Singapore - Country baselines under the ILO Declaration Annual Review (2000-2008): Elimination of discrimination in respect of employment and occupation (DISC)

COUNTRY BASELINE UNDER THE ILO DECLARATION ANNUAL REVIEW (2000-2008)1: SINGAPORE

REPORTING

Fulfillment of Government’s reporting obligations

YES, since the start of the Annual Reviews (ARs) in 2000.

Involvement of Employers’ and Workers’ organizations in the reporting process

YES, according to the Government: Involvement of Singapore National Employers' Federation (SNEF) and the Singapore National Trades Union Congress (SNTUC) by means of consultations and communication of government’s reports.

OBSERVATIONS BY THE SOCIAL PARTNERS

Employers’ organizations

2007 AR: Observations by the SNEF.

Workers’ organizations

2005 AR: Observations by the SNTUC and its affiliates.

2001 AR: Observations by the International Confederation of Free Trade Unions (ICFTU).

EFFORTS AND PROGRESS MADE IN REALIZING THE PRINCIPLE AND RIGHT

Ratification

Ratification status

Singapore ratified in 2002 the Equal Remuneration Convention, 1951 (No. 100) (C.100).

Ratification intention

NIL

Recognition of the principle and right (prospect(s), means of action, basic legal provisions)

Constitution

YES

The principle and right (PR) is firmly entrenched in the Constitution. The 1965 Constitution has amended article 12(1) which provides that «all persons are equal before the law and entitled to the equal protection of the law».

Legislation, regulations and/or policy

Policy:

2005 AR: According to the Government: In 2005, the Tripartite Committee on Employability of Older Workers was established to review, among other issues, discrimination against older workers in employment and to strengthen existing measures, codes and guidelines such as the Code of Responsible Employment Practices and the Guidelines on Non-Discriminatory Job Advertisements. This Tripartite Committee is also implementing a broad strategy to shape positive perceptions of employers, employees and customers on the employability of older workers.

2000 AR: Since 1962: Institutionalization of the principle of equal remuneration.

Basic legal provisions

According to the Government: The 1965 Constitution as amended (article 12(1)); Employment Act (section 14(2)).

Grounds of discrimination

2000-2003 ARs: According to the Government: Discrimination in respect of employment and occupation is prohibited on grounds of race, religion, sex, descent or origin.

Judicial decisions

NIL

Exercise of the principle and right

Special attention to particular situations

NIL

Information/Data collection and dissemination

NIL

Prevention/Monitoring, enforcement and sanctions mechanisms

2008 AR: According to the Government: A Tripartite Committee on Employability of Older Workers published its final report in May 2007, with extensive recommendations to enhance the employability of older workers. These recommendations include: (i) the expansion of employment opportunities for older workers; (ii) the enhancement of the cost competitiveness of older workers; (iii) the improvement of skills of older workers; and (iv) positive shaping of perceptions towards implementing the various tripartite guidelines. Moreover, the Tripartite Alliance for Fair Employment Practices (TAFEP) was formed in May 2006 to encourage the adoption of fair employment practices at the workplace. With a view to facilitating this process, a new Tripartite Centre for Fair Employment, led by employers’ and workers’ representatives with the support of the Government, was also established in September 2007. This Centre should develop training programmes and toolkits to assist employers, and institute a national award to recognise companies for implementing fair employment practices.

2005 AR: The Government stated that the Executive Mediation Unit in the Ministry of Manpower looks into complaints and disputes on unfair employment practices such as disputes on maternity leave. It also acts on companies with unfair and discriminatory recruitment practices, e.g., recruitment ads with specific race requirements.

2002-2003 ARs: According to the Government: Investigations are held after complaints received by the Ministry against employers for alleged discrimination. Sanctions and fines are meted out as appropriate.

EFFORTS AND PROGRESS MADE IN REALIZING THE PRINCIPLE AND RIGHT

Involvement of the social partners

2007 AR: According to the SNTUC: the SNTUC Women’s Committee forwarded a proposal to the Ministry of Manpower in September 2005 suggesting amendments to the law to give better protection to pregnant employees. This Committee is also currently working with the Government and employers, to help older women and homemakers re-integrate the labour market.

2000-2005 ARs: According to the Government: The Guidelines on Non-Discriminatory Job Advertisements issued in 1999 were drawn up through the joint effort of the Ministry of Manpower, the SNEF and the SNTUC.

2001 AR: According to the Government: The SNTUC has initiated information technology (IT) and computer training courses and skills re-development programme for union members.

