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Protection for employees in Singapore

Singapore’s labour regulations offer robust protection for employees, ensuring fair treatment and safeguarding their rights. The Employment Act, which serves as the foundation of employee protection laws in Singapore, covers a broad range of rights, including minimum standards for working hours, overtime pay, and paid leave entitlements.

Aside from the statutory laws, organisations like the Tripartite Alliance for Fair and Progressive Employment Practices (TAFEP) promote fair employment practices, while initiatives such as the Ministry of Manpower's mediation services offer free legal protection for employees in Singapore to address workplace disputes.

Increased protection for female employees in Singapore

Female employees in Singapore are provided with enhanced protections to promote equality, safety, and support for working mothers. These include 16 weeks of government-paid maternity leave for eligible mothers, protections against termination during pregnancy or maternity leave, and safeguards against workplace discrimination under the Tripartite Guidelines on Fair Employment Practices.

Moreover, female employees are protected against workplace harassment under the Protection from Harassment Act (POHA). Employers are also encouraged to offer flexible work arrangements and provide facilities such as breastfeeding rooms to support working mothers. These measures aim to create a fair and inclusive work environment, ensuring that women are supported and protected throughout their professional journey.

Whistleblower policy in Singapore

Whistleblowing is essential to uncover workplace misconduct and promoting ethical business practices. As employers, understanding the whistleblower protections in Singapore and how to manage reports effectively is vital to fostering trust and transparency within your organisation.

Whistleblower laws in Singapore

Currently, there is no stand-alone whistleblower protection law in Singapore that comprehensively shields employees from dismissal or retaliation for reporting wrongdoing. However, various statutory provisions offer protection to whistleblowers:

  • Section 208 of the Companies Act 1967 safeguards company auditors from defamation claims for statements made during their professional duties.
  • Section 36 of the Prevention of Corruption Act 1960 protects whistleblowers’ identities in court proceedings unless the court determines disclosure is necessary for justice.
  • Sections 39 and 40A of the Corruption, Drug-Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992 (CDSA) provide protection when whistleblowers report suspicions of criminal conduct, such as money laundering, under specific conditions.

Although these provisions offer some safeguards, the lack of a unified Singapore whistleblower law means that organisations must adopt their own regulations and policies to handle reports of misconduct effectively while complying with other legal requirements, such as data protection regulations.

Whistleblower protection in Singapore

Retaliating against whistleblowers in Singapore—such as through dismissal, harassment, or intimidation—can expose employers to legal liabilities. While no specific penalties exist solely for retaliation, employees may take legal action under employment contracts or claim for unfair dismissal. Additionally, if whistleblowing involves criminal conduct, mishandling the matter could result in reputational damage and regulatory scrutiny for your business.

Best practices for dealing with whistleblowing in Singapore

To create a workplace environment that encourages transparency and accountability, consider these best practices for managing whistleblowing:

  • Implement a clear whistleblower policy: Develop a robust whistleblower policy for your organisation that outlines reporting channels, confidentiality safeguards, and protections against retaliation.
  • Establish multiple reporting channels: Provide employees with various avenues to report misconduct, such as a dedicated hotline, email address, or external reporting body.
  • Ensure confidentiality: Protect the identity of whistleblowers to the fullest extent possible, as mandated by laws like the Prevention of Corruption Act.
  • Train your team: Educate managers and employees on the importance of whistleblowing, how to report concerns, and the protections available under Singapore whistleblower laws.
  • Act promptly and impartially: Investigate reports thoroughly and impartially, taking swift action to address verified misconduct while safeguarding whistleblowers from reprisal.

Data privacy in Singapore

As the digital landscape continues to evolve, businesses in Singapore face increasing obligations to protect the personal data of employees, customers, and stakeholders. Employers must understand the data protection and privacy laws in Singapore to remain compliant and avoid significant penalties.

Data protection and privacy laws in Singapore

The Personal Data Protection Act (PDPA) is Singapore’s primary legislation governing the collection, use, and disclosure of personal data. Under the Singapore data privacy law, employers must adhere to specific guidelines when handling employee information.

Generally, employers must notify employees or job applicants of the purposes for which their personal data is collected, used, or disclosed. Consent is typically required unless certain exceptions apply under the PDPA. For instance:

  • Employers may handle employee data without explicit consent for purposes directly related to managing or terminating an employment relationship, provided employees are notified of these purposes.
  • Data can also be collected, used, or disclosed without notification or consent when necessary for evaluative purposes, such as assessing an employee’s suitability for promotion or continued employment.

However, if the data is being used for purposes unrelated to employment or evaluative purposes, consent must be obtained unless another exception under the PDPA applies. Employers should establish robust processes to ensure compliance with these regulations.

Penalties for data privacy breaches in Singapore

Non-compliance with data privacy laws in Singapore can lead to severe consequences for businesses. Penalties for data privacy breaches in Singapore under the PDPA include:

  • Financial penalties: Organisations can face fines of up to 1 million SGD for breaches of the PDPA.
  • Reputational damage: Public disclosure of breaches can harm an employer’s reputation and erode employee and customer trust.
  • Operational disruptions: Addressing a breach may require resource-intensive investigations, potentially disrupting business activities.

Employers should also note the importance of addressing breaches promptly, as failure to act swiftly can exacerbate penalties and damage.

Building a culture of compliance in Singapore

To protect your organisation from the consequences of data privacy breaches, establish a clear framework for data protection:

  • Implement a comprehensive data protection policy: Define the processes for collecting, using, and safeguarding personal data.
  • Educate employees: Train your workforce on data protection responsibilities and the principles of data privacy in Singapore.
  • Conduct regular audits: Regularly review your data-handling practices to identify gaps and ensure compliance.

