Comments adopted by the CEACR: Singapore

Adopted by the CEACR in 2021

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2(2)(c) of the Convention. Collective agreements. The Committee notes that, in reply to its previous comment, the Government reiterates in its report that, following the ratification of the Convention, the tripartite partners issued a Tripartite Declaration on Equal Remuneration for Men and Women Performing Work of Equal Value, where they recommended that unionized companies adopt the equal pay principle by incorporating a clause on equal remuneration into their collective agreements. The Government also indicates that, according to the National Trade Unions Congress (NTUC), as of 20 December 2018, about one third of all collective agreements in force had equal remuneration clauses applying to all categories of employees covered by the agreement (compared to 26 per cent in 2011). It adds that there were no disputes on equal remuneration clauses so far. The Committee however notes that the Government still does not provide any information on the manner in which such clauses are effectively applied in practice during the wage-setting process at the enterprise level. Recalling the important role that collective agreements can play in the application of the principle of equal remuneration for men and women for work of equal value, the Committee asks the Government to continue to provide information on the progress made in including equal remuneration for work of equal value clauses in collective agreements, further to the Tripartite Declaration issued in this regard. It asks once again the Government to provide summaries of such clauses, as well as specific examples of the manner in which they are applied in practice when wages are set at the enterprise level. The Committee further asks the Government to provide information on any measures taken to raise awareness of the existence of equal remuneration clauses in collective agreements among workers, in particular women workers, as well as on any disputes regarding the application of such clauses that have been dealt with by the courts.

Article 3. Objective job evaluation. The Committee notes the Government’s repeated indication that the Tripartite Alliance for Fair Employment Practices (TAFEP) promotes fair and objective recruitment practices. The Government adds that, as a result of the Skills Framework for Human Resources, human resources professionals will be able to design progressive human resources and practices that reward employees fairly based on ability, performance, contribution and experience. The Committee wishes to draw the Government’s attention to the fact that the concept of “equal value” laid down in the Convention requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria to avoid the assessment being tainted by gender bias. While the Convention does not prescribe any specific method for such an examination, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions (see 2012 General Survey on the fundamental Conventions, paragraph 695). Given the persistent gender wage disparities, the Committee asks the Government to provide information on the concrete measures taken to develop, promote and implement objective job evaluation methods, using criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, in the public and private sectors.

Enforcement. Recalling that workers can submit a complaint to the TAFEP in case of discrimination at work, the Committee notes the Government’s indication that, so far, the TAFEP has not received any complaints related to pay inequality. In this regard, the Committee wishes to draw the Government’s attention to the fact that where no cases or complaints are being lodged, this is likely to indicate a lack of an appropriate legal framework, a lack of awareness of rights, a lack of confidence in or absence of practical access to procedures, or fear of reprisals (see 2012 General Survey, paragraph 870). In light of the absence of legislation reflecting the principle of the Convention, the Committee asks the Government to provide information on the proactive measures taken, including in collaboration with employers’ and workers’ organizations, to raise public awareness of the principle of the Convention, the procedures and remedies available, as well as on the impact of such measures on the persistent wage disparities between men and women. It also asks the Government to provide information on the number and nature of cases or complaints of gender pay inequality dealt with by the TAFEP, the labour inspectors, the courts or any other competent authority, specifying any sanctions imposed and remedies granted.

