Employment for the Disabled in Singapore: Laws and Schemes

Who are Persons with Disabilities (PWDs)?

Persons with Disabilities (PWDs) are persons with intellectual or physical disabilities.

A person with a physical disability can have either a total or partial loss of bodily functions, such as walking and writing, or a total or partial loss of a body part. A person with an intellectual disability has a developmental disorder where the individual faces more difficulty than others in grasping concepts and solving problems.

Disabilities can be congenital or acquired later in life, as a result of accidents or medical conditions such as stroke and infections. Some PWDs have invisible disabilities, which are disabilities that are not immediately obvious. Examples of invisible disabilities include chronic conditions like renal failure, diabetes and sleep problems that affect daily activities of living.

PWDs tend to have difficulty finding work as they are stereotyped to be less productive than their abled peers in the workforce. Furthermore, such PWDs may face difficulty in the workplace due to their disability and the discrimination they may experience in the workplace.

If you are a person with a disability who is looking for work or facing discrimination at work because of your disability, you should know your employment rights under Singapore law and where you can seek employment assistance.

In this article, we will be covering:

• The employment-related difficulties that PWDs face
• What employment laws protect the employment rights of PWDs
• How PWDs can seek help for unfair employment practices
• Support available for PWDs seeking employment

Employment-Related Difficulties that PWDs Face

PWD job-seekers have difficulty finding work and are often offered work with lower salaries.

Despite the Tripartite Alliance for Fair and Progressive Employment Practices (TAFEP) reportedly receiving only “on average about one complaint of discrimination against people with disabilities each year”, disability organisations have noted that PWDs are usually presented with rank-and-file positions. This is in comparison to their well-abled peers who are offered leadership positions.

Few PWDs occupy leadership or upper management positions because companies do not think they are capable of the work. However, this is a misconception because disabled does not mean unable.

Even after getting hired, PWDs face employment issues that range from low pay and promotion prospects, a limited choice of jobs and prejudiced supervisors, colleagues or customers.

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EMPLOYMENT

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Nadia Moynihan

August Law Corporation | 11 years experience | English, Malay

Nadia’s practice encompasses Civil and Commercial Litigation, Matrimonial and Syariah Law as well as Criminal Law. She has experience handling cases from State Courts to High Court level. She regularly advises corporate and private clients on schemes of arrangement, bankruptcy proceedings, trade disputes, employment disputes and other contractual claims. Her…

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Che Wei Chin

Fervent Chambers | 12 years experience | English, Mandarin

In the field of litigation, Wei Chin was lead counsel for many types of matters and clients such as:

1. Civil and commercial disputes
2. Submitting and presenting mitigation pleas successfully to obtain lighter sentences for clients charged in criminal matters, including non-custodial sentences
3. Divorce and ancillary matters disputes, including helping parties through Court Mediation
4. Private prosecutions for a government statutory board and obtaining deterrent sentences against the offenders
5. General solicitors’ work in extracting Grant of Probate and Letters of Administration
6. General solicitors’ work in managing landlord and tenancy agreements and disputes
7. General Commercial Drafting and Advisory Work

His wide range of experience in litigation includes tenancy disputes, writs of possession, claims concerning breaches of director’s duties, probate matters, criminal matters, matrimonial matters and various other types of litigation work. Wei Chin recognises that not all matters need to proceed for a full-fledged trial. Having taken Mediation & Negotiation modules in NUS, Wei Chin can capably advise on settlement options, achieving an amicable resolution which is more affordable and efficient than going for trial. Wei Chin has also advised government agencies and statutory boards, helping them to resolve disputes through negotiations and litigation, depending on their goals and aims. Wei Chin also takes on commercial contract drafting and contractual negotiation work to protect the interest of his clients when they are entering commercial deals. He has experience being a legal advisor to a local tertiary educational institute and assisted in vetting their intellectual property contracts. Civil & Commercial Disputes

• Lead Counsel in a dispute involving an ex-finance manager of a renowned bakery being sued for breach of fiduciary duties and other money claims – successfully defended the manager such that all claims were dismissed.
• Lead counsel in contract dispute regarding business consultancy agreements, limitation issues and Legal Profession Act.
• Lead counsel in construction dispute with interior designer for defective works.
• Lead counsel in a supply agreement dispute concerning a local beautician boutique.
• Negotiating a successful settlement involving a potentially Michelin-starred restaurant and its renovation contractors, avoiding a lawsuit of close to $0.4 million.
• Lead counsel in a High Court claim for contractual breach: acted for an independent business consultant in suing 3 business owners for breach of consultancy agreement.
• Lead counsel in High Court defamation claim of a manager defaming a director of a listed company.
• Negotiating a successful settlement involving a defamation claim by a businessman against a university professor.
• Assisting counsel in obtaining a Mareva Injunction for a claim amounting to more than S$3 million.
• Negotiating a successful settlement involving an anti-competition lawsuit by a large rice supplier, thus preventing a prohibitive injunction.
• Advising and successfully negotiating a settlement for a government statutory board concerning a dispute with an oil supplier.

