The following article was published by The Online Citizen on 30 November 2011.
~by: Jolovan Wham~
First call for help
In 2005, barely one year after I started my job as a social worker, I received a call from an Indian shipyard worker who complained that he and his colleagues were trapped inside a room and were unable to leave, despite requests to the men who locked them up to release them. Earlier in the day, they were seized and manhandled by several burly men and forced to enter a vehicle. After that, they were driven to a shop house and told they would remain there until their departure to India. I learned from the workers that their employer had decided to cancel their work permits and engaged the services of these men to repatriate them. As we received more of such cases over the years, the migrant worker NGO community started calling companies that engaged in such activities ‘repatriation companies.’ When I received the call for help from that Indian worker, I had no idea what ‘repatriation companies’ were. But I managed to get the address of the place they were locked up in and decided to find out for myself. When I arrived, I spoke with Mr Peter Ng, the owner of A Team Repatriation Services, and he told me that the workers were being terminated because they had ‘attitude’ problems. The workers were all huddled together in a room with mats on the floor for them to lie on. They could move about freely in the premises but were not allowed to leave it. When he refused to let them out even after I had negotiated with him, I decided to call the police for assistance.
The Police and the Ministry of Manpower Respond
When our boys in blue arrived, they laughed at me and said that this company was operating a legitimate business. Immediately, I questioned how confining someone against their will was a legitimate business activity. When I pointed out that the penal code criminalises wrongful confinement, they asked me if I was willing to indemnify the employer’s $5000 security bond if the workers went missing. I argued that the security bond and the wrongful confinement of the workers were 2 separate matters and it was not the responsibility of the police to protect the employer from the forfeiture of the bond. They ignored me, and after exchanging a few cursory remarks with Mr Peter Ng, they left the scene and refused to take any further action.
Since then, the migrant worker NGOs have received calls from many foreign workers, both men and women, who complained of being seized and locked up inside repatriation companies. In 2008, a Chinese construction worker told me that despite repeated phone calls to the police to be released, they refused to take action. When I brought the worker to lodge a complaint against UTR Services Pt Ltd, after he had been confined by them for almost a month, it took a lot of persuasion before the police finally decided to allow the worker to lodge a report. Even after the report was lodged, no further action was taken against the repatriation company.
According to Manpower and Finance Minister Tharman Shanmugaratnam ‘the number of complaints made against the handful of repatriation companies has also remained small over the years. Since 2010, MOM and MHA received seven complaints against three such companies, a fraction of the approximately 16,000 non-domestic work permit holders repatriated to their home countries in that time.’ In an interview with AFP, Ravi, the owner of UTR services Pte Ltd said that his company repatriates an average of 2000 workers a year. Therefore, just because MOM and MHA only received 7 complaints since 2010 does not mean that workers are not aggrieved about being locked up and sent back. In many of these cases, the workers would have been intimidated into submission through threats. They would have been told there is nothing they can do because their work permits have been cancelled. In some other cases, their hand phones were confiscated that they were unable to seek help. Those who pluck up sufficient courage to call the police would have had their pleas fall on deaf ears.
Another incident happened in September last year. A Chinese migrant worker was locked up for 2 days at A Team Repatriation Services. He had a work injury and his employer was unhappy that he was giving her ‘problems’. The worker was told to meet his agent near where he lived to settle any outstanding issues he had with the employer. However, when he arrived, he was caught by men from the repatriation company. When we called the police, they refused to order the repatriation company to release the worker. I pursued this matter all the way to the Attorney General Chambers Office only to be informed by them that they are not taking any further action.
In most of the cases I have handled, I usually sign a letter stating that I would indemnify the employer $5000 should the worker go missing before the repatriation company grants the worker’s request to be released. This year alone, I dealt with at least 3 workers whose cries for help were ignored by the Police. When we brought these workers to lodge complaints for wrongful confinement, they were reluctant to accept them. Had the workers not been accompanied by a Singaporean who insisted the police accept their claim, they would have left without making a report. In parliament last week, Tharman Shanmugaratnam said that ‘the government takes seriously all cases where members of the public, workers or NGOs claim that repatriation agents may have breached the law. If the worker is confined, MOM and the Police will ensure that the worker is not confined against his will and that his issues are addressed in a timely fashion.’
It is impossible for us to take this statement seriously when this is not the response of the authorities to migrant workers on the ground. While MOM will assist the workers with salary and work injury compensation claims, their response towards workers complaining about being locked up is woefully inadequate.
MOM, Police and SCDF to the Rescue?
Last week, the Ministry of Manpower (MOM) together with the Police and the Singapore Civil Defence Force (SCDF) conducted a ‘Joint Proactive Enforcement Inspections on Repatriation Companies’
http://www.mom.gov.sg/newsroom/Pages/PressReleasesDetail.aspx?listid=397
Photos of Joint Inspection on repatriation companies conducted by MOM, SCDF and Police
Source: http://www.facebook.com/media/set/?set=a.259140884135186.60600.103944372988172&type=1
URL: http://theonlinecitizen.com/2011/11/repartriation-companies-manpower-ministers-response-belittles-the-efforts-of-migrant-workers/
In a statement issued by MOM, they said they did not find anyone who was wrongfully confined, or had any outstanding employment issues during the inspection. They also said that ‘MOM and SPF will ensure that anyone who breaks the law will be taken to task. To ensure perpetrators are held accountable for their actions and workers are rendered assistance as soon as possible, foreign workers who are locked up in repatriation premises should contact the Police by calling 999 to seek assistance.’
Platitudes such as this, which urge workers to call the police, sound hollow and empty when they have been trying in vain all these years for the police to take their complaints seriously. Moreover, what was the purpose of this joint inspection? What were the authorities expecting to achieve? Were they hoping to find workers who were wrongfully confined so that the repatriation companies could be prosecuted? If this is so, why have the Police been ignoring workers who call 999 for assistance? Why are they so reluctant to allow workers to lodge complaints of being wrongfully confined after they have been released from the repatriation companies? Just one inspection does not negate the fact that there were many more workers in the past who were confined against their will and forcefully repatriated.
This joint inspection also reveals a poor understanding of the power imbalance between workers, their employers and the repatriation companies. Repatriation companies often use threats of blacklisting, jail and cane for overstaying offences to confine workers against their will. Did the enforcement officers interview the workers in the premises of the repatriation company, or worse still in the presence of the repatriation company staff? Were the workers brought to a neutral place to be interviewed with translators who spoke their language to find out why they were living there, and how they ended up there? How was the inspection conducted, how were the questions asked, and what kinds of questions were asked? To conclude that ‘no infringements were detected’ based on just one inspection conveniently ignores and belittles the efforts of migrant workers and all those in the NGO community who have tried unsuccessfully for years to persuade the authorities to take the issue of wrongful confinement more seriously.
Why Repatriation Companies Continue to Exist
On November 19th, Channel News Asia reported that an average of 3 workers a week went missing and some employers were even offering rewards for missing workers who were found. Employers go to great lengths to locate missing workers because they fear losing their $5000 security bond. I have no doubt that repatriation companies will soon go out of business if MOM and ICA did not impose security bond requirements on employers. Workers do not decide to run away and risk being jailed and caned for overstaying offences because they enjoy annoying their employers and getting caught by the authorities. Many of them have strong ties with their own communities with loved ones back home to support. Poor employer-employee relations, ineffective dispute resolution methods and exploitation are the key reasons many workers decide to abscond. They often complain of employers who assault, verbally abuse them, and terminate their services when they bargain for better working and living conditions, or when they make enquiries regarding their salary or other employment related issues. Some employers insist on repatriating their workers even though the worker in question had paid thousands of dollars in agent fees and has not earned enough to recover his or her losses.