C100 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 1 and 2 of the Convention. Assessing and addressing the gender pay gap. The Committee recalls the lack of legislation requiring equal remuneration for men and women for work of equal value. The Committee previously noted the Guidelines issued by the Tripartite Alliance for Fair Employment Practices (TAFEP) on 3 May 2007, which include a section on remuneration stating that “[e]mployers should pay employees wages commensurate with the value of the job […] regardless of age, gender, race, religion and family status, employees should be paid and rewarded based on their performance, contribution and experience”. It notes, from the TAFEP’s website, that as of September 2019, 7,144 organizations have signed the Employers’ Pledge for Fair Employment Practices, which is a public commitment from employers to create fair and inclusive workplaces according to the TAFEP’s Guidelines. The Committee notes the Government’s statement, in its report that, in July 2017, Tripartite Standards (TSes) were introduced to enhance fair and progressive employment practices on flexible work agreements, recruitment practices and unpaid leave for unexpected care needs. Noting that the TAFEP continued training workshops to assist employers implementing fair and progressive employment practices, the Committee notes the Government’s indication that the Human Capital Partnership (HCP) Programme was launched in 2017 by tripartite partners to “grow an inclusive community of progressive employers”, and will be managed by the TAFEP. The Committee however observes that the Government does not provide information on any measures taken by the TAFEP to promote specifically the principle of equal remuneration for men and women for work of equal value. While noting the Government’s statement that the gender pay gap was estimated at 11.8 per cent in 2017 with broad-based improvement across most occupational groups, the Committee notes, from the statistical information provided by the Government, that in 2017 the median gross monthly salary of women employed in the same occupational category as men was systematically lower than that of men, except for clerical support workers where it was slightly higher. It notes in particular that the gender wage gap was estimated at 12.2 per cent for managers and administrators; 18.7 for working proprietors; 14.4 for professionals and still remains wider for craftsmen and related trades workers (22.3 per cent) and plant and machine operators and assemblers (19.1 per cent). The Committee notes the Government’s indication that the wage gap can be attributed to the fact that women are more likely to exit the workforce or have intermittent patterns of work, for reasons such as childcare and the care of the elderly. The Government adds that its approach to address the gender pay gap is to empower women with choices to stay in the workforce, instead of having to exit it to fulfil caregiving responsibilities. In this regard, the Committee welcomes the adoption and implementation of measures to assist women to enter, re-enter or remain in the workforce, including through flexible working arrangements and the introduction of measures to encourage shared parental responsibilities (such as a two weeks paid paternity leave and the possibility for fathers to share up to four weeks of their wife’s maternity leave). The Committee however notes that, in its 2017 concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) remained concerned about: (i) the persistent gender wage gap in all occupational categories, except clerical support; (ii) the continued vertical and horizontal occupational segregation in both the public and private sectors; (iii) the persistence of discriminatory stereotypes about the role of women as primary caregivers, including as caregivers of older persons; (iv) the fact that women still remain underrepresented in traditionally male-dominated fields of study, such as engineering, electronics and information technology, at the tertiary level; as well as (v) the underrepresentation of women on corporate boards, notwithstanding their high educational and professional achievements and qualifications. The Committee further notes that the CEDAW recommended that “the Government reduces the gender wage gap by regularly reviewing wages in sectors in which women are concentrated and by establishing effective monitoring and regulatory mechanisms for employment and recruitment to ensure that the principle of equal pay for work of equal value is adhered to in all sectors” (CEDAW/C/SGP/CO/5, 21 November 2017, paragraphs 18, 26, 28 and 29). The Committee notes that the CEDAW, as well as the UN Independent Expert on the enjoyment of all human rights by older persons, also expressed specific concern that older women frequently lack sufficient savings to sustain a living as a result of the gender pay gap, a lack of employment opportunities and their caregiving responsibilities, and are therefore forced to continue to work beyond their retirement age in low-paid and low-skilled occupations (CEDAW/C/SGP/CO/5, 21 November 2017, paragraph 38 and A/HRC/36/48/Add.1, 31 May 2017, paragraphs 27 and 93). In light of the absence of a legislative framework providing for equal remuneration for men and women for work of equal value and the persistence of significant gender wage gaps, in particular in sectors where women are traditionally concentrated, the Committee asks the Government to take proactive measures, including legislative measures in the framework of the Tripartite Alliance for Fair Employment Practices, to establish the principle of the Convention and raise awareness among workers, employers and their respective organizations, as well as among law enforcement officials of the right to equal remuneration for men and women for work of equal value. It also asks the Government to continue to take measures to address the underlying causes of the gender wage gap, such as vertical and occupational gender segregation and stereotypes relating to the aspirations, preferences and abilities of women, including by encouraging girls and women to choose non-traditional fields of study and professions and promoting their access to jobs with career prospects and higher pay. The Committee asks the Government to continue to provide statistical information on the level of earnings of men and women, disaggregated by economic activity and occupational group, both in the public and private sectors.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Adopted by the CEACR in 2020

C032 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 17(2) of the Convention and Part V of the report form. Application in practice. In its previous comment, the Committee requested an explanation on the reported drop in inspections in ports and penalties imposed, between 1995 and 2011. The Committee notes the clarification provided by the Government on the apparent drop in inspections in ports and sanctions imposed between 1995 and 2011, notably that the numbers of inspections cited in the reports of 1996 and 2012 included complementary inspections carried out by different government agencies. The Government adds that the safety and health legislative framework in place under the Workplace Safety and Health (WSH) Act encourages safety and health ownership at all levels. WHS inspectors undertake inspections in relation to the WSH Act. These actions include the analysis of statistics to identify problem areas and hotspots, before designing the interventions. Such an approach may result in fluctuations in inspection numbers in different years. Lastly, the Government indicates that there have been significant improvements in the safety and health records in ports in the past ten years, due to the focus on engagement in workplace safety and health issues. In this regard, the Workplace Safety and Health Council (WSHC) has a Logistics and Transport Committee, comprising of sector leaders, to address specific challenges in ports. The WSHC sets standards and provides resources such as guidelines, case studies, videos and posters, and encourages good practices through capability programmes and awards. The Committee requests the Government to continue providing detailed information on the manner in which the Convention is applied, including any relevant measures from the WSHC in relation to the protection of dockworkers against accidents, relevant reports from the inspection services and details on the number of inspections carried out, the number of violations detected and the nature and causes of accidents recorded.

Prospects for the ratification of the most up-to-date Convention. The Committee encourages the Government to review the decision adopted by the Governing Body at its 328th Session (October–November 2016) approving the recommendations of the Standards Review Mechanism Tripartite Working Group, and to consider ratifying the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), which is the most up-to-date instrument in this subject area. The Committee requests the Government to provide information on any measures taken in this regard.

