representatives will deliberate thoroughly whether legislation should be pursued, taking into consideration potential ramifications,” explained Dr Tan.
He added, “Legislation has its merits, it’s not a panacea and it’s not a silver bullet. We need a balanced suite of measures to not be hampered by an overly rigid framework that hurts all parties involved.”
“Only then can we continue to give Singaporeans the best chance to get ahead and to secure their livelihoods.