Singapore’s employment laws, which do not provide effective redress for wrongful dismissals, and allow the unilateral cancellation of work permits by employers, are among the reasons workers leave their employers after a dispute. The $5000 security bond condition imposed on employers is a punitive method of controlling workers, places an unfair burden on employers, and does not deal with the root causes of workers who decide to abscond. If employers are worried about this, they should recruit workers through ethical channels, pay them properly, and handle work place conflicts professionally. Progressive labour laws and proactive regulatory oversight over exploitative practices will also provide better protection to migrant workers and reduce risks of workers ‘running away.’
Repatriation companies and security bonds exist because we want cheap labour but refuse to deal with the problems which are a result of treating human beings as exchangeable commodities, other than taking short cuts and punitive measures to resolve them. The political will to close them down is weak because the authorities are convinced that repatriation companies play a useful social control function. It is easy for politicians and bureaucrats to turn a blind eye to this because for every foreign worker who has to suffer the indignity of being captured, confined and forcefully repatriated, for every foreign worker whose dream of a better life is shattered, there are a thousand more waiting in line for an opportunity to work here.
–
Jolovan Wham is the Executive Director of Humanitarian Organisation for Migration Economics (HOME) which responds to the special needs of migrant communities.
Wednesday, November 30, 2011
New bank scheme for Indonesian maids
Employers will not need to pay placement fee upfront if it takes off
Straits Times, Published on Nov 30, 2011
By Amanda Tan
Photo caption: Indonesian maids have to pay a placement fee that averages $3,000 when they come to Singapore. Maid agencies here can also charge a commission of up to two months of the maid's pay as part of the placement fee. -- ST PHOTO: NURIA LING
INDONESIAN maids working here will get to keep more of their salaries in their first few months here, if a new banking scheme by the Indonesian government takes off.
Employers will also no longer need to foot the maid's placement fees first, so there is a lower risk of losing money if the maid disappears.
The maids can also use the scheme to save money or make use of micro-loans to start small businesses when they go back to Indonesia.
The scheme is being billed as the People Business Credit for Indonesian Migrant Workers. In Singapore, Bank Negara Indonesia (BNI) will manage it.
A briefing on the scheme was held at the Indonesian Embassy here on Monday. About 175 people attended, including representatives from the bank, employment agencies and the Manpower Ministry.
Mr Fahmi Aris, the first secretary at the Indonesian Embassy here, said the Coordinating Ministry for Economic Affairs in Indonesia is in charge of the scheme.
Mr Edy Awaludin, vice-president of the retail business division at BNI in Jakarta, told The Straits Times that the scheme is likely to be made available early next year. He said Singapore will be the first country to implement it.
The initiative comes at a time when Indonesia is facing pressure to improve the welfare of its migrant workers, following reports of maid abuse.
There are about 201,000 maids in Singapore, the majority of whom are from Indonesia and the Philippines.
Maids have to pay a placement fee when they come to Singapore. This averages $3,000 for Indonesians and includes fees for Indonesian recruiters, medical check-ups and processing of documents.
Maid agencies here can also charge a commission of up to two months of the maid's pay as part of the placement fee.
Currently, employers here pay that placement fee to agencies here when the maid arrives. To recover that amount, they pay the maid only a small proportion of their salary - often $10 or $20 - for the first eight months or so, before the maids start getting their full pay.
Under the new scheme, maids will set up an account with BNI, which can pay the placement fee on their behalf first.
Mr Fahmi said this will do away with the local agents who used to facilitate the loan process, as well as their commission, thus reducing the placement fee amount.
The bank will stretch out the repayment period, so less of the maid's salary needs to be deducted each month, leaving her with more money to spare.
Details like interest rates and how the salaries will be deposited into the account are being worked out.
Mr Fahmi added: 'Allowing them to earn some money each month gives them more motivation to work.'
Ms K. Jayaprema, president of the Association of Employment Agencies (Singapore), was supportive of the scheme. She said that having a bank account will encourage maids to save and when they go home, they can start small businesses.
'Currently, most maids do not have bank accounts. They keep their salary or they will remit it home and very often, it will be squandered by the time they return,' she added.
At Monday's briefing, however, agents pointed out that there is just one BNI branch here and asked if it would be able to cope. Others asked if the bank would require a minimum deposit.
Mr Jolovan Wham, executive director of welfare group Humanitarian Organisation for Migration Economics, said the scheme does not solve the fundamental problem of hefty placement fees, in part hiked by middlemen during the recruitment process.
'At the end of the day, they still have to shoulder the burden of a loan,' he said.
Indonesian helper Sulis, 25, liked the savings aspect of the scheme. 'If the maids have money, they will just spend it. It's good to have some savings here so they can have opportunities when they go home,' she said.
Straits Times, Published on Nov 30, 2011
By Amanda Tan
Photo caption: Indonesian maids have to pay a placement fee that averages $3,000 when they come to Singapore. Maid agencies here can also charge a commission of up to two months of the maid's pay as part of the placement fee. -- ST PHOTO: NURIA LINGINDONESIAN maids working here will get to keep more of their salaries in their first few months here, if a new banking scheme by the Indonesian government takes off.
Employers will also no longer need to foot the maid's placement fees first, so there is a lower risk of losing money if the maid disappears.
The maids can also use the scheme to save money or make use of micro-loans to start small businesses when they go back to Indonesia.
The scheme is being billed as the People Business Credit for Indonesian Migrant Workers. In Singapore, Bank Negara Indonesia (BNI) will manage it.
A briefing on the scheme was held at the Indonesian Embassy here on Monday. About 175 people attended, including representatives from the bank, employment agencies and the Manpower Ministry.
Mr Fahmi Aris, the first secretary at the Indonesian Embassy here, said the Coordinating Ministry for Economic Affairs in Indonesia is in charge of the scheme.
Mr Edy Awaludin, vice-president of the retail business division at BNI in Jakarta, told The Straits Times that the scheme is likely to be made available early next year. He said Singapore will be the first country to implement it.
The initiative comes at a time when Indonesia is facing pressure to improve the welfare of its migrant workers, following reports of maid abuse.
There are about 201,000 maids in Singapore, the majority of whom are from Indonesia and the Philippines.
Maids have to pay a placement fee when they come to Singapore. This averages $3,000 for Indonesians and includes fees for Indonesian recruiters, medical check-ups and processing of documents.
Maid agencies here can also charge a commission of up to two months of the maid's pay as part of the placement fee.
Currently, employers here pay that placement fee to agencies here when the maid arrives. To recover that amount, they pay the maid only a small proportion of their salary - often $10 or $20 - for the first eight months or so, before the maids start getting their full pay.
Under the new scheme, maids will set up an account with BNI, which can pay the placement fee on their behalf first.
Mr Fahmi said this will do away with the local agents who used to facilitate the loan process, as well as their commission, thus reducing the placement fee amount.
The bank will stretch out the repayment period, so less of the maid's salary needs to be deducted each month, leaving her with more money to spare.
Details like interest rates and how the salaries will be deposited into the account are being worked out.
Mr Fahmi added: 'Allowing them to earn some money each month gives them more motivation to work.'
Ms K. Jayaprema, president of the Association of Employment Agencies (Singapore), was supportive of the scheme. She said that having a bank account will encourage maids to save and when they go home, they can start small businesses.
'Currently, most maids do not have bank accounts. They keep their salary or they will remit it home and very often, it will be squandered by the time they return,' she added.
At Monday's briefing, however, agents pointed out that there is just one BNI branch here and asked if it would be able to cope. Others asked if the bank would require a minimum deposit.
Mr Jolovan Wham, executive director of welfare group Humanitarian Organisation for Migration Economics, said the scheme does not solve the fundamental problem of hefty placement fees, in part hiked by middlemen during the recruitment process.
'At the end of the day, they still have to shoulder the burden of a loan,' he said.
