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Letter to TODAY
This is an unedited version.
Prosecute Employers Who Use Illegal and Exploitative Employment Contracts
I refer to the article ‘When it does not add up’ (11/01/09). As a volunteer with local migrant worker NGOs, I have met many foreign workers bound by similar contracts which violate the Employment Act, not to mention international labour laws, governing working hours, rest days and wage rates.
On top of the repressive terms listed in TODAY, some others include:
- Workers’ salaries will be withheld for three months and subject to miscellaneous fee deductions;
- Workers cannot ask for overtime pay, or higher pay for working during holidays;
- Workers do not get paid annual leave or paid medical leave;
- Workers passports and work permits will be kept by their employer.
Workers may also be arbitrarily shifted to work in areas they are not technically trained (thereby exposing them to health and safety risks) and their salaries may fluctuate; so will working conditions and hours of work. Workers are not allowed to complain or vent frustrations in such instances.
Many of these unreasonable terms breach local labour laws and such contracts should be illegal. Yet I have seen many foreign workers enter ‘mediations’ at the Ministry of Manpower and be told: “But you signed the contract”. There is no recognition of the coercion involved when workers are asked to sign contracts at the airport after they have paid extortionate amounts of money to recruitment agents.
Also, a ‘negotiation’ strategy is often favoured during mediations, when what is required is an enforcement of existing legislation. It should not be left to employers to decide whether and when they will or will not comply with the Employment Act, governing items like timely payment of salaries, overtime pay and rest days. What is the point of workers calling and making appointments to see MOM officers only to have to ‘negotiate’ or plead for mere compliance with the law?
The quoted employer attempts to legitimize such unlawful contracts by insinuating such workers must be ‘managed’ and that, as employers, they have spent lots of money training them.
These same workers also spend a lot of money – on their agency fees, ranging from $5-10K. They also have to foot the costs of living expenses (including food, rent, travel) during their required training period in China. In return, upon arrival, they are made to work 7 days a work, 12 hours or more a day, chalking up over 350 hours a month – with no overtime pay, holiday pay or designated rest days.
‘Managing’ large numbers of employees may be challenging and the pressure to complete projects real. But do we allow unethical and illegal business practices to persist regardless? Labour laws exist for a reason – to protect workers from abusive employer practices and ensure certain labour standards are maintained. This is also in the interest of harmonious labour relations, which Singapore prides itself on.
If Singapore is genuine about becoming a “choice destination for migrant workers”, I urge the Ministry of Manpower to take a strong stand against employers and agents who show scant regard for the basic dignity of workers as well as local labour laws. As a first step, publicly meting out the stipulated fines and jail sentences should act as preliminary deterrents. Raising punitive measures, hopefully, will take place in the near future.
Sincerely,
Ms Stephanie Chok
The published letter can be accessed by clicking here.