Legislation for Existing TAFEP Guidelines

Mr Yip Hon Weng asked the Minister for Manpower with regard to the forthcoming legislation of existing TAFEP guidelines (a) whether there are adequate professionals and resources to implement enforcement and remedial action of claims in a timely manner; (b) how will the legislation address anxieties that may arise from the issue of unfairness which may be subjective or are driven by perception; and (c) how will the Ministry ensure that all claims are thoroughly investigated to avoid unnecessary compliance costs and Court processes.

The Tripartite Committee on Workplace Fairness’ deliberations involve defining the scope of future legislation and designing a legal framework that is balanced and in the best interest of Singapore and Singaporeans. This includes a claims process where mediation is the first and necessary step and appearance before the tribunal is a last resort to avoid the unintended consequence of fostering a litigious workplace culture. This has worked well for the handling of salary-related and wrongful dismissal cases.

We agree with the Member that anxieties about workplace discrimination can also be driven by perceptions. Not every complaint means that the employer has done something wrong. That is why the mediation process, in itself, is an opportunity for employers and employees to close gaps in their understanding of requirements. Legislation must also go hand in hand with education efforts to change mindsets and attitudes towards inclusive and fair work practices.

The reality is that trade-offs will need to be made as we develop an approach that aims to strike a balance between objectives that are in tension with each other. For example, while we want to ensure that claims are thoroughly investigated, which is time-consuming, we also want to make sure that the claims management process is efficient and not over-burdensome on workers and employers. This illustrates the difficult task being undertaken by the Tripartite Committee, which will have to manage such trade-offs.

The Tripartite Committee aims to complete its work in the first half of 2022. The Government will then consider its recommendations and, if accepted, start work to prepare legislation and commit the necessary resources for the legislation to be implemented effectively. In the meantime, TAFEP and MOM will ensure the Tripartite Guidelines continue to be practised and upheld.

We thank the Member for his interest in the topic of workplace fairness and ask that Members continue to support the Tripartite Committee’s work and eventual recommendations.