Indonesian helper Sulis, 25, liked the savings aspect of the scheme. 'If the maids have money, they will just spend it. It's good to have some savings here so they can have opportunities when they go home,' she said.
Tuesday, November 29, 2011
Jail for bosses who mistreat workers, says judge
The following article was published by Yawning Bread on 29 November 2011.
In a landmark judgement from the High Court, Justice V K Rajah not only dismissed the appeal of an employer who caused great suffering to over 600 foreign workers, but stated for the record that employers who “persistently” mistreated their workers, or even engaged in “a single serious transgression” should be jailed.
In so doing, he gently chided the prosecution for not appealing the light sentences meted out by the magistrate in a lower court. If the prosecution had appealed, he would have increased them, the judge said.
Having lost his appeal, Paul Lee Chiang Theng will now have to serve his four weeks’ sentence. He has already paid the fine.
Mohamed Kamaluddin, one of the over 600 workers, died as a result of the Paul Lee’s neglect.
Here is a video made by Shelley Thio, and executive committee member of Transient Workers Count Too around the time the workers appealed for help when a few of them of them came down with chicken pox in their crowded quarters.
The background
Paul Lee registered two companies in 2008. Goldrich Venture was incorporated in March 2008 and Gates Offshore in May the same year. He had received assurances from a shipyard, Halcyon, that there would be large projects in hand.
Under Goldrich, he brought in 187 workers, the bulk of whom arrived between April and July 2008. Even though these workers had no work — the early promises from Halcyon did not mterialise — he brought in a further 431 workers under Gates Offshore, most arriving August to November.
By January 2009, Kamaluddin was dead. The Online Citizen and Deborah Choo carried the story.
The 618 workers from Bangladesh were housed in unacceptably crowded and inadequate spaces, as you would have seen from the video. They reported that they got only two meals a day. Most crucially, they had no work, and no pay.
Also evident from the video was the attitude of the police. According to the men interviewed, the police had been called several times; they came, took a look and went off each time. Until someone died. This is consistent with what I had said in an earlier article, Crime and Ambivalence — the police don’t see any crime being committed even when workers are treated worse than animals. There is something very wrong with the so-called law enforcers in Singapore.
Paul Lee Chiang Theng (above) faced a total of 100 charges under the Employment of Foreign Manpower Act (EFMA), to wit:
* 7 charges for failing to provide acceptable accommodation (he pleaded guilty to 2, with 5 charges taken into consideration for sentencing)
* 20 charges for employing workers without valid Work Permits (he pleaded guilty to 7, with 13 taken into consideration).
* 73 charges for failing to pay salaries on time (he pleaded guilty to 24, with 49 charges taken into consideration for sentencing)
Later, at the appeal stage, Justice V K Rajah noted that “Although the Appellant had failed to pay salaries to most of his 610 workers, the Prosecution only charged the Appellant with regard to 73 workers with the Appellant pleading guilty to 24 of the salary charges and the other 49 salary charges taken into consideration for the purposes of sentencing.” The same could be pointed out about the accommodation charges.
Lee had been sentenced by the lower court thus:
* Fined $4,000 for each of the accommodation and Work Permit charges he pleaded guilty to (total $36,000)
* Sentenced to four weeks’ imprisonment for the salary charges
Not wanting to go to jail, Lee then appealed against the prison sentence.
Salaries now paid up, according to Lee
Justice V K Rajah noted that after the case came to light, Lee “was able . . . to pay all the salaries, the transport cost of the repatriation, and an additional cash allowance of $500 per worker.” The cash came from insurers, to which Lee is now indebted, but here’s the funny thing — the figures cited by the judge amounted to only $1,445,200. Divided by 618 workers, it meant just $2,338 per worker.
If one deducts from there the $500 ex-gratia payment and the cost of airfare back to Bangladesh (about $800), that leaves just $1,000 for salaries per worker. On average, the workers had been in Singapore for about five months (some as long as nine months), so it seems to work out to $200 per month per worker in salary. This does not sound right.
High court’s observations
As noted above, the appeal judge rejected Lee’s appeal, affirming the 4-week jail sentence. The fines levied by the magistrate’s court were not under appeal.
What is noteworthy is that V K Rajah made a number of observational statements in his written judgement (Click here for full version. Ref: Lee Chiang Theng vs Public Prosecutor 2011, SGHC252), which may be useful in future cases for sentencing purposes. These include:
22. On appeal, the Appellant argued that he never profited from the workers, but in fact, suffered heavy financial burdens in paying for the workers’ lodging, food and allowances. He claimed that the workers were not paid salaries because there were no jobs for the workers and this was, he alleged, a factor beyond his control.
This is a common excuse used by employers, who often take the position that when their employees are not assigned any work, no wages are earned. This is illegal. There is still the basic salary that has to be paid. Moreover, employers often pro-rate the monthly basic salary by the number of days that they had work for their men. Foreign workers often report that in such-and-such a month, the boss didn’t assign work for, say, 16 or 17 days, and then cut their basic salary by 16/26 or 17/26 (assuming 26 weekdays in a month). This too is illegal.
The appeal judge made it clear that Lee, as employer
28 . . . was legally bound to pay the salaries of the workers that he brought into Singapore regardless of whether Halcyon actually provided jobs for them.
It was a point the judge reiterated further down in his written decision, saying, that the welfare of workers
34 . . is a legal responsibility that cannot be shirked or excused by a deteriorating economic climate or by defaulting business partners. This legal responsibility is even more significant when the foreign workers are of particular vulnerability, ie, where they are unskilled workers with little bargaining power and unable to fend for themselves.
The judge then observed, and in doing so, provided guidance for future cases:
33. As there is a lack of clear precedents regarding the consequences arising from the commission of the offences under the EFMA, it is important to emphasise that employers who persistently fail to discharge their legal responsibilities towards foreign workers will ordinarily have custodial sentences imposed on them. I ought to also emphasise that a single serious transgression in relation to this genre of offences might also attract a custodial sentence. When precisely the custody threshold is crossed will necessarily have to be fact centric. The seriousness of the offence will of course be exacerbated when a large number of foreign workers are brought in and the employer fails to fulfil his legal responsibilities towards them. Other possible aggravating considerations are, inter alia:
(a) a persistent failure by an employer to discharge his responsibilities, eg, the employer has been in continuous breach for an extensive period of time with no efforts of rectification,
(b) an employer’s failure to discharge its responsibility that renders the employee susceptible to physical harm or otherwise results in a situation that compromises the worker’s overall welfare or well being, and
(c) an employer’s cumulative commission of various offences under the EFMA or different conditions in the work permit with regard to the same worker (eg, failing to pay the salary and housing the worker in unacceptable conditions).
The appeal judge took the opportunity to express his disagreement with the lenient sentences given by the lower court. With respect to the accommodation offences, for which Lee was only fined,
39 . . . I viewed the Appellant’s failure to discharge his obligation in providing acceptable accommodation much more seriously [than the lower court] – such breaches that expose and cause physical harm to one’s employees deserve a custodial sentence to reflect the abhorrence towards such offences. In my opinion, had the Prosecution appealed, the accommodation charges would have attracted a custodial sentence in order to be commensurate with the severity of the harm caused and the level of general deterrence required.
With respect to the salary offences, the jail sentence for which was the subject of appeal,
41. Therefore, it could not be said that a sentence of one week’s imprisonment per charge with four charges to run consecutively was manifestly excessive. Indeed, given the number of workers involved here the sentence ought to have been heavier.
In conclusion, Justice V K Rajah emphasised that employers of foreign workers have serious responsibilities and
42 . . . A serious failure to discharge these responsibilities, ie, in relation to the payment of salaries; the statutory levies due; or the provision of suitable accommodation will ordinarily attract a custodial sentence.
And then ruled that the magistrate’s lenient sentences should not be used again as guiding precedents.
