A Standard Contract for Employers and Employees
In the recent past, quite a variety of contracts have been used to govern the relationship of domestic workers to employers during their terms of service. Most were produced by agencies.
Embassies of countries that supplied workers drafted model standard contracts that incorporated the safeguards for their citizens that they thought were necessary. Groups working with domestic workers have also made efforts to produce fair contracts.
In August 2006, after much discussion, the Association of Employment Agencies (Singapore) and CaseTrust (the two bodies that handle the accreditation of domestic worker employment agencies) issued the text of a new standard contract. It was to be used throughout the agency business from September 15th 2006.
This contract represents a serious effort by the agencies to take account of the interests of both employers and employees, as well as the criticisms made against existing contracts and the arguments advanced in favour of improved protections for the welfare of the workers.
TWC2 has its reservations about this contract: for example, we would like to see a clause protecting the right to privacy of the domestic worker, including the provision of a place where she can keep personal letters and documents without anyone else having access without her permission; eight hours ought to be the minimum period of continuous rest, rather than the recommended time. We also believe that some matters dealt with in the contract could be better tackled through changes in Singapore’s laws, particularly the fixing of a weekly day off as an entitlement of all domestic workers.
Our view is that a standard contract can play a big part in fixing, for employers and employees alike, clear guidelines for their working relationship. It can be a good reference point for both parties in settling differences that might arise between the two of them. For the contract to be a fully effective tool, we think certain conditions should be observed:
Embassies of countries that supplied workers drafted model standard contracts that incorporated the safeguards for their citizens that they thought were necessary. Groups working with domestic workers have also made efforts to produce fair contracts.
In August 2006, after much discussion, the Association of Employment Agencies (Singapore) and CaseTrust (the two bodies that handle the accreditation of domestic worker employment agencies) issued the text of a new standard contract. It was to be used throughout the agency business from September 15th 2006.
This contract represents a serious effort by the agencies to take account of the interests of both employers and employees, as well as the criticisms made against existing contracts and the arguments advanced in favour of improved protections for the welfare of the workers.
TWC2 has its reservations about this contract: for example, we would like to see a clause protecting the right to privacy of the domestic worker, including the provision of a place where she can keep personal letters and documents without anyone else having access without her permission; eight hours ought to be the minimum period of continuous rest, rather than the recommended time. We also believe that some matters dealt with in the contract could be better tackled through changes in Singapore’s laws, particularly the fixing of a weekly day off as an entitlement of all domestic workers.
Our view is that a standard contract can play a big part in fixing, for employers and employees alike, clear guidelines for their working relationship. It can be a good reference point for both parties in settling differences that might arise between the two of them. For the contract to be a fully effective tool, we think certain conditions should be observed:
- It should not be required to do more than a contract reasonably can. The fundamental standards should be set by law or at least, determined by government regulations: these include time for rest, including a day off each week, the right to communicate with the outside world, a minimum level of nutritious food and respect for the religious observances of the worker by the employer. These standards should set the limits of flexibility within contracts. On the other hand, it must be recognised that contracts can’t regulate all the details of a working relationship and it doesn’t make for good ties for employers and employees to be referring all the time to an exhaustive set of rules. Mutual consideration and respect can go a long way to make the relationship harmonious.
- It must be freely agreed by both parties. It is not acceptable for an agency to use threats against a worker to make her accept terms to which she strongly objects - for example, by saying that she will be sent home if she does not consent. This has been a problem in the past; the raising of standards within the industry and the intervention, if necessary, of the Ministry of Manpower, could eliminate it.
- The contract must be enforceable. If either party is, in practice, unable to seek redress because of their economic circumstances, then the contract will be hard to enforce. This is usually a problem for the employee, who typically has no financial reserves and is often under pressure to settle a dispute quickly so that she can earn more money for her family. Progress has been made in recent years in making it easier for workers with complaints to seek redress, but more needs to be done to ensure that workers are not denied justice because of their vulnerable position.