DISCRIMINATION AGAINST MOTHERS-TO-BE IN WORKPLACE

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DISCRIMINATION AGAINST MOTHERS-TO-BE IN WORKPLACE: 5.

Mdm Ho Geok Choo asked the Acting Minister for Manpower whether

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workplace harassment laws can be put in place to prevent employers from discriminating against mothers-to-be in the workplace as part of measures encouraging more women to work.

The Senior Parliamentary Secretary to the Acting Minister for Manpower (Mr Hawazi Daipi) (for the Acting Minister for Manpower): Sir, workplace laws are already in place to protect pregnant employees. Under the Employment Act, dismissal on the grounds of pregnancy is an offence. It is also an offence to terminate the employment of an employee when she is on maternity leave.

As part of the enhanced Marriage and Parenthood package, we have strengthened the protection for pregnant employees. After October 2008, when the legislative amendments take effect, employers will be required to pay employees their maternity leave benefits if the employees are dismissed without sufficient cause within the last six months of pregnancy or retrenched within the last three months.

Should employees feel harassed or discriminated against at the workplace, they should take up their complaints directly with their management, or through their unions if they are union members. Employees may also lodge a complaint directly with MOM and we will investigate the complaint and provide advice on the appropriate courses of action.

However, we cannot rely on legislation alone to address workplace harassment and discrimination effectively. We must also positively shape employers' mindsets so that they recognise the importance of fair treatment of all employees, including mothers-to-be. This would also benefit employers in attracting and retaining valued employees. In this regard, the Tripartite Alliance on Fair Employment Practices (or TAFEP) has been actively

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promoting the adoption of fair employment practices among employers and working closely with them to put in place progressive and non-discriminatory HR practices.

Mr Zaqy Mohamad (Hong Kah): It seems that the MOM defines some mothers-to-be as pregnant for more than six months and above. Would the MOM consider putting in an anti-harassment law for prospective mothers – young, married women, for example – who are applying for jobs or are working and are being asked by employers if they are planning to start a family or having more children? I think this should also be considered as potential harassment tactics by employers.

Mr Hawazi Daipi: Sir, hiring and firing is subject to agreement of both the employer and employee in general.

In the case of hiring pregnant women, again, it is subject to the needs of the employers. However, if employees have reason to believe that they are not employed because they are pregnant, they can lodge a complaint to MOM so that MOM can give appropriate advice to the prospective employee on the course of action to be taken. But, what is important is to change the mindsets of employers, in general, of the importance of treating not just their workers but potential workers well. In an environment of shortage of Singaporean workers, it makes sense for the employers to be the employers of choice and to do that they must be willing to take good care of their employees, including pregnant women and potential employees who are pregnant.

Mr Zaqy Mohamad: Just to clarify my comment. When I said "prospective mothers-to-be" I meant young mothers who are thinking of either having children or have children and planning to have

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more, rather than prospective employees of a company.

Mr Hawazi Daipi: Sir, I thought I answered that question. Prospective employees who are pregnant.

Mr Zaqy Mohamad: Young mothers who are planning to have children, for example, and today you find that some are complaining that employers are asking them, "Are you planning to have a family?" I think that is quite discriminatory.

Mr Hawazi Daipi: I said that if they believe that this is discriminatory and they do not like it, they can come to MOM to lodge a complaint and we will give them appropriate advice. But, generally, it is really up to the employees. In the first place, they are already called for interviews. For someone who has applied for a job and called for interview, there must be a good chance to be considered for the job. Whether or not there is a law to prevent employers from picking those who are not likely to be planning to be pregnant or to have a baby, or whether or not they want to practise fair employment practices, they may not even call this prospective employee for interview. So, no laws can actually protect any potential employee, whether or not they want to plan to have a baby or not in future.