43 . . . Perhaps I should also make plain that the custodial sentence given in these proceedings should not be viewed as the benchmark for similar offending conduct. Had there been an appeal to enhance the sentences, I would have been inclined to significantly increase the term of imprisonment.
Altogether, the appeal judge made this point — that stiffer sentences would have been appropriate — several times in his written decision. The court’s guideline for future cases could not be clearer.
URL: http://yawningbread.wordpress.com/2011/11/29/jail-for-bosses-who-mistreat-workers-says-judge/
In a landmark judgement from the High Court, Justice V K Rajah not only dismissed the appeal of an employer who caused great suffering to over 600 foreign workers, but stated for the record that employers who “persistently” mistreated their workers, or even engaged in “a single serious transgression” should be jailed.
In so doing, he gently chided the prosecution for not appealing the light sentences meted out by the magistrate in a lower court. If the prosecution had appealed, he would have increased them, the judge said.
Having lost his appeal, Paul Lee Chiang Theng will now have to serve his four weeks’ sentence. He has already paid the fine.
Mohamed Kamaluddin, one of the over 600 workers, died as a result of the Paul Lee’s neglect.
Here is a video made by Shelley Thio, and executive committee member of Transient Workers Count Too around the time the workers appealed for help when a few of them of them came down with chicken pox in their crowded quarters.
The background
Paul Lee registered two companies in 2008. Goldrich Venture was incorporated in March 2008 and Gates Offshore in May the same year. He had received assurances from a shipyard, Halcyon, that there would be large projects in hand.
Under Goldrich, he brought in 187 workers, the bulk of whom arrived between April and July 2008. Even though these workers had no work — the early promises from Halcyon did not mterialise — he brought in a further 431 workers under Gates Offshore, most arriving August to November.
By January 2009, Kamaluddin was dead. The Online Citizen and Deborah Choo carried the story.
The 618 workers from Bangladesh were housed in unacceptably crowded and inadequate spaces, as you would have seen from the video. They reported that they got only two meals a day. Most crucially, they had no work, and no pay.
Also evident from the video was the attitude of the police. According to the men interviewed, the police had been called several times; they came, took a look and went off each time. Until someone died. This is consistent with what I had said in an earlier article, Crime and Ambivalence — the police don’t see any crime being committed even when workers are treated worse than animals. There is something very wrong with the so-called law enforcers in Singapore.
Paul Lee Chiang Theng (above) faced a total of 100 charges under the Employment of Foreign Manpower Act (EFMA), to wit:
* 7 charges for failing to provide acceptable accommodation (he pleaded guilty to 2, with 5 charges taken into consideration for sentencing)
* 20 charges for employing workers without valid Work Permits (he pleaded guilty to 7, with 13 taken into consideration).
* 73 charges for failing to pay salaries on time (he pleaded guilty to 24, with 49 charges taken into consideration for sentencing)
Later, at the appeal stage, Justice V K Rajah noted that “Although the Appellant had failed to pay salaries to most of his 610 workers, the Prosecution only charged the Appellant with regard to 73 workers with the Appellant pleading guilty to 24 of the salary charges and the other 49 salary charges taken into consideration for the purposes of sentencing.” The same could be pointed out about the accommodation charges.
Lee had been sentenced by the lower court thus:
* Fined $4,000 for each of the accommodation and Work Permit charges he pleaded guilty to (total $36,000)
* Sentenced to four weeks’ imprisonment for the salary charges
Not wanting to go to jail, Lee then appealed against the prison sentence.
Salaries now paid up, according to Lee
Justice V K Rajah noted that after the case came to light, Lee “was able . . . to pay all the salaries, the transport cost of the repatriation, and an additional cash allowance of $500 per worker.” The cash came from insurers, to which Lee is now indebted, but here’s the funny thing — the figures cited by the judge amounted to only $1,445,200. Divided by 618 workers, it meant just $2,338 per worker.
If one deducts from there the $500 ex-gratia payment and the cost of airfare back to Bangladesh (about $800), that leaves just $1,000 for salaries per worker. On average, the workers had been in Singapore for about five months (some as long as nine months), so it seems to work out to $200 per month per worker in salary. This does not sound right.
High court’s observations
As noted above, the appeal judge rejected Lee’s appeal, affirming the 4-week jail sentence. The fines levied by the magistrate’s court were not under appeal.
What is noteworthy is that V K Rajah made a number of observational statements in his written judgement (Click here for full version. Ref: Lee Chiang Theng vs Public Prosecutor 2011, SGHC252), which may be useful in future cases for sentencing purposes. These include:
22. On appeal, the Appellant argued that he never profited from the workers, but in fact, suffered heavy financial burdens in paying for the workers’ lodging, food and allowances. He claimed that the workers were not paid salaries because there were no jobs for the workers and this was, he alleged, a factor beyond his control.
This is a common excuse used by employers, who often take the position that when their employees are not assigned any work, no wages are earned. This is illegal. There is still the basic salary that has to be paid. Moreover, employers often pro-rate the monthly basic salary by the number of days that they had work for their men. Foreign workers often report that in such-and-such a month, the boss didn’t assign work for, say, 16 or 17 days, and then cut their basic salary by 16/26 or 17/26 (assuming 26 weekdays in a month). This too is illegal.
The appeal judge made it clear that Lee, as employer
28 . . . was legally bound to pay the salaries of the workers that he brought into Singapore regardless of whether Halcyon actually provided jobs for them.
It was a point the judge reiterated further down in his written decision, saying, that the welfare of workers
34 . . is a legal responsibility that cannot be shirked or excused by a deteriorating economic climate or by defaulting business partners. This legal responsibility is even more significant when the foreign workers are of particular vulnerability, ie, where they are unskilled workers with little bargaining power and unable to fend for themselves.
The judge then observed, and in doing so, provided guidance for future cases:
33. As there is a lack of clear precedents regarding the consequences arising from the commission of the offences under the EFMA, it is important to emphasise that employers who persistently fail to discharge their legal responsibilities towards foreign workers will ordinarily have custodial sentences imposed on them. I ought to also emphasise that a single serious transgression in relation to this genre of offences might also attract a custodial sentence. When precisely the custody threshold is crossed will necessarily have to be fact centric. The seriousness of the offence will of course be exacerbated when a large number of foreign workers are brought in and the employer fails to fulfil his legal responsibilities towards them. Other possible aggravating considerations are, inter alia:
(a) a persistent failure by an employer to discharge his responsibilities, eg, the employer has been in continuous breach for an extensive period of time with no efforts of rectification,
(b) an employer’s failure to discharge its responsibility that renders the employee susceptible to physical harm or otherwise results in a situation that compromises the worker’s overall welfare or well being, and
(c) an employer’s cumulative commission of various offences under the EFMA or different conditions in the work permit with regard to the same worker (eg, failing to pay the salary and housing the worker in unacceptable conditions).
The appeal judge took the opportunity to express his disagreement with the lenient sentences given by the lower court. With respect to the accommodation offences, for which Lee was only fined,
39 . . . I viewed the Appellant’s failure to discharge his obligation in providing acceptable accommodation much more seriously [than the lower court] – such breaches that expose and cause physical harm to one’s employees deserve a custodial sentence to reflect the abhorrence towards such offences. In my opinion, had the Prosecution appealed, the accommodation charges would have attracted a custodial sentence in order to be commensurate with the severity of the harm caused and the level of general deterrence required.
With respect to the salary offences, the jail sentence for which was the subject of appeal,
41. Therefore, it could not be said that a sentence of one week’s imprisonment per charge with four charges to run consecutively was manifestly excessive. Indeed, given the number of workers involved here the sentence ought to have been heavier.
In conclusion, Justice V K Rajah emphasised that employers of foreign workers have serious responsibilities and
42 . . . A serious failure to discharge these responsibilities, ie, in relation to the payment of salaries; the statutory levies due; or the provision of suitable accommodation will ordinarily attract a custodial sentence.