Criminal Matters

• Lead Counsel in a disposal enquiry between two victims of a Bitcoin scam.
• Lead counsel in securing an acquittal for client charged with criminal trespass and outrage of modesty in Marina Bay Sand hotel.
• Lead counsel in successfully securing probation for an Uber driver suffering from frotteurism who touched passenger’s thigh. During appeal by the Prosecution, the Accused did not appoint Mr Che as a lawyer (due to financial constraints). Accused’s sentence was later increased to imprisonment when fresh facts arose during appeal.
• Lead counsel in a shop theft matter where Accused took toys without payment from a well-known toy store.
• Lead counsel in various plead guilty matters for offences regarding:
  • Penal Code Section 377BB (voyeurism)
  • Penal Code Section s. 405 to 409 (criminal breach of trust)
  • Companies Act Section 157 (breach of company director’s duties)
  • Road Traffic Act (reckless driving, drink driving etc)
  • Common Gaming House Act (gambling)
  • Animals and Birds Act 1965 (importation of live animals etc)

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Jeannette Chong-Aruldoss

Robert Wang & Woo LLP | 33 years experience | English, Mandarin

Working with clients to help them find real solutions to legal issues that are causing them stress and worry isn’t just a job, it’s something I’m passionate about. It’s a calling. I was called to the Singapore Bar in 1989, and have since chalked up three decades of active legal practice. I’ve acquired the experience and knowledge across a diverse range of legal matters, enabling me to bring a broad-based approach to problem-solving. Where a fight is called for, I’ll bring a hands-on and passionate approach to advocating and championing my clients’ interests.

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Ronald Yeo

Yeo Marini Law Corporation | 8 years experience | English, Hokkien, Mandarin

Ronald started off his career as an economist before deciding to pursue a second degree in law. He has worked as a legal counsel in both public and private sector including various international banks. However, the corporate career gave him less satisfaction as compared to helping the layperson. Coupled with his passion to serve and connect with people on the ground, Ronald decided to go back to his original roots and to practise community law.   A person-oriented individual with a practical and realistic mindset, Ronald is able to provide advice with sound reasoning, and at the same time, ensure that it is in the best interest for the client. Hardworking and output driven, he is a hands-on lawyer who sees through any matter from start to finish.   Ronald has a particular interest in family law. Being a father of 3 children himself, he is a strong advocate of being a present parent and understands the challenges one faces during the course of marriage. He believes that the child’s interest is of utmost importance in any marriage. Ronald is able to empathize and apply his legal mind in matters relating to child custody, care and control, and maintenance quantum for children. When push comes to shove and marriage is no longer possible, Ronald is able to represent clients for any divorce proceedings, both contested and uncontested. Ronald is able to speak both the Chinese and English language.

Employment Laws That Protect the Employment Rights of PWDs

While there is no single legislation protecting the employment rights of PWDs, Singapore has laws to protect employees’ rights, which also cover those with disabilities. These laws are found in the Employment Act (EA), Employment Claims Act (ECA) and the Retirement and Re-employment Act (RRA).

The EA states the rights of workers, while the ECA states the regulations surrounding an employment claim and the RRA covers the rights and re-employment of older workers.

Singapore also has other laws that promote the rights of PWDs, such as the Mental Capacity Act to protect vulnerable PWDs.

Moreover, the Building Construction Authority’s Code on Accessibility 2013 and 2019 mandates buildings to incorporate requirements that improve accessibility to people of different impairments, lowering the barriers at work for PWDs.

The UN Convention on the Rights of Persons with Disabilities was also ratified by Singapore and PWDs should expect to have full and equal rights to employment.

Upcoming Workplace Fairness Legislation (WFL)

In August 2023, the government accepted the final set of recommendations by the Tripartite Committee on Workplace Fairness for the Workplace Fairness Legislation (WFL).

The WFL will be Singapore’s first anti-discrimination law. It will prohibit workplace discrimination in respect of protected characteristics which include disabilities. The WFL will also prohibit retaliation against employees – such as harassment, salary deductions or dismissal (illustrated below) – who report workplace discrimination.

