[Singapore] Throwing the book at discriminatory hiring

by Cheow Xin Yi and Ong Dai Lin
04:47 AM Jun 23, 2011

MOM evokes little-known provision against recruitment agency which advertised vacancies for PRs and Employment Pass holders only


SINGAPORE - A little-known provision under the Employment Agencies Act was evoked recently to take a recruitment agency to task for advertising online for permanent residents and Employment Pass holders only.

It is believed to be the first time the law was applied in such a manner.

The clause, found among the 29 sections, bars employment agencies from acting in "a manner detrimental to public interest" or risk suspension.

On Tuesday, Minister of State (Manpower) Tan Chuan-Jin disclosed in a Facebook posting that the Ministry of Manpower (MOM) will issue a warning to the recruitment agency after it had spoken to the firm. Brigadier-General (NS) Tan was alerted by a netizen to the agency's job ad.

In reply to MediaCorp's queries, an MOM spokesperson said the Employment Agencies Licensing Branch investigated the agency - believed to be Antal International - for possible breaches arising from a public complaint.

"Due to the discriminatory nature of the online advertisement, the recruitment agency was considered ... to have acted in a manner which is detrimental to the public's interest," the spokesperson said.

The spokesperson added that the agency was only warned because it has "since taken immediate rectification actions". The MOM did not say how many such warnings it had issued before.

It is not only recruitment agencies that show a preference for certain types of candidates. Some companies have specified in job ads on their websites that only certain nationalities need apply. For instance, Chip Eng Seng Corporation, which was looking for a project manager and an architectural structural coordinator earlier this year, stated on its website it preferred candidates with Indian citizenship. This caused a stir among netizens and the company later removed the ads.

The company did not reply to MediaCorp's queries.

Asked about employers' actions, MOM said they "should recognise the value of hiring on merit, leverage on the synergies that could be derived from a diverse workforce, and not let stereotypes exclude candidates that can do the job". It added that only relevant criteria such as qualifications, skills and experience should be used for job ads.

The Republic uses the "promotional and educational approach" on this issue, with the Tripartite Alliance for Fair Employment Practices (TAFEP) leading the engagement with companies. MOM said members of the public who encounter discriminatory job ads may provide feedback to TAFEP, which will then help these companies to "review and improve their hiring and advertising practices".

Most recruiters MediaCorp spoke to said they were unaware of the rule governing employment agencies. Cornerstone Career Connnections recruiter Kevin Tay said it was common for clients to request for only foreigners, and he has had to stop doing business with those who insist on this.

Singapore Human Resource Institute executive director David Ang said some contracts between recruiters and clients actually require them to find only foreigners - in cases where the company "has done their part in finding Singaporeans" but are unable to do so because of a shortage of locals with relevant skills. "The recruiter should be more precise in their ad and say 'in fulfilling our contract, we're looking for this group of people', something to that effect, so as not to give an impression that they're being discriminatory," he said.

But Mr Tay believes some consultants "will be put on the spot". Said Mr Tay: "As human beings, you can't just change (employers') mindsets easily."

He thinks the law should be extended to employers, to be fair to recruitment firms.

But Mr Josh Goh, assistant director of corporate services at recruitment agency The GMP Group, feels that legislation for employers will not be as effective in the long run as education.

"Companies will go underground and make it even more difficult for the Government to educate companies about their social responsibility," he said.

Member of Parliament and trade unionist Alex Yam said a balance has to be struck: "Not everything should have a stick. We encourage fair employment as a start ... Most companies do that, and we'll try to encourage that."

He added that extra discussions will be needed to see if Antal International can serve as a case study to formulate future policies.


Via: http://www.todayonline.com/Hotnews/EDC110623-0000334/Throwing-the-book-at-discriminatory-hiring