And then ruled that the magistrate’s lenient sentences should not be used again as guiding precedents.
43 . . . Perhaps I should also make plain that the custodial sentence given in these proceedings should not be viewed as the benchmark for similar offending conduct. Had there been an appeal to enhance the sentences, I would have been inclined to significantly increase the term of imprisonment.
Altogether, the appeal judge made this point — that stiffer sentences would have been appropriate — several times in his written decision. The court’s guideline for future cases could not be clearer.
URL: http://yawningbread.wordpress.com/2011/11/29/jail-for-bosses-who-mistreat-workers-says-judge/
Website for employers 'violates' privacy of maids
Posts of workers' alleged misdeeds breach their rights by giving personal details, says help group
Straits Times, Published on Nov 29, 2011
By Lin Wenjian
A WEBSITE where employers can post the alleged misdeeds of their maids has drawn flak from a migrant worker rights' group, which says their privacy is being invaded.
Last week, Mr Jolovan Wham, executive director of the Humanitarian Organisation for Migration Economics (Home), claimed that the site violated 'the rights and privacy' of maids by revealing details such as their names, and work permit and passport numbers.
This information appears along with lengthy posts of the maids' alleged misdeeds, under a section called 'Maid Reviews', on the site http://singaporemaid.blogspot.com
Describing it as a 'gross violation' in a Facebook post, Mr Wham called for the site to be removed.
Responding to queries from The Straits Times about the site, the Ministry of Manpower (MOM) yesterday said it does not encourage employers to publish comments about their maids on their Facebook pages or blogs.
Instead, it urges both employers and maids to approach the ministry for help when conflicts arise.
A spokesman added that there are also 'civil routes for redress for the aggrieved party if the comments are defamatory, or in breach of a duty of confidence'.
The site was created by a 'full-time working mother in Singapore' who calls herself 'Tamarind'. It has six sections, including one that lists maid-related news articles. It is not clear when the blog went live.
'Tamarind' also writes regularly on subjects like how to select and manage maids. These pieces often attract comments - mostly agreeing with her - from as many as 30 readers.
She did not respond to efforts to contact her yesterday.
But in a report by The New Paper last year, she said she has not been sued nor received legal complaints from maids. She added that by warning others of her bad experiences, she was being 'ethical'.
Mr Wham, however, said the allegations listed by the employers were not verified.
He added that he had told a volunteer about the site and that her husband had written to MOM about it last month.
Home is monitoring the blog and is consulting its lawyers to explore possible courses of action, he said, but declined to give details.
Lawyer Chia Boon Teck said a maid can engage a lawyer to take legal action against her employer if she is wrongly accused of misdeeds, but recourse will not be easy.
'The maid may not be able to afford a lawyer, and it may not be easy for her to quantify her loss,' he said.
He added that there is 'no general legal duty to protect the personal particulars of another person'.
The maid may have legal recourse against a blogger for revealing her particulars only if they have a contractual relationship that contains a provision obliging the blogger to keep the maid's particulars confidential, he said. Such a provision, he added, is highly unlikely.
Lecturer Sandra Ng, 37, who uses the blog as a reference, thinks it is fair and does not contain offensive content.
Madam Ng, who has a maid, said it is common for blogs to contain photos. She added: 'It is essentially a site to help potential employers.'
MP Christopher de Souza, deputy chairman of the Government Parliamentary Committee for Manpower, said maids are not in an equal bargaining position when employers make negative comments about them online.
'If what is written about the maids is untrue, then it is extremely unfair as they will have no avenues to clarify their positions,' said Mr de Souza, who was alerted to the blog by a member of the public.
Mr Gary Chin, managing director of Nation Employment, also felt maids were at a disadvantage as they could not reply to the comments.
He said most employers still turn to agencies when they have problems with their maids.
Ms Nelly Baggay, 30, a Filipino maid who came here to work in 2007, said: 'If employers are not happy, they can tell us. If they write bad things about us in blogs, then it will be very hard for us to transfer to other employers.'
***
BACKGROUND STORY
Watching your maid's diet
On how much food a maid should have, Tamarind wrote in a post:
'I think as employers, we have to decide how much food is enough. We cannot be supplying unlimited food to our maid. Personally, this is what I would let my maid eat for lunch or dinner:
* 1. Up to two bowls of white rice
* 2. Up to two pieces of chicken/fish that is palm size
* 3. An egg
* 4. As much vegetables as she can eat
* 5. An apple, orange or banana
For breakfast, I will let her eat up to four pieces of bread and Milo or coffee. If my maid can eat all the above, I don't even bother giving her any snacks. I believe that she already has more than enough nutrition.
Just make sure that you give her enough food during meals, especially meat, then you have already done your best as an employer. Take a video of what you are serving her. There is no need to worry.'
Straits Times, Published on Nov 29, 2011
By Lin Wenjian
A WEBSITE where employers can post the alleged misdeeds of their maids has drawn flak from a migrant worker rights' group, which says their privacy is being invaded.
Last week, Mr Jolovan Wham, executive director of the Humanitarian Organisation for Migration Economics (Home), claimed that the site violated 'the rights and privacy' of maids by revealing details such as their names, and work permit and passport numbers.
This information appears along with lengthy posts of the maids' alleged misdeeds, under a section called 'Maid Reviews', on the site http://singaporemaid.blogspot.com
Describing it as a 'gross violation' in a Facebook post, Mr Wham called for the site to be removed.
Responding to queries from The Straits Times about the site, the Ministry of Manpower (MOM) yesterday said it does not encourage employers to publish comments about their maids on their Facebook pages or blogs.
Instead, it urges both employers and maids to approach the ministry for help when conflicts arise.
A spokesman added that there are also 'civil routes for redress for the aggrieved party if the comments are defamatory, or in breach of a duty of confidence'.
The site was created by a 'full-time working mother in Singapore' who calls herself 'Tamarind'. It has six sections, including one that lists maid-related news articles. It is not clear when the blog went live.
'Tamarind' also writes regularly on subjects like how to select and manage maids. These pieces often attract comments - mostly agreeing with her - from as many as 30 readers.
She did not respond to efforts to contact her yesterday.
But in a report by The New Paper last year, she said she has not been sued nor received legal complaints from maids. She added that by warning others of her bad experiences, she was being 'ethical'.
Mr Wham, however, said the allegations listed by the employers were not verified.
He added that he had told a volunteer about the site and that her husband had written to MOM about it last month.
Home is monitoring the blog and is consulting its lawyers to explore possible courses of action, he said, but declined to give details.
Lawyer Chia Boon Teck said a maid can engage a lawyer to take legal action against her employer if she is wrongly accused of misdeeds, but recourse will not be easy.
'The maid may not be able to afford a lawyer, and it may not be easy for her to quantify her loss,' he said.
He added that there is 'no general legal duty to protect the personal particulars of another person'.
The maid may have legal recourse against a blogger for revealing her particulars only if they have a contractual relationship that contains a provision obliging the blogger to keep the maid's particulars confidential, he said. Such a provision, he added, is highly unlikely.
Lecturer Sandra Ng, 37, who uses the blog as a reference, thinks it is fair and does not contain offensive content.
Madam Ng, who has a maid, said it is common for blogs to contain photos. She added: 'It is essentially a site to help potential employers.'
MP Christopher de Souza, deputy chairman of the Government Parliamentary Committee for Manpower, said maids are not in an equal bargaining position when employers make negative comments about them online.
'If what is written about the maids is untrue, then it is extremely unfair as they will have no avenues to clarify their positions,' said Mr de Souza, who was alerted to the blog by a member of the public.
Mr Gary Chin, managing director of Nation Employment, also felt maids were at a disadvantage as they could not reply to the comments.
He said most employers still turn to agencies when they have problems with their maids.
