As announced by the Minister for Manpower, Mrs Josephine Teo, the penalties in relation to the Fair Consideration Framework (FCF) has been increased effective January 2020 to deter employees from workplace discrimination.
The penalty framework has been strengthened in 3 ways:
Previously, employers found to have breached the Tripartite Guidelines on Fair Employment Practices were debarred from hiring new foreign workers, for at least 6 months. The minimum debarment period has now been doubled to 12 months. More egregious cases will face a longer debarment period, up to a maximum of 24 months.
As the duration of most work passes is two to three years, for a 12-month debarment, a third to half of the work passes cannot be renewed, and the firm cannot hire new foreign workers. For a 24-month debarment, none of the work passes can be renewed, and the employer cannot hire new foreign workers. This means that if employers want to continue their operations in Singapore, they would have to hire locals.
If employers falsely declared in their applications that they practised fair consideration, MOM will prosecute them under the Employment of Foreign Manpower Act. If convicted, employers and key personnel could face imprisonment of up to 2 years, or fines of up to $20,000, or both. To be clear, MOM will trace the line of accountability at the individual-level. All individuals involved in the false declaration, whether it is the CEO or HR manager or hiring manager, will be held responsible.
What is the Fair Consideration Framework?
The Fair Consideration Framework (FCF) sets out requirements for all employers in Singapore to consider the workforce in Singapore fairly for job opportunities. Employers should not discriminate on characteristics that are not related to the job, such as age, gender, nationality or race.
All employers in Singapore are expected to adhere to the Tripartite Guidelines on Fair Employment Practices.
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Contact Person: Singapore Retailers Association