Workplace Fairness Bill

Bill No. 50/2024

Read the first time on 12 November 2024.

An Act to protect against certain discriminatory behaviour relating to employment and to establish fair employment practices, and to make related amendments to the Employment of Foreign Manpower Act 1990.

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

PART 1

PRELIMINARY

Short title and commencement

1. This Act is the Workplace Fairness Act 2024 and comes into operation on a date that the Minister appoints by notification in the Gazette.

General interpretation

2. In this Act —

“authorised officer” means any public officer appointed as an authorised officer under section 37(2);

“authorised person” means an individual appointed as an authorised person under section 37(3);

“civil contravention” means a civil contravention under section 29;

“collective agreement” has the meaning given by section 2 of the Industrial Relations Act 1960;

“Commissioner” means the Commissioner for Workplace Fairness appointed under section 37(1), and includes —

(a)	a Deputy Commissioner for Workplace Fairness;
(b)	a Principal Assistant Commissioner for Workplace Fairness; and
(c)	an Assistant Commissioner for Workplace Fairness,

appointed under that section;

“confinement” means the delivery of one or more children (including a stillborn child) from one pregnancy;

“contract of service” and “dismiss” have the meanings given by section 2(1) of the Employment Act 1968;

“discrimination” means discrimination within the meaning of section 17(1), 18(1) or 19(1);

“employee” means an individual who has entered into or works under a contract of service with an employer, but does not include any of the following:

(a)	any seafarer within the meaning given by section 2(1) of the Employment Act 1968;
(b)	any domestic worker within the meaning given by section 2(1) of the Employment Act 1968;
(c)	any employee in any prescribed category, class or description of employees;

“employer” means any person who employs or intends to employ another person under a contract of service, and includes —

(a)	the Government in respect of any category, class or description of officers or employees that may be prescribed;
(b)	any statutory authority in respect of any category, class or description of officers or employees that may be prescribed;
(c)	the duly authorised agent or manager of the employer; and
(d)	the person who owns or is carrying on or for the time being responsible for the management of the profession, business, trade or work in which the employee is engaged;

“employment decision” means an employment decision mentioned in section 5, 6 or 7;

“foreigner” means any person who is not a citizen of Singapore or permanent resident of Singapore;

“job” means the work performed or to be performed by an employee under a contract of service with an employer;

“officer” —

(a)	in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate, and includes any person purporting to act in any such capacity; and
(b)	in relation to an unincorporated association (other than a partnership), means the president, secretary or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee, and includes any person purporting to act in any such capacity;

“partner” includes a person purporting to act as a partner;

“permanent resident of Singapore” has the meaning given by section 2 of the Immigration Act 1959;

“platform work agreement” has the meaning given by section 2 of the Platform Workers Act 2024;

“retaliation” has the meaning given by section 28(3);

“serious civil contravention” means a serious civil contravention under section 30;

“stillborn child” has the meaning given by section 2(1) of the Registration of Births and Deaths Act 2021;

“work pass” means a work pass issued under section 7 of the Employment of Foreign Manpower Act 1990.

Purposes of Act

3. The purposes of this Act are —

(a)	to protect individuals from discrimination by employers on the ground of protected characteristics;
(b)	to establish fair employment practices;
(c)	to ensure that citizens of Singapore and permanent residents of Singapore are fairly considered for employment opportunities and continue to form the core of the workforce in Singapore, with foreigners as a complement; and
(d)	to preserve harmonious workplace relations in Singapore.

Application of Act

4.—(1) This Act does not apply to the following employers:

(a)	(except for section 26) an employer that employs fewer than the prescribed number of individuals;
(b)	any prescribed employer or class of employers.

(2) In subsection (1), “prescribed number” means 25 or any other number that the Minister may, by notification in the Gazette, prescribe in substitution.

(3) To avoid doubt, the following arrangements do not constitute employment:

(a)	any contract for service;
(b)	any arrangement under a platform work agreement;
(c)	any prescribed arrangement or class of arrangements.

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