Ms Nelly Baggay, 30, a Filipino maid who came here to work in 2007, said: 'If employers are not happy, they can tell us. If they write bad things about us in blogs, then it will be very hard for us to transfer to other employers.'
***
BACKGROUND STORY
Watching your maid's diet
On how much food a maid should have, Tamarind wrote in a post:
'I think as employers, we have to decide how much food is enough. We cannot be supplying unlimited food to our maid. Personally, this is what I would let my maid eat for lunch or dinner:
* 1. Up to two bowls of white rice
* 2. Up to two pieces of chicken/fish that is palm size
* 3. An egg
* 4. As much vegetables as she can eat
* 5. An apple, orange or banana
For breakfast, I will let her eat up to four pieces of bread and Milo or coffee. If my maid can eat all the above, I don't even bother giving her any snacks. I believe that she already has more than enough nutrition.
Just make sure that you give her enough food during meals, especially meat, then you have already done your best as an employer. Take a video of what you are serving her. There is no need to worry.'
Sunday, November 27, 2011
HOME to set up anti-human trafficking centre in S'pore
CNA, By Imelda Saad | Posted: 27 November 2011 0029 hrs
SINGAPORE: Plans are underway for a one-stop resource and help centre for human trafficking in Singapore. Led by the Humanitarian Organisation for Migration Economics (HOME), the initiative marks another step towards Singapore's effort to address the problem.
Last year, the Singapore government set up the Inter-Agency Taskforce on Trafficking in Persons (TIP). By mid-2012, the taskforce will come up with a National Plan of Action against human trafficking.
The plan of action will cover four areas: Prevention of TIP; Prosecution of offenders; Protection of victims; and Partnership with other countries, NGOs, embassies and private sector. The plan will guide the government in taking steps to establish the required processes to fight TIP and raise awareness on the problem.
As an open and cosmopolitan city, Singapore has become a convenient point of transit and destination for human trafficking in the region.
Anis Hidayah, executive director of the Indonesian Association of Migrant Workers Sovereignty, said: "Singapore is a destination... Not only a destination but also a transit (point) because (it is) near Johor Bahru, near other places in Malaysia.
"Before the Indonesian women are sent to Malaysia, sometimes they go to Singapore first, and then go by land, by bus or other transportation to Johor Bahru. Not only sex workers but child labourers and domestic workers."
Social workers at a regional forum in Singapore said they want to see stronger cross border cooperation among law enforcement agencies. Non-government organisation HOME hopes its Anti-Human Trafficking Centre can be an impetus for an ASEAN-NGO collaboration.
Bridget Tan, founder of HOME, said: "We need to have a dedicated team of people employed to run this centre with services like a toll-free emergency hotline, that allows for trafficked victims to speak to persons who can speak their languages.
"We are (also) looking at capacity building, because at this moment, even the definition of trafficking and identification of victims is still quite difficult and there is a lot of confusion about what trafficking is all about.
"This resource centre would also employ a consultant who is an expert on international laws, human right laws, on trafficking laws, to help us in the training and the building of capacity of stakeholders."
HOME hopes to establish the centre by next year.
Trafficking in Persons can take the form of sex, labour or organ trafficking. In Singapore, organ trafficking is a "negligible problem". So the Inter-Agency Taskforce on Trafficking in Persons is focusing its efforts on sex and labour trafficking.
A recent US State Department report had indicated that authorities here can do more to prosecute offenders.
But there are challenges. It has been reported that the police had investigated 50 alleged sex trafficking cases last year, of which only seven led to arrests and prosecutions.
Jacqueline Poh, co-chair of the Inter-Agency Taskforce on Trafficking in Persons, said: "One is the inherent difficulty of establishing the act, means and purpose for sex and labour trafficking cases. Even in a country as large as the US, they prosecuted 103 cases, of which 71 are sex trafficking and 32 fell under the category of labour trafficking in 2010.
"In our consultations with international experts, including the TIP office in the US State Department, we found a general recognition that labour trafficking is particularly hard to pin down. There is no clear-cut test. Rather, many grey areas remain."
"Before a labour trafficking case can be made out, we need to establish several components. Contract substitution in itself does not constitute forced labour. Passport withholding alone does not constitute forced labour. Coercion by employers alone does not constitute forced labour. All these factors need to be coupled with other factors on a case-by-case basis in order to make out a labour trafficking case.
"Without clear physical evidence, investigators also have to rely on verbal accounts and gather sufficient evidence for successful prosecution. Expertise must be built up to identity and investigate complex and ambiguous situations. NGOs can help by surfacing possible cases while accepting that not all of them will pass the test."
One other area that the Singapore Taskforce on TIP is looking into is whether there is a need for new laws on human trafficking.
Singapore does not have a specific human trafficking law, but the Penal Code and Women's Charter criminalises various aspects of sex trafficking. The Children and Young Persons Act specifically prohibits trafficking in children.
Those who work with victims of trafficking though, said there is a need for a specific anti-human trafficking law. Ms Tan said that is because current laws are lacking in victim support.
Stories across the region are the same. Forum participants spoke about abuse, forced labour and sex trafficking. They also spoke of the need for tougher laws so that victims are better protected and perpetrators prosecuted.
The road ahead is paved with challenges and it is hoped that a forum like this can help non-government agencies to come together, share best practices and raise awareness.
-CNA/ac
URL: http://www.channelnewsasia.com/stories/singaporelocalnews/view/1167812/1/.html
SINGAPORE: Plans are underway for a one-stop resource and help centre for human trafficking in Singapore. Led by the Humanitarian Organisation for Migration Economics (HOME), the initiative marks another step towards Singapore's effort to address the problem.
Last year, the Singapore government set up the Inter-Agency Taskforce on Trafficking in Persons (TIP). By mid-2012, the taskforce will come up with a National Plan of Action against human trafficking.
The plan of action will cover four areas: Prevention of TIP; Prosecution of offenders; Protection of victims; and Partnership with other countries, NGOs, embassies and private sector. The plan will guide the government in taking steps to establish the required processes to fight TIP and raise awareness on the problem.
As an open and cosmopolitan city, Singapore has become a convenient point of transit and destination for human trafficking in the region.
Anis Hidayah, executive director of the Indonesian Association of Migrant Workers Sovereignty, said: "Singapore is a destination... Not only a destination but also a transit (point) because (it is) near Johor Bahru, near other places in Malaysia.
"Before the Indonesian women are sent to Malaysia, sometimes they go to Singapore first, and then go by land, by bus or other transportation to Johor Bahru. Not only sex workers but child labourers and domestic workers."
Social workers at a regional forum in Singapore said they want to see stronger cross border cooperation among law enforcement agencies. Non-government organisation HOME hopes its Anti-Human Trafficking Centre can be an impetus for an ASEAN-NGO collaboration.
Bridget Tan, founder of HOME, said: "We need to have a dedicated team of people employed to run this centre with services like a toll-free emergency hotline, that allows for trafficked victims to speak to persons who can speak their languages.
"We are (also) looking at capacity building, because at this moment, even the definition of trafficking and identification of victims is still quite difficult and there is a lot of confusion about what trafficking is all about.
"This resource centre would also employ a consultant who is an expert on international laws, human right laws, on trafficking laws, to help us in the training and the building of capacity of stakeholders."
HOME hopes to establish the centre by next year.
Trafficking in Persons can take the form of sex, labour or organ trafficking. In Singapore, organ trafficking is a "negligible problem". So the Inter-Agency Taskforce on Trafficking in Persons is focusing its efforts on sex and labour trafficking.
A recent US State Department report had indicated that authorities here can do more to prosecute offenders.
But there are challenges. It has been reported that the police had investigated 50 alleged sex trafficking cases last year, of which only seven led to arrests and prosecutions.
