Role of the Tripartite Alliance for Fair and Progressive Employment Practices (TAFEP) in the HR Fraternity
The Tripartite Alliance for Fair and Progressive Employment Practices (TAFEP) was set up in 2006 by the tripartite partners (Ministry of Manpower, National Trades Union Congress, and Singapore National Employers Federation), to promote the adoption of fair, responsible and progressive employment practices. TAFEP also serves as a whistleblowing channel where workers may report any unfair or discriminatory work practices.
As TAFEP serves as a tripartite promotional body, a key difference between TAFEP and the Ministry of Manpower would be in matters relating to employment discrimination.
Investigation process for employment discrimination conducted by TAFEP and MOM
Outlined by TAFEP, the body would contact employers and work in tandem with the employer to improve its employment practices should any complaints be lodged. This would be done through mediation, and the employing body would be advised to put in place fair and responsible employment practices and adopt the Tripartite Guidelines.
In the instances where the employer is recalcitrant or unresponsive, or persistently fails to improve on their employment practices, TAFEP would then refer the case to MOM for further investigation. Should the complaint be substantiated and the employer has contravened the Tripartite Guidelines on Fair Employment Practices, the employer will generally be given the opportunity to rectify its actions. MOM would also inform employers that non-rectification and future occurrences could result in administrative action, including curtailment of their work pass privileges.
In cases where employers further engage in discriminatory employment despite MOM’s advice, MOM will take the appropriate actions to curtail their work pass privileges. MOM will inform the employer in writing if its work pass privileges have been curtailed. The period of curtailment may vary, depending on the severity of the case.
Other roles and services
TAFEP serves a platform to enrich and empower the HR community, through the sharing of articles, readings relating to organisational development and transformation. TAFEP also has many different databases of tools and resources which are also recommended for companies and agencies’ human resource departments to refer and adhere. Some of them include telecommuting guidelines (in light of the government’s encouragement for companies to allow workers to telecommute), and sharing of best practices across the different industries.
In encouraging fair hiring practices, TAFEP also provides resources for employers to apply relevant and objective selection criteria consistently for all aspects of employment, including recruitment, training, promotions, postings and retrenchment benefit(s). These criteria are related to the job requirements. This would strengthen fair employment opportunities and ensure that all applicants are fairly and objectively assessed on their suitability in the job.
TAFEP also provides fair guidelines for employee performance and appraisals. Employers are guided and encouraged to adopt appraisal systems which are fair and objective, with measurable standards for evaluating job performance. This would help ensure that employees are assessed and promoted on the basis of merit. It also enables employers to conduct regular and constructive performance reviews which enable employees to take steps to enhance their performance.
TAFEP in the news
In 2021’s National Day Rally, TAFEP was surfaced by Prime Minister Lee Hsien Loong, where the government has plans to legalise guidelines provisioned by TAFEP. PM Lee explains how “(the government) will create a similar Tribunal to deal with workplace discrimination” to ensure that all workers, regardless of their nationalities. This is further exemplified through statements put forth by different authorities.
Dr Tan See Leng (Minister for Manpower), also shared how the “government is reviewing its employment framework to uphold workplace fairness, through the Tripartite Committee on Workplace Fairness, and expand the range of possible actions, including legislating the current fair employment guidelines”. The National Trade Union Congress (NTUC) is also a key figure in driving fair employment practices, where the government has worked collaboratively with, and has adopted its recommendations to “strengthen workplace fairness and accord more power to TAFEP in dealing with workplace discrimination”.
Beyond mediation and counselling actions provided for companies, such examples raised by the government reflects the need for enforcement should there be a lack of compliance in such guidelines. This seems to imply that TAFEP will play an increasingly important role within the HR fraternity, with greater legislative and governmental powers to ensure that such employment practices are fairly meted out.
How effective would these anti-discrimination guidelines truly be?
Summarized opinion: While enshrining into law the current anti-discrimination guidelines would be a measure that could mean stronger protection against discrimination for workers, this would not solve the root of the problem. They mainly only come into play during conflict resolution, and education and advocacy should still be the key to solving the problem of workplace discrimination.
Here are some Views from industry personnel
‘Singapore Indian Chamber of Commerce and Industry pointed out that education and advocacy are more important than “damage control”.’
“The law and tribunal are really for resolving disputes, not to address a more deep-seated bias … It is possible to enact clear rules, but they can also be circumvented and misinterpreted.”
‘‘Mr Abhimanyau Pal, CEO of SPD, a charity serving people with disabilities in Singapore, said that enshrining into law the current workplace anti-discrimination guidelines is one of the Government’s strongest measures in recent years to protect marginalised workers against discrimination.”
Finding a balance in these anti-discrimination guidelines
Furthermore, stronger calls for these anti-discrimination guidelines, such as the progressive tightening of the criteria for Employment Passes and S Passes to ensure Singaporeans of fair opportunities at the workplace, can increase the portrayal of Singapore as xenophobic and hostile to foreigners. This can negatively impact Singapore’s reputation as an international hub. in a Singaporean context, one must note the nature and size of Singapore’s economy, one that is open, small and highly dependent on Foreign Direct Investment (FDI). This can also cost Singaporeans jobs, investments and opportunities. Hence, this highlights that workplace disputes over discrimination first and foremost importantly requires the effort of Singaporeans and non-Singaporeans to resolve any tension amongst themselves amicably and through mediation, lessening the need for escalation.
Possible link to “Ban the Box” example? Ban the Box was a campaign by advocates of ex-offenders, that aimed to remove check box that asks if applicants have a criminal record. This was to give ex-offenders a fair chance in finding jobs. However, due to statistical discrimination that the blacks were more likely to have committed a crime, experiments and research has shown that as a result, the blacks were more likely to be turned away based on their name. This led to a bigger problem.
Further questions to consider
With increasing legislative powers accorded to TAFEP, what do you think would be the potential implications?
As individuals, how can we advocate for anti-discrimination in workplaces?
References
Ministry of Manpower (2013). HOW MOM DEALS WITH EMPLOYMENT DISCRIMINATION. Ministry of Manpower.
留言