Enforcement Powers for Fair Employment Breaches

18 Mr Leon Perera asked the Minister for Manpower what enforcement powers does the Ministry deploy when investigating referrals from TAFEP about employers who may be engaging in discriminatory HR practices that are not related to nationality but to other attributes, such as age and gender.

The Minister of State for Manpower (Mr Teo Ser Luck) (for the Minister for Manpower): Mdm Speaker, we have employment laws that enforce against employers with discriminatory practices on age and gender. Under the Retirement and Re-employment Act (RRA), an employer cannot dismiss an employee on the grounds of age. The Employment Act (EA) and Child Development Co-Savings Act (CDCA) also protect female employees from being dismissed without sufficient cause during any stage of their pregnancy.

The Ministry of Manpower (MOM) and the Tripartite Partners also expect employers to implement fair and non-discriminatory employment practices in accordance with the Tripartite Guidelines on Fair Employment Practices (TAFEP). This is why TAFEP, as the advocate and champion for fair employment practices, takes an active role in looking into complaints of such unfair employment practices and refers cases to MOM for enforcement, if found to be true.

MOM takes a serious view of all forms of employment discrimination and, if employers are found to have engaged in such unfair employment practices, MOM will take appropriate enforcement actions under the RRA, EA or CDCA. MOM can also suspend their work pass privileges under the Employment of Foreign Manpower Act. Any employee who feels discriminated against can approach TAFEP for assistance.

Mdm Speaker: Mr Leon Perera.

Mr Leon Perera (Non-Constituency Member): I thank the Minister of State for his detailed and comprehensive answer. I just have a few supplementary questions.

Firstly, has MOM had cases referred by TAFEP or from any other source where employers were allegedly engaged in discrimination for personal attributes, other than age or gender, for example, physical appearance or any other kind of personal attributes? In such cases, what were the tools of enforcement used?

Secondly, have there been any cases of employers who have not been amenable to persuasion or pressure from MOM in such cases and are recalcitrant and refuse to actually amend their discriminatory practices in any way?

Mr Teo Ser Luck: I thank the Member for the questions. So far, we have received complaints of other attributes besides nationality, age and gender. We have received complaints based on attributes, such as race, language, religion, family status and others. Most of the time, we will investigate, gather the evidence and I am encouraged that most of the companies rectified their employment practices.

For complaints related to attributes besides nationality, for example, age and gender, the number has remained stable. Age- and gender-related complaints accounted for about 20% of total complaints in 2015. We are monitoring the situation and will work with TAFEP closely. Whenever there is a complaint and a need to investigate, we will do so.

Mdm Speaker: Mr Patrick Tay.

Mr Patrick Tay Teck Guan (West Coast): I wanted to ask the Minister of State, bearing in mind that we have the RRA, the EA, as well as the CDCA, would MOM look at implementing specific workplace-related anti-discrimination laws as a final option, if and when cases of discrimination do increase in the coming years?

Mr Teo Ser Luck: We are monitoring the situation closely. So far, the number of complaints has remained stable. What we will do is to continue to educate and create greater awareness. TAFEP, as an advocate for fair employment practices, is enhancing and strengthening its educational efforts. We believe that this approach has worked so far as most employers engaged by TAFEP did rectify their employment practices.