Jacqueline Poh, co-chair of the Inter-Agency Taskforce on Trafficking in Persons, said: "One is the inherent difficulty of establishing the act, means and purpose for sex and labour trafficking cases. Even in a country as large as the US, they prosecuted 103 cases, of which 71 are sex trafficking and 32 fell under the category of labour trafficking in 2010.
"In our consultations with international experts, including the TIP office in the US State Department, we found a general recognition that labour trafficking is particularly hard to pin down. There is no clear-cut test. Rather, many grey areas remain."
"Before a labour trafficking case can be made out, we need to establish several components. Contract substitution in itself does not constitute forced labour. Passport withholding alone does not constitute forced labour. Coercion by employers alone does not constitute forced labour. All these factors need to be coupled with other factors on a case-by-case basis in order to make out a labour trafficking case.
"Without clear physical evidence, investigators also have to rely on verbal accounts and gather sufficient evidence for successful prosecution. Expertise must be built up to identity and investigate complex and ambiguous situations. NGOs can help by surfacing possible cases while accepting that not all of them will pass the test."
One other area that the Singapore Taskforce on TIP is looking into is whether there is a need for new laws on human trafficking.
Singapore does not have a specific human trafficking law, but the Penal Code and Women's Charter criminalises various aspects of sex trafficking. The Children and Young Persons Act specifically prohibits trafficking in children.
Those who work with victims of trafficking though, said there is a need for a specific anti-human trafficking law. Ms Tan said that is because current laws are lacking in victim support.
Stories across the region are the same. Forum participants spoke about abuse, forced labour and sex trafficking. They also spoke of the need for tougher laws so that victims are better protected and perpetrators prosecuted.
The road ahead is paved with challenges and it is hoped that a forum like this can help non-government agencies to come together, share best practices and raise awareness.
-CNA/ac
URL: http://www.channelnewsasia.com/stories/singaporelocalnews/view/1167812/1/.html
Saturday, November 26, 2011
Judge: Bosses who ill-treat foreign workers will go to jail
He warns employers to do right by these 'vulnerable workers'
Straits Times, Published on Nov 26, 2011
By K. C. Vijayan
Photo caption: Lee Chiang Theng had appealed for his four-week jail sentence over unpaid wages to his foreign workers to be reduced to a fine but the appeal judge rejected his plea. -- ST FILE PHOTO
Employers who fail to pay unskilled foreign workers or house them in adequate conditions can expect to be jailed, an appeal judge warned on Friday.
Judge of Appeal V. K. Rajah did not mince his words when he explained why he dismissed an employer's appeal to have his jail sentence reduced to a fine.
'Employers who persistently fail to discharge their legal responsibilities towards foreign workers will ordinarily have custodial sentences imposed on them,' he said.
This could apply even for a single serious offence, he said, pointing out that unskilled foreigners were 'especially vulnerable', given their lack of a financial safety net.
Lee Chiang Theng was convicted last year of hiring foreigners without work permits, housing them in substandard accommodation and not paying them.
He was fined $36,000 for the housing and permit offences and sentenced to four weeks' jail over the unpaid wages.
Lee, 58, who supplies labour for ship repairs, paid the fines but argued at an appeal hearing last month for a fine in lieu of prison.
Justice Rajah not only refused, he said the jail term ought to have been heavier, given that 73 workers were involved.
He also said the $4,000 per fine for each of the seven work permit offences was 'on the low side and ought to have been calibrated higher'.
The judge said Lee's actions were 'undoubtedly severely deleterious' to the workers' welfare, even leading to one man's death from chicken pox. 'Most pernicious is the fact that his breaches resulted in his foreign workers living in unsafe conditions in which a life was lost.'
He also took issue with the $4,000 fine imposed on Lee for each of the two accommodation offences. He said that if prosecutors had appealed before him, he would have increased the penalty to jail. This would 'be commensurate with the severity of the harm caused and the level of general deterrence'.
Lee, the sole director of Goldrich Venture and Gates Offshore, housed the two employees in an overpopulated, unapproved unit which contained 1,182 foreign workers from 19 companies, said the judge. 'The standards of accommodation were entirely unacceptable when measured by any civilised standards.'
The court's warning to employers comes in the wake of similar sentiments expressed in Parliament in recent years.
Then Manpower Minister Gan Kim Yong said last year that they had a legal responsibility that 'cannot be shirked or excused... and is even more significant when the foreign workers are of particular vulnerability, that is, they are unskilled with little bargaining power'.
Justice Rajah said 'a cavalier failure by an employer to appreciate the serious responsibilities concerning these workers' welfare can have profoundly unpleasant consequences'.
He said this was exemplified in the lead-up to Lee's case before the court, in which 60 aggrieved foreign workers assembled en masse outside the Manpower Ministry to air their grievances over being unpaid.
The judge said it was 'even more disturbing' that workers recruited by Lee had been housed in unapproved and overcrowded accommodation with unsatisfactory sanitary facilities.
Justice Rajah made plain that the jail term given by the district court 'should not be viewed as the benchmark for similar offending conduct', adding: 'The totality of Lee's offending conduct was entirely unacceptable.'
****
BACKGROUND STORY
RIGHTS MUST BE RESPECTED
'Some employers view the recruitment of unskilled workers as a purely commercial enterprise bereft of any serious responsibilities for these workers' well-being.This is altogether wrong. Foreign workers are unquestionably not chattel like the slaves of less enlightened times. Like any other employees, they have basic rights that must be strictly respected.'
Justice V.K. Rajah (below)
POSITION OF RESPONSIBILITY
'It must be re-emphasised that employers are in a position of considerable authority over their foreign workers. But this authority over the workers for the duration of their stay in Singapore carries with it serious responsibilities that have to be scrupulously observed. A serious failure to discharge these responsibilities, i.e., in relation to the payment of salaries; the statutory levies due; or the provision of suitable accommodation will ordinarily attract a custodial sentence.'
Straits Times, Published on Nov 26, 2011
By K. C. Vijayan
Photo caption: Lee Chiang Theng had appealed for his four-week jail sentence over unpaid wages to his foreign workers to be reduced to a fine but the appeal judge rejected his plea. -- ST FILE PHOTOEmployers who fail to pay unskilled foreign workers or house them in adequate conditions can expect to be jailed, an appeal judge warned on Friday.
Judge of Appeal V. K. Rajah did not mince his words when he explained why he dismissed an employer's appeal to have his jail sentence reduced to a fine.
'Employers who persistently fail to discharge their legal responsibilities towards foreign workers will ordinarily have custodial sentences imposed on them,' he said.
This could apply even for a single serious offence, he said, pointing out that unskilled foreigners were 'especially vulnerable', given their lack of a financial safety net.
Lee Chiang Theng was convicted last year of hiring foreigners without work permits, housing them in substandard accommodation and not paying them.
He was fined $36,000 for the housing and permit offences and sentenced to four weeks' jail over the unpaid wages.
Lee, 58, who supplies labour for ship repairs, paid the fines but argued at an appeal hearing last month for a fine in lieu of prison.
Justice Rajah not only refused, he said the jail term ought to have been heavier, given that 73 workers were involved.
He also said the $4,000 per fine for each of the seven work permit offences was 'on the low side and ought to have been calibrated higher'.
The judge said Lee's actions were 'undoubtedly severely deleterious' to the workers' welfare, even leading to one man's death from chicken pox. 'Most pernicious is the fact that his breaches resulted in his foreign workers living in unsafe conditions in which a life was lost.'
He also took issue with the $4,000 fine imposed on Lee for each of the two accommodation offences. He said that if prosecutors had appealed before him, he would have increased the penalty to jail. This would 'be commensurate with the severity of the harm caused and the level of general deterrence'.
Lee, the sole director of Goldrich Venture and Gates Offshore, housed the two employees in an overpopulated, unapproved unit which contained 1,182 foreign workers from 19 companies, said the judge. 'The standards of accommodation were entirely unacceptable when measured by any civilised standards.'
