Govt not ruling out anti-discrimination laws at workplaces

SINGAPORE — Recognising the scale of discriminatory practices at the workplace affecting Singaporeans, Acting Manpower Minister Tan Chuan-Jin yesterday hardened his stance against these practices and did not rule out anti-discrimination laws as an option.

“Some Singaporeans have vocally expressed their anxieties over perceived discriminatory practices in their workplace, such as foreign managers hiring from their own home country. I would suggest this is not just perception but it is something that does happen,” he said.

Stressing that “clearly, something needs to be done”, he said the “question really is how far do we need to go”. Nevertheless, he reaffirmed the Government’s current approach of using “moral suasion” to tackle the issue for the time being.

“Anti-discrimination legislation is one possible way to address these issues and we do not reject the idea entirely ... But we believe that in the present approach that we are heading, let us give it a fair stab and see how we can evolve over time,” said Mr Tan, who also spoke out against employers laying off older PMETs (Professionals, Managers, Executives and Technicians) in favour of younger ones as a strategy to lower costs.

Mr Tan was speaking at a tripartite annual conference on fair employment practices. At the same event last year, he had indicated that the authorities were not too keen on anti-discrimination laws. Among other things, Mr Tan had cautioned last year that rigid rules might “end up inadvertently harming the very people we are trying to help”.

Responding to TODAY’s queries, a Ministry of Manpower (MOM) spokesman said yesterday that since March, it has received 15 complaints of “employment discrimination”. The majority of the cases involved discriminatory hiring practices, such as putting up discriminatory recruitment advertisements, he said.

“In those cases that we have investigated, the MOM engaged the companies at the very senior levels. Where companies had been found to have infringed the Tripartite Guidelines on Fair Employment Practices, the companies had made public apologies and also had their work pass privileges curtailed,” the spokesman added.

Last month, online travel agency Expedia Inc and consultancy Incofood International put up public apologies online for discriminatory job advertisements looking for specific foreign nationalities which were put up online in March.

Statistics from the Tripartite Alliance for Fair Employment Practices (TAFEP) showed that half of the 303 complaints it received last year concerned fair opportunities for Singaporeans. The same complaint also topped the list in 2011 for the first time.

Nevertheless, to date, more than 2,000 firms have pledged to adopt fair employment practices, up from 600 in 2007. Discriminatory job ads have also fallen to less than 1 per cent last year, as compared to nearly 20 per cent in 2006.

Mr Tan said although he “fully appreciates the concerns” that underlie arguments in favour of anti-discrimination legislation, these laws were not “a silver bullet that will solve all problems”. The Government’s approach, he noted, was to change employers’ mindsets for good because otherwise, they can always find creative ways to get around any legislation such that they fulfil the letter of the law but not its spirit.

“That is really at the heart of it — not just the practice; what we want is for people to really change the way they look at things; for employers to have a more progressive mindset ... Mindset change ensures enduring change,” said Mr Tan.

“With or without legislation, discriminatory practices really have no place in Singapore. We expect all employers in Singapore to be fair and to comply with the Tripartite Guidelines on Fair Employment Practices.”

Nevertheless, ending discriminatory practices requires all stakeholders — the Government, employers, as well as workers — to play their parts, he added.

While appropriate policy measures would be introduced to maintain a level playing field for citizens, Mr Tan said there was “a fair bit of room” for employers to improve the way they make workers feel engaged and looked after. Workers also need to “continually upgrade themselves and raise their game” to stay competitive.

A survey conducted by TAFEP and the Chartered Institute of Personnel and Development, from January to February, of 103 human resource (HR) professionals showed that practically all the respondents (98 per cent) valued older workers’ knowledge and skills and more than four-fifths (83 per cent) have no age preferences when hiring.

However, in a TODAY report last month, economists and HR experts said firms trying to contain costs amid restructuring efforts were replacing older PMETs with younger ones.

Referring to the report, Mr Tan said this was a “myopic” approach as it would have an impact on how their workers viewed them, and in turn, on company culture.

He said: “Yes, companies do need to focus on the bottom line, as all companies do. But does it mean that you need to lose your soul and spirit in the process? There are no laws and enforcement that can change that and force you to do it.”