Legal Protections for National Servicemen against Workplace Discrimination arising from National Service Obligations

21 Mr Kenneth Tiong Boon Kiat asked the Acting Minister for Manpower (a) how many discrimination complaints have cited National Service obligation as the reason; (b) why National Service liability is not protected under the Workplace Fairness Act and what would prompt inclusion; (c) whether the Ministry knows of any enforcement action under Part 6 of the Enlistment Act; and (d) what protection a serviceman has against being passed over for promotion because of in-camp training.

The Minister of State for Manpower (Mr Foo Cexiang) (for the Acting Minister for Manpower): Mr Speaker, between 2024 and 2025, the Tripartite Alliance for Fair Employment Practices (TAFEP), the Ministry of Manpower (MOM) and the Ministry of Defence (MINDEF) have received three discrimination complaints related to National Service (NS) obligations. The Workplace Fairness Act takes a calibrated approach by covering the protected characteristics that account for approximately 95% of discrimination complaints received by TAFAP and MOM. MOM will consider expanding the Workplace Fairness Act scope if evidence emerges of a sustained or significant increase in other forms of discrimination complaints.

NSmen are protected under the Tripartite Guidelines on Fair Employment Practices, which prohibits all forms of workplace discrimination, including discrimination based on NS obligations. Where employers breach the guidelines, TAFEP will require them to address complaints and correct their practices. In egregious cases, MOM may suspend the employers' work pass privileges.

Part 6 of the Enlistment Act separately sets out specific statutory duties for employers in relation to their employees' NS obligations, including reinstating employees after NS, granting leave of absence for NS obligations and not dismissing employees on account of their NS obligations.

To date, MINDEF has not had to pursue formal enforcement action under these provisions. Where concerns have been raised, MINDEF engages employers directly to clarify their obligations, and this approach has been effective in resolving issues.

NSmen who believe that they have been unfairly treated because of their NS obligations may approach MINDEF, MOM or TAFEP for assistance.

Mr Speaker: Mr Kenneth Tiong.

Mr Kenneth Tiong Boon Kiat (Aljunied): Thank you, Sir. In the United States, the law says that a person with the obligation to perform military service cannot be denied a promotion or any benefit of employment because of it, and this is the same in Australia – an employer may not hinder a reservist from serving or discriminate against him in his terms and conditions. Both have volunteer armies, whereas we have a conscript army. So, in other countries, a volunteer's promotion gets legal protection there, but for us, a conscript army, a promotion gets no legal protection. Does the Ministry not agree with me that it is a gap that we should remedy?

Mr Foo Cexiang: I thank the Member for the clarification. As I mentioned in my reply, first, there are various guidelines and legislations in place to ensure that NS obligations are not a liability for our workers. Second, the general proportion, general significant number of our employers in Singapore, have been very supportive of our employees' NS obligations, and I think this has been borne out in the very low number of NS related concerns that has been raised to MINDEF, MOM or TAFEP.

But that being said, we continue to look closely at this feedback. And where there is a need, as I mentioned earlier, where there are significant cases, we will review our legislation.