The court's warning to employers comes in the wake of similar sentiments expressed in Parliament in recent years.
Then Manpower Minister Gan Kim Yong said last year that they had a legal responsibility that 'cannot be shirked or excused... and is even more significant when the foreign workers are of particular vulnerability, that is, they are unskilled with little bargaining power'.
Justice Rajah said 'a cavalier failure by an employer to appreciate the serious responsibilities concerning these workers' welfare can have profoundly unpleasant consequences'.
He said this was exemplified in the lead-up to Lee's case before the court, in which 60 aggrieved foreign workers assembled en masse outside the Manpower Ministry to air their grievances over being unpaid.
The judge said it was 'even more disturbing' that workers recruited by Lee had been housed in unapproved and overcrowded accommodation with unsatisfactory sanitary facilities.
Justice Rajah made plain that the jail term given by the district court 'should not be viewed as the benchmark for similar offending conduct', adding: 'The totality of Lee's offending conduct was entirely unacceptable.'
****
BACKGROUND STORY
RIGHTS MUST BE RESPECTED
'Some employers view the recruitment of unskilled workers as a purely commercial enterprise bereft of any serious responsibilities for these workers' well-being.This is altogether wrong. Foreign workers are unquestionably not chattel like the slaves of less enlightened times. Like any other employees, they have basic rights that must be strictly respected.'
Justice V.K. Rajah (below)
POSITION OF RESPONSIBILITY
'It must be re-emphasised that employers are in a position of considerable authority over their foreign workers. But this authority over the workers for the duration of their stay in Singapore carries with it serious responsibilities that have to be scrupulously observed. A serious failure to discharge these responsibilities, i.e., in relation to the payment of salaries; the statutory levies due; or the provision of suitable accommodation will ordinarily attract a custodial sentence.'
Wednesday, November 23, 2011
Four-pronged plan to fight human trafficking
Straits Times, Published on Nov 23, 2011
By Toh Yong Chuan
Photo caption: Fifty cases of alleged sex trafficking were investigated last year, with seven leading to arrests and prosecutions, says the Home Affairs Ministry, up from 32 cases and two prosecutions in 2009. -- ST FILE PHOTO
A NATIONAL plan to fight human trafficking in Singapore and overseas will be ready next year, Second Minister for Home Affairs S. Iswaran said yesterday.
It is being worked out by an inter-agency task force that was formed last year to combat what he described as 'a threat to Singapore's security as well as its economic and social fabric'.
Singapore, he said, is an attractive hub of economic activity which sees many people passing through. As a result, it is no less vulnerable than other countries and 'would be seen as an attractive destination country by human trafficking syndicates'.
Mr Iswaran, in his reply to Mr Christopher De Souza (Holland-Bukit Timah GRC), also spelt out how Singapore will tackle human trafficking.
The goal is to bring down the number of trafficking cases and reduce opportunities for traffickers to exploit victims, he said.
The Home Affairs Ministry told The Straits Times that 50 alleged sex trafficking cases were investigated by the police last year, and seven led to arrests and prosecutions. This was an increase from 32 cases investigated and two prosecutions in 2009. Mr Iswaran, who is also Minister in the Prime Minister's Office and Second Minister for Trade and Industry, laid out a four-pronged plan that the Government will pursue to prevent trafficking, protect victims, prosecute offenders, and work in partnership with foreign countries and non-governmental organisations.
To prevent trafficking, the Government will step up enforcement and immigration checks; press for deterrent sentences when traffickers are charged; and publicise the court cases to send a strong message of deterrence.
Victims will receive more attention too. Mr Iswaran said the task force 'is looking at ways to improve the victim care and support programmes'.
The minister did not close the door on new legislation.
He said: 'The task force is examining whether new legislation is required to enhance our ability to fight human trafficking. They will consider, among others, whether enhancements to enforcement powers, increased victim care provisions and harsher sentences are needed.'
Singapore does not have a specific human trafficking law, but the Penal Code and Women's Charter criminalise various aspects of sex trafficking, while the Children and Young Persons Act specifically prohibits trafficking in children.
Mr Iswaran stressed that collaboration with foreign countries and non-governmental organisations is key to ensuring that 'human traffickers are pursued even across borders and legal jurisdictions'.
In this respect, the Interpol Global Complex, which is being set up in Singapore, will be 'an important asset to us', he added.
The complex, when ready in 2013, will beef up the crime-fighting efforts of the international police organisation in the Asia-Pacific region.
Since 2004, Singapore has been criticised by the United States in its annual Trafficking in Persons (TIP) report.
But the Singapore Government has disputed the accuracy of some findings in the report.
Last year, the US downgraded Singapore to a watch list of countries which it said did not comply fully with minimum international standards to eliminate trafficking.
This year, Singapore was taken off the watch list.
And yesterday, Mr Iswaran pledged to 'remain fully committed to taking the necessary steps, both in the short term and long term, to fight this exploitative crime and bring the perpetrators to task'.
By Toh Yong Chuan
Photo caption: Fifty cases of alleged sex trafficking were investigated last year, with seven leading to arrests and prosecutions, says the Home Affairs Ministry, up from 32 cases and two prosecutions in 2009. -- ST FILE PHOTOA NATIONAL plan to fight human trafficking in Singapore and overseas will be ready next year, Second Minister for Home Affairs S. Iswaran said yesterday.
It is being worked out by an inter-agency task force that was formed last year to combat what he described as 'a threat to Singapore's security as well as its economic and social fabric'.
Singapore, he said, is an attractive hub of economic activity which sees many people passing through. As a result, it is no less vulnerable than other countries and 'would be seen as an attractive destination country by human trafficking syndicates'.
Mr Iswaran, in his reply to Mr Christopher De Souza (Holland-Bukit Timah GRC), also spelt out how Singapore will tackle human trafficking.
The goal is to bring down the number of trafficking cases and reduce opportunities for traffickers to exploit victims, he said.
The Home Affairs Ministry told The Straits Times that 50 alleged sex trafficking cases were investigated by the police last year, and seven led to arrests and prosecutions. This was an increase from 32 cases investigated and two prosecutions in 2009. Mr Iswaran, who is also Minister in the Prime Minister's Office and Second Minister for Trade and Industry, laid out a four-pronged plan that the Government will pursue to prevent trafficking, protect victims, prosecute offenders, and work in partnership with foreign countries and non-governmental organisations.
To prevent trafficking, the Government will step up enforcement and immigration checks; press for deterrent sentences when traffickers are charged; and publicise the court cases to send a strong message of deterrence.
Victims will receive more attention too. Mr Iswaran said the task force 'is looking at ways to improve the victim care and support programmes'.
The minister did not close the door on new legislation.
He said: 'The task force is examining whether new legislation is required to enhance our ability to fight human trafficking. They will consider, among others, whether enhancements to enforcement powers, increased victim care provisions and harsher sentences are needed.'
Singapore does not have a specific human trafficking law, but the Penal Code and Women's Charter criminalise various aspects of sex trafficking, while the Children and Young Persons Act specifically prohibits trafficking in children.
Mr Iswaran stressed that collaboration with foreign countries and non-governmental organisations is key to ensuring that 'human traffickers are pursued even across borders and legal jurisdictions'.
In this respect, the Interpol Global Complex, which is being set up in Singapore, will be 'an important asset to us', he added.
The complex, when ready in 2013, will beef up the crime-fighting efforts of the international police organisation in the Asia-Pacific region.
Since 2004, Singapore has been criticised by the United States in its annual Trafficking in Persons (TIP) report.
But the Singapore Government has disputed the accuracy of some findings in the report.
Last year, the US downgraded Singapore to a watch list of countries which it said did not comply fully with minimum international standards to eliminate trafficