Expected to take effect by end 2027, Singapore’s Workplace Fairness Act (WFA) will introduce a statutory framework prohibiting workplace discrimination and mandating fair employment practices.
The WFA is intended to establish fair employment practices and protect individuals from workplace discrimination by employers on the grounds of protected characteristics, while preserving harmonious workplace relations. Separately, and alongside the WFA, employers in Singapore are expected to ensure that Singapore citizens and permanent residents are fairly considered for job opportunities in line with the existing fair employment framework, which includes the Tripartite Guidelines on Fair Employment Practices (TGFEP).
In this article, we discuss:
- The scope of the WFA
- The protected characteristics under the WFA
- Other employer obligations
- The next steps for companies and multinational groups
- How we can help
- Frequently asked questions
This article is written in collaboration with Sebastian Blasius, Attorney-at-law at Gateway Law Corporation. Sebastian has been practicing law in Singapore since 2015 and is among the very few German lawyers registered to practise not only foreign law, but also Singapore law.
His deep understanding of both civil and common law enables him to provide seamless legal counsel to companies with European roots and their Southeast Asian subsidiaries. He provides in-depth legal guidance on all key areas of Singapore business law, particularly on corporate, employment and contract law as well as on general compliance matters.
Scope of the WFA
Many employers will already be familiar with the Tripartite Guidelines on Fair Employment Practices (TGFEP). The WFA is expected to take key requirements reflected in the TGFEP and put them into a statutory (legally enforceable) framework.
Importantly, the WFA is expected to apply broadly to employers in Singapore, subject to specific exclusions and exemptions. Notably, based on current policy statements, employers with fewer than 25 employees are expected to be exempt (or partially exempt) at commencement. The precise scope and mechanics will depend on the final legislation, subsidiary legislation and/or regulatory guidance.
These exclusions and exemptions (including the under-25-employee exemption) are expected to be reviewed after the WFA comes into force. Employers should monitor further legislative and regulatory guidance as it is released.
Protected characteristics under the WFA
Under the WFA, discrimination may be unlawful where an employer makes an “employment decision” that adversely affects an individual and the decision is based (wholly or in part) on a “protected characteristic”. Protected characteristics include:
- Age;
- Nationality;
- Sex;
- Marital status;
- Pregnancy;
- Caregiving responsibilities;
- Race;
- Religion;
- Language ability;
- Disability; and
- Mental health condition.
An employer makes an employment decision if it:
- hires or decides not to hire an individual;
- appraises, evaluates or measures the performance of any employee;
- promotes or decides not to promote any employee;
- reduces the rank or status of any employee;
- provides or does not provide training to any employee; or
- dismisses or retrenches, or terminates the contract of service of, an employee.
Example: A promotion decision is an employment decision. If the outcome is influenced, even partly, by an employee’s race, it may be discriminatory. Once the WFA is in force and subject to any applicable exceptions, this may amount to an unlawful employment decision under the WFA framework.
Other employer obligations
Beyond discriminatory employment decisions, the WFA also generally treats the following as unlawful discrimination:
- Discrimination by directions, instructions or policies: It will be unlawful to issue, communicate or publish directions, instructions or policies that are discriminatory. This includes materials that direct, instruct or influence decision-makers (e.g., managers or company officers) to make employment decisions that disadvantage someone based on a protected characteristic. The WFA framework may also capture such directions even if no individual can be shown to have been directly affected.
- Discrimination by advertisement or description: It will generally be unlawful to publish (or cause to be published) any job advertisement in Singapore that explicitly or implicitly mentions a protected characteristic as a condition, criterion, requirement, advantage, disadvantage or disqualification for employment, unless a statutory exception applies.
Employers should also continue to ensure that Singapore citizens and Permanent Residents (PRs) are fairly considered for employment opportunities under the existing fair employment framework and any applicable work pass-related requirements. Separately, employers should have a grievance handling policy. In simple terms, a workplace grievance is an employee’s allegation relating to discrimination or harassment.
Next steps for companies and multinational groups
While the WFA sets out obligations in legislation, many of the underlying expectations are not new. The WFA is intended to complement (and not replace) the existing TGFEP. The TGFEP already expects employers to avoid discrimination, fairly consider local candidates and to implement grievance handling policies.
Although the TGFEP does not have the force of law, non-compliance can still lead to consequences. For example, the Ministry of Manpower (MOM) may investigate, and employers may face disadvantages in work pass applications. The MOM has also indicated that employers without grievance handling policies in place may be viewed as not suitable for hiring foreigners on a work pass.
Many multinational employers already have Diversity, Equity and Inclusion (DEI) frameworks and groupwide policies that align with the objectives of the TGFEP/WFA.
That said, global policies often need localisation. Review and update them so they match Singapore-specific definitions, processes and expectations. In practice, employers should:
- Review existing practices and procedures (e.g., hiring forms, termination practices);
- Draft and implement the policies necessary to ensure non-discriminatory employment practices;
- Draft and implement a grievance handling policy;
- Train management and HR departments on these policies and the TGFEP/WFA in general;
- Ensure that job advertisements are non-discriminatory; and
- Take the requirements of the TGFEP/WFA into account when applying for work passes for foreign employees.
How we can help
Preparing early for the WFA can help you align future statutory requirements with today’s expectations under the TGFEP. The TGFEP currently applies to all employers (including small businesses), even where an employer may later fall within an under-25-employee exemption at WFA commencement. If you are updating global DEI or HR policies, this is a good time to “localise” your Singapore position and documentation.
Hawksford and Gateway can support you with the above steps and answer any questions you may have about your company’s compliance with the TGFEP and the WFA.
Our Singapore team is well-versed in immigration matters and can provide up-to-date guidance on work pass considerations where expatriates are involved. For information on hiring in Singapore, please get in touch with our team.
Frequently asked questions
Are there exemptions regarding the employers to whom the WFA applies?
Yes. Based on current policy statements, employers with fewer than 25 employees are expected to be exempt (or partially exempt) at commencement. The position is expected to be reviewed after the WFA comes into force and the precise scope and mechanics of any exemption will depend on the final legislation, subsidiary legislation and/or regulatory guidance. In the meantime, the existing Tripartite Guidelines on Fair Employment Practices (TGFEP) will continue to apply.
Are there exceptions in which employers can rely on protected characteristics?
Yes, exceptions exist. Employers may, for example:
- Rely on a protected characteristic (e.g., language ability) where this constitutes a genuine and proportionate job requirement;
- Decide not to hire an individual younger than a prescribed minimum age, where expressly permitted by law; or
- Prefer Singapore citizens/PRs over foreign nationals in employment decisions in accordance with applicable work pass and fair consideration requirements.
Employers may rely on limited statutory exceptions, provided the specific requirements for each exception are strictly met.
Will the WFA affect my ability to hire foreign talent?
The WFA may affect how hiring decisions are documented and communicated but it does not prevent companies from hiring foreign talent. If an overseas candidate is genuinely the best fit and the work pass criteria are met, the WFA should not, in itself, block that hire.
The main focus is the process: job advertisements, screening criteria, interview practices and internal approvals should be consistent and objective. Clear documentation helps show that local candidates were assessed fairly and that the final decision was made on merit. If you would like, we can review your job ads, interview materials and hiring workflow against the WFA/TGFEP expectations and suggest practical, low-disruption updates.
What are the legal consequences of non-compliance of these new rules?
Non-compliance with the WFA may, depending on the nature and severity of the contravention and the final form of the legislation, result in significant adverse consequences. These may include:
- Statutory claims and dispute resolution processes initiated by affected individuals (typically following internal grievance handling and mediation steps);
- Investigations and information-gathering measures by Singapore authorities which may include requests for documents and explanations and other powers available under law. Onsite inspections of employer premises may be conducted where authorised by applicable legislation;
- Directions by the authorities requiring contraventions to be remedied; and
- Financial penalties (including, in some cases, substantial fines), depending on the nature and severity of the contravention.
Adverse effects may impact not only the employer’s organisation but, in certain circumstances, also extend to members of management (for example, where personal responsibility is imposed under applicable law).
What are the key compliance requirements for HR policies in Singapore?
HR policies should currently sit alongside existing obligations under the Employment Act, the TGFEP and work pass regulations administered by the MOM. With the introduction of the WFA by end 2027, employers should also review policies early to ensure the above protected characteristics are considered and that fair, objective employment practices are maintained across the employee lifecycle.
Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. While every effort has been made to ensure the accuracy and relevance of the information set out above, it is not a substitute for specific advice tailored to your organisation’s particular circumstances. You should not act or refrain from acting solely in reliance on this article. We disclaim any liability for any loss arising from reliance on the information contained herein.
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