C094 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee previously requested the Government to take all appropriate measures to ensure that all public contracts falling within the scope of the Convention are awarded only to enterprises (including any subcontractors) which guarantee to their workers’ wages, hours of work and other conditions of labour not less favourable than those set out in existing collective agreements or generally observed in the same sector or industry by employers in a similar situation. The Committee recalled that, as clarified in paragraph 112 of its 2008 General Survey on labour clauses in public contracts, in those countries where the employment conditions which are laid down in the national legislation constitute both maximum and minimum standards, which may not be exceeded by more favourable collective agreements or arbitration awards, a reference in the public contracts to the relevant provisions of the national legislation would be sufficient for the purpose of giving effect to the Convention. The Committee noted that, therefore, in situations where no arrangements exist for the effective regulation of wages and other employment conditions through collective bargaining, the Convention may not be deemed to require contractors to do more than to merely conform to the national labour legislation. The Committee also requested the Government to transmit copies of the legal text(s) regulating the accreditation and grading systems of cleaning and security services. The Government reports that, in the absence of industry-level collective agreements, contractors and vendors are required to provide their workers with adequate standards equivalent to those established by national laws. It adds that companies engaged under public contracts are required to ensure wages, hours of work, and other conditions of labour that are not less favourable than those established for work of the same character in the trade or industry. The Committee notes with interest the information provided by the Government on additional measures taken (with effect from 31 January 2019) to safeguard the basic employment rights of outsourced workers in the cleaning, security and landscape sectors. It further notes that, as part of the applicable licensing/registration requirements, cleaning, security, and landscape companies must demonstrate that they have a progressive wage structure in place such that the employees concerned receive wages that are commensurate with the higher training, standards and productivity required of them. In addition, to meet licensing and registration requirements, companies must ensure that they have not breached employment laws or defaulted on Employment Claims Tribunal Orders for a specified period of time. The Committee welcomes the copies of the specific instruments regulating the accreditation and grading systems for cleaning and security services communicated by the Government. The Committee welcomes the information provided by the Government and requests that it continue to provide information on the general manner in which the Convention is applied, including, for instance, labour inspection reports, indicating the number of inspections of public administration contracts carried out, the number and type of violations detected and the sanctions imposed, if any. Please also provide information on any practical difficulties encountered in the application of the Convention.

C144 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 5(1) of the Convention. Effective tripartite consultations. In its previous comments, the Committee requested the Government to continue to provide information on the content and outcome of the tripartite consultations held on each of the matters covered by Article 5(1) of the Convention, particularly in connection with the re-examination of unratified fundamental Conventions and the Employment Policy Convention, 1964 (No. 122), a governance Convention (Article 5(1)(c)). The Government reports that the Singapore Ministry of Manpower (MOM) continues to consult extensively and regularly with the tripartite partners. The Government indicates that, during the period 2014-18, in the context of the annual review of Singapore’s baselines concerning the promotion and realisation of ILO fundamental principles and rights at work, the Singapore National Employers Federation (SNEF) and the Singapore National Trades Union Congress (NTUC) were consulted in relation to the fundamental Conventions not yet ratified by Singapore, and their comments were reflected in the reports submitted to the ILO (Article 5 (1) (c)). The SNEF and the NTUC were also consulted on replies to questionnaires concerning items on the agenda of the International Labour Conference and government comments on proposed texts to be discussed by the Conference (such as those relating to the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205) and the Violence at Work Convention (No. 190) and Recommendation (No. 206), 2019 (Article 5 (1) (a)), as well as in relation to Article 19 and 22 reports (Article 5(1)(b) and (d)); and on proposals for the denunciation of ratified Conventions (Article 5(1) (e)). The Committee notes that, in 2018, the tripartite partners met twice to discuss the matters specified under Article 5 of the Convention. With regard to the re-examination of unratified Conventions, the Government indicates that in 2018 the tripartite partners discussed the possibility of re-ratifying the Abolition of Forced Labour Convention, 1957 (No. 105). The Government indicates that progress had been made in addressing forced labour as illustrated by the 2014 amendments to the Prisons Act, but that it would take some time to bring its entire legislative framework into full compliance with Convention No. 105. The Government reports that the NTUC expressed the view that Singapore should work toward the re-ratification of Convention No. 105 as soon as possible. Regarding Convention No. 122, the Government indicates that it has active labour market policies in place and provides information on a series of initiatives aimed at job creation and skills upgrading; however, it does not provide specific information on tripartite consultations relating to Convention No. 122. The Committee reiterates its request that the Government provide detailed and precise information on the content, frequency and outcome of tripartite consultations held on all matters relating to international labour standards covered by the Convention and other activities of the ILO, including consultations on the re-examination of unratified fundamental Conventions, as well as on Convention No. 122, a priority governance Convention (Article 5(1)(c)).

In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages the Government to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to continue to provide updated information in its next report on the impact of the measures taken in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to steps taken to reinforce the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.