Will the Employment Act amendment cover all workplace discrimination?

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Employment Act Amendments to Prohibit All Forms of Workplace Discrimination

The proposed amendments to the Employment Act 1955 are set to address all types of workplace discrimination, introducing a new provision that will prohibit any form of discrimination by employers. This expansion moves beyond the current limitations of Section 60 L, which only addresses discrimination between local and foreign workers. Under the revised legislation, the labour director-general will have the authority to investigate employee complaints of discrimination and issue directives to employers to resolve such issues.
Comprehensive Prohibition of Discrimination

The Ministry of Human Resources has put forth a new provision within the Employment Act 1955 that explicitly prohibits any form of discrimination by an employer. This amendment is designed to encompass all types of discriminatory practices, a significant expansion from the existing Section 60 L, which currently only prevents discrimination between local and foreign workers. The ministry has clarified that the term "employer" in this new provision will apply to all entities covered by the Act.
Enhanced Enforcement Powers for Labour Director-General

The proposed amendments will grant the labour director-general enhanced powers to handle discrimination complaints. An employee who believes they have faced discrimination from their employer regarding terms and conditions of employment can lodge a complaint. The director-general will be empowered to inquire into such complaints and, if deemed necessary, issue directives to the employer to resolve the discriminatory practices.
Alignment with International Labour Standards and Improved Welfare

These amendments are being formulated in line with the International Labour Organisation (ILO) Declaration 1998 on fundamental principles and rights at work. Furthermore, the revisions aim to improve overall employee benefits and welfare. It is anticipated that by enhancing employee well-being, these changes will indirectly contribute to increased company competitiveness and productivity.
Addressing Specific Cases of Discrimination

The push for these amendments has been partly influenced by recent observations and surveys. Investigations into 74 four- and five-star hotels revealed that 13 of them had policies prohibiting female front-line staff from wearing headscarves. Additionally, a survey by the Women's Aid Organisation found that one in eight pregnant women had filed formal complaints due to workplace discrimination, with many others remaining silent due to a lack of awareness of their rights or fear of reprisal.

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Will the Employment Act amendment cover all workplace discrimination?

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