Flexible work guidelines face scrutiny over limitations

Singapore’s Tripartite guidelines on handling Flexible Work Arrangement (FWA) requests have drawn the attention of advocacy group Disabled People’s Association. DPA is calling for more comprehensive measures to protect those requesting FWAs from limitations in the assessment process.

“[If] the employer rejects an FWA request, there is no requirement under the new guidelines for the employer to explore alternative options that may still meet the needs of both employer and employee. Rather, under the new guidelines, employers are simply ‘encouraged’ to ‘discuss alternatives with the relevant employee(s) if the FWA request is rejected,’” DPA said.

“In our research and conversations with persons with disabilities, we often receive accounts of rather errant employers that are not easily assuaged, and where an ‘encouragement’ approach often does not lead such employers to do the right thing in meeting the concerns of their employees,” the association said.

The potential for inaccurate assessments of FWA requests

The FWA guidelines give employers the main authority in deciding on FWA requests without mandating them to explore potential agreements that could benefit both the employer and employee. Although employers must explain why they reject an FWA request, the guidelines are vague about what these explanations must include, only stating that the arrangement must be feasible and practical, according to DPA.

The feasibility of an arrangement is assessed based on factors, such as the nature of the job, the ability to adjust other employees’ work schedules, or the need to hire additional staff.

If an employer denies an FWA request as being impractical due to job requirements, the employer is considered compliant with the guidelines even if their evaluation might be inaccurate, as there’s no requirement for them to discuss alternative options with the employee.

“We raise this point because, based on our research and conversations with persons with disabilities, inaccurate and oftentimes prejudicial biases are still prevalent amongst employers and Singapore workplaces,” DPA said.

For the association, the absence of a rule mandating employers to consider alternative flexible work options – when rejecting a request – leaves the decision entirely in the hands of employers. This lack of oversight means there’s no system in place to counteract any unfair or discriminatory judgments that might influence an employer’s decision-making process regarding FWAs.

Under the new guidelines, employers must establish avenues for FWA requests, assess them based on set criteria, and respond within two months, including providing written explanations for rejections.

However, Edric Pan, deputy managing partner and co-head of employment and insurance practices at Dentons Rodyk, explained in the Singapore Business Review that if an employer fails to appropriately address the employee's formal Flexible Work Arrangement (FWA) request or denies it due to personal bias against FWAs, the employee can address their concerns through the organisation's grievance resolution process.

An avenue for requesting flexible work options

In August 2023, DPA noted the need to enshrine reasonable accommodation provisions in the Workforce Singapore Fair Consideration Framework. These provisions would ensure individuals requiring accommodations, such as flexible work options, can access them without facing undue burden or discrimination.

The group, however, sees hope in adhering to the new FWA guidelines , which establish the criteria for assessing requests.

“[The] new Tripartite guidelines present an avenue for persons with disabilities to request FWAs. A common theme from our research and conversations with persons with disabilities is that persons with disabilities are often concerned about even disclosing their need for reasonable accommodations – including FWAs,” the association said. “The new guidelines, if properly mainstreamed in Singapore workplaces, has the potential to relieve some of such concerns and lead to persons with disabilities feeling more comfortable to at least request for FWAs.”