2000 AR: According to the Government: Employers’ and workers’ organizations have been involved in the launch of the tripartite «Back to Work» Programme.

Promotional activities

Institutions to promote equality

According to the Government: The Ministry of Manpower.

Other activities

2008 AR:

The Tripartite Centre for Fair Employment, which will be set up in September 2007, will roll out training programmes and tool kits to assist employers, and institute a national award to recognise companies for implementing fair employment practices.

The SNEF has been promoting the elimination of discriminatory practices by: (i) encouraging its members to comply with the Guidelines on Non-Discriminatory Job Advertisements; (ii) persuading more employers to sign and implement the Employers’ Pledge of Fair Employment Practices and (iii) endorsing more employers to incorporate the Equal Remuneration Clause in collective agreements and memos on wage increases.

According to the SNTUC: Its Women’s Committee has developed the two following key projects for 2007 include: (i) «Women back to Work», which aims to get more women into the workforce by encouraging more employers to offer part-time and flexi-work schemes to women, as well as to encourage women to take up the various subsidized schemes available to upgrade their skills and take up higher paying jobs and (ii) «Work Life Initiative», which looks into the provision of benefits such as childcare leave, lactation room and flexi-work arrangements to help women balance better their work and family commitments.

2007 AR: According to the Government: The Tripartite Committee on Employability of Older Workers released its interim report and a range of recommendations to enhance the employability of older workers in January 2006. One of the recommendations was to set up the Tripartite Alliance for Fair Employment Practices (TAFEP) to shift mindsets among employers, employees and the general public towards fair and responsible employment practices for all workers. The TAFEP was formed in May 2006 and is co-chaired by the SNEF and the SNTUC, with participation from the Government.

On the proposed changes to the labour laws, the Government conducts reviews of the law regularly, and will take into account inputs from both the workers and the employers.

2005 AR: According to the Government: The Tripartite Committee on Employability of Older Workers set up by the Ministry of Manpower seeks to encourage the adoption of measures and guidelines through promotion and incentives.

2001-2003 ARs: According to the Government: Under the Employment Act, paid maternity leave had been extended to working mothers in order to give them time to bond with their new baby without suffering a loss in wages. It also indicated that a budget of $200 million had been allocated for a five-year Manpower Development Assistance Scheme (MDAS) project for skills development.

2001 AR: According to the Government: In September 1996, the tripartite «Back to Work» Programme for homemakers and older persons aged 55 years and above was launched by the Ministry of Manpower in collaboration with the Singapore Productivity and Standards Board (PSB), the SNTUC and the SNEF. The Employment (Part-Time Employees) Regulations was also implemented.

Special initiatives/Progress

2008 AR: The Government indicated that the new Tripartite Guidelines on Fair Employment Practices were published in May 2007. In this respect, five hundred employers have already publicly pledged to be fair employers by adhering to these guidelines.

CHALLENGES IN REALIZING THE PRINCIPLE AND RIGHT

According to the social partners

Employers’ organizations

According to the SNEF: The existing employment laws are adequate in protecting the rights and well being of workers. However, where there is need for review and proposed changes are not to undermine business, the employers’ organisation would be receptive in considering the changes.

Workers’ organizations

2005 AR: According to the SNTUC: There is persisting discrimination against older and female workers. More stringent enforcement of the laws against those who violate them and legal literacy and educational activities for employers are necessary to address discrimination against pregnant employees.

According to the Government

NIL

TECHNICAL COOPERATION

Request

NIL

Offer

NIL

EXPERT-ADVISERS’ OBSERVATIONS/

RECOMMENDATIONS

2008 AR: The IDEAs noted that Singapore (and another country) had not yet expressed their intentions concerning ratification of C. 111 (Cf. Paragraph 67 of the 2008 Annual Review Introduction – ILO: GB.301/3).

2004 AR: The IDEAs urged the Government of Singapore (and four other governments) to send reports within the prescribed time frame, so as to ensure the smooth running of the annual review process (Cf. Paragraph 21 of the 2004 Annual Review Introduction – ILO: GB.289/4).

GOVERNING BODY OBSERVATIONS/

RECOMMENDATIONS

NIL

1 Country baselines under the ILO Declaration Annual Review are based on the following elements to the extent they are available: information provided by the Government under the Declaration Annual Review, observations by employers’ and workers’ organizations, case studies prepared under the auspices of the country and the ILO, and observations/recommendations by the ILO Declaration Expert-Advisers and by the ILO Governing Body. For any further information on the realization of this principle and right in a given country, in relation with a ratified Convention, please see: www.ilo.org/ilolex