Equal treatment for temporary agency workers in Singapore

Employers who work with a work agency in Singapore must ensure fair treatment for temporary staff while complying with local labour laws.

Temporary agency workers in Singapore are commonly employed in sectors such as retail, hospitality, construction, and domestic services. Domestic worker agencies in Singapore provide placements for helpers in households, while agencies for other sectors supply businesses with foreign and local workers on a short-term or project basis.

Rights of agency workers in Singapore

Under the Employment Act, Singapore’s main labour law, there is no distinction between temporary, contract, daily-rated, or tenured employees. This means that all workers, including those hired through an employment agency for foreign workers in Singapore, are entitled to the same basic terms and conditions of employment.

For instance, contract workers employed for at least three months are eligible for benefits such as:

  • Paid annual leave.
  • Sick leave.
  • Maternity leave (if the conditions for eligibility are met).

These entitlements are prorated based on the duration of the worker’s employment. Employers must ensure that temporary workers meet the same benefit thresholds as permanent employees, provided the stipulated conditions under the Employment Act are satisfied.

Other applicable protections for agency workers in Singapore

While temporary workers enjoy equal rights under the Employment Act, additional protections may apply depending on the nature of their work. For instance:

  • Employers must ensure safe working conditions for all workers, including those sourced through a work agency in Singapore.
  • Agencies and employers are prohibited from discriminatory hiring practices, as outlined in the Tripartite Guidelines on Fair Employment Practices.
  • Workers placed by domestic worker agencies in Singapore are entitled to rest days and must not be subject to unfair treatment.

Temporary workers are also protected from wrongful dismissal and other workplace disputes, with access to mediation and legal recourse under applicable laws.

Anti-discrimination laws in Singapore

Creating an inclusive and safe work environment is a key responsibility for employers in Singapore. While the country is making strides towards formalising anti-discrimination measures, employers must understand current laws and guidelines to foster fairness and safety in their workplaces.

Singapore’s anti-discrimination legislation

Currently, there is no standalone anti-discrimination law in Singapore specifically governing workplace practices. However, the constitution provides equal protection rights and prohibits discrimination based on religion, race, descent, or place of birth. Despite these constitutional provisions, successful legal challenges on such grounds are rare.

In 2021, the Singapore government announced plans to introduce workplace anti-discrimination legislation, grounded in the principles of the Tripartite Guidelines on Fair Employment Practices (TGFEP). While a draft bill has not yet been published, an interim report with recommendations was issued in 2023. Employers should stay updated on these developments to ensure compliance when the law is enacted.

In the meantime, age discrimination is addressed under the Retirement and Re-employment Act (RRA), which prohibits dismissing employees below the retirement age of 63 solely based on age. Additionally, the Fair Consideration Framework (FCF) requires employers to advertise job openings on MyCareersFuture.sg and demonstrate fair hiring practices, with penalties imposed for non-compliance by the Ministry of Manpower (MOM).

Anti-harassment laws in Singapore

The Protection from Harassment Act 2014 (POHA) protects individuals from harassment both within and outside the workplace. This includes acts like stalking, cyber-bullying, and offensive behaviour that can create a hostile work environment. Employers should be aware that under POHA, employees can seek legal remedies for harassment, which may include protection orders and civil penalties.

In addition to POHA, employers should proactively address workplace harassment by implementing clear policies and procedures. The Singapore anti-discrimination legislation being developed may further enhance protections against workplace harassment in the future.

Equal pay in Singapore

Ensuring fair and equitable pay is essential for fostering a diverse, inclusive, and high-performing workplace. Employers should understand the frameworks governing pay practices and how they can contribute to closing the gender pay gap in Singapore.

Equal pay in Singapore’s Employment Act

The Employment Act is Singapore’s main labour law and ensures that employees are entitled to equal remuneration for the same or similar work, regardless of gender. This provides a foundation for fair pay practices, although it stops short of imposing specific gender pay gap legislation.

Employers are required to provide fair remuneration that reflects job roles and responsibilities, performance, and qualifications. Discriminatory practices, including pay inequality, may contravene the Employment Act and could result in enforcement actions by the Ministry of Manpower (MOM).

Pay equity laws in Singapore

Singapore does not have a specific Equal Pay Act, nor is there gender pay gap legislation that mandates pay equity. However, the country has robust general employment laws and guidelines that promote fairness in the workplace.

The Tripartite Guidelines on Fair Employment Practices (TGFEP), issued by the Tripartite Alliance for Fair Employment Practices (TAFEP), encourage employers to adopt fair, merit-based pay practices. While not legally binding, these guidelines set an important standard for addressing pay disparities and ensuring fair remuneration policies.

Although employers are not required to disclose gender pay data, voluntary transparency and proactive measures to address pay gaps can strengthen organisational reputation and employee trust.

Protect your business with our compliance expertise

Understanding what you can and can’t do as an employer is one of the biggest challenges of hiring in Singapore. Get it wrong, and you could face legal action and damage to your reputation.

Our solutions protect both you and your workers, thanks to our team’s in-depth knowledge of local and international labour laws. That means you can stop worrying about compliance issues and focus on getting the job done.

Compliantly hire employees anywhere with CXC

With our EoR solution, you can engage workers anywhere in the world, without putting your business at risk. No more worrying about local labour laws, tax legislation or payroll customs — we’ve got you covered.

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