The WFL will coexist with the existing Tripartite Guidelines on Fair Employment Practices (TGFEP)(discussed below). Meaning, employers will be required to adhere to fair employment practices under the WFL with the prevailing TGFEP.

The WFL is slated to be passed in the second half of 2024.

Seeking Help for Unfair Employment Practices 

Unfair employment practices include workplace discrimination, harassment, salary-related disputes and wrongful dismissal.

According to the Tripartite Guidelines on Fair Employment Practices (TGFEP), employers must hire employees on the basis of merit and should not discriminate based on age, race, gender, religion, marital status. family responsibilities or disability.

Any form of discrimination on irrelevant factors, such as dismissal due to an employee’s disability or for filing a salary-related claim (because the PWD employee was paid a lower salary due to discrimination, or not paid at all), will be in breach of the TGFEP.

PWDs who encounter unfair employment practices can seek help from the TAFEP. TAFEP will investigate reports of unfair employment practices and can refer cases to the Ministry of Manpower for further action.

Tripartite Alliance for Dispute Management Mediation

The Tripartite Alliance for Dispute Management (TADM) provides advisory and mediation services to employees and employers to resolve salary-related claims and employment disputes. You can make salary-related and wrongful dismissal claims against your employer by registering your claim with TADM.

Salary-related claims can be filed within 1 year of dispute if you are still employed by the company, or within 6 months from your last day of work if you are no longer employed by the company. The maximum amount claimable is $30,000 for union members and $20,000 for non-union members.

Employment Claims Tribunals

Should the employment dispute remain unresolved after mediation at TADM, you will be issued a claim referral certificate to refer your claim to the Employment Claims Tribunals (ECT).

Lawyers are not allowed to represent any party at the ECT and you must present your case yourself.

If you are a union member, a union representative can represent you. If you are unable to represent yourself because of your disability, you can authorise someone to represent you, subject to approval by the tribunal.

Support for PWDs Seeking Employment

1. Upcoming advisory on reasonable accommodations for PWDs

To support employment opportunities for PWDs, Singapore is working towards a new advisory to guide employers and employees on the provision of reasonable accommodations for PWDs.

Reasonable accommodations are adjustments to the job or work environment that make it possible for employees with disabilities to perform their jobs. For example, providing a hearing loop system for hard-of-hearing employees, and installing ramps for employees needing wheelchairs.

While the contents of the new advisory will not be a part of the upcoming WFL (mentioned above), it will complement the new law. The advisory is aimed to be released around the same time as the introduction of the WFL.

2. Employment Support for Persons with Disabilities

Workforce Singapore has an Employment Support for Persons with Disabilities programme to enhance the employability of PWDs and increase their employment options.

Administered by SG Enable, this programme helps PWDs gain access to funding, career advisory services, training courses and post-placement job support:

• PWDs can establish their job readiness, and identify possible training and career options with career advisory services from SG Enable’s employment coaches and Job Placement and Job Support partners.
• PWDs are also eligible for course fee subsidies of up to 95% for SG Enable’s list of training courses, which have been curated to enhance their employability and employment options
• Training benefits for PWDs are provided by the Workfare Skills Support scheme:
  • A training allowance of $6 per hour for PWDs
  • A training commitment award of $100 per completed course

3. Open Door Programme (ODP)

The Open Door Programme (ODP) provides PWDs with recruitment support, by matching them to suitable jobs and customised post-placement support from trained job coaches for up to one year.

PWDs can also tap on the ODP Training Grant, which provides training allowance and enhanced course fee subsidies, to attend training courses to develop new and existing skillsets and boost their employability.

4. School-to-Work Transition Programme

The School-to-Work Transition Programme supports schooling PWDs who wish to start working. The programme helps students to transition to the workplace by facilitating suitable job training pathways based on their vocational needs for those who have the potential to work.

These training pathways open up training and employment opportunities to final year students, such as internships, and extend for up to one year after graduation.

5. Workfare Income Supplement Scheme

Low-wage PWDs can also supplement their income and retirement savings with the Workfare Income Supplement (WIS) Scheme. The WIS scheme provides cash and CPF payouts to help employed PWDs with their expenditure needs and retirement savings.

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PWDs should be aware of their employment rights and seek help if needed. If you are facing workplace discrimination such as receiving a lower wage pay, you are recommended to consult an employment disputes lawyer for legal advice on your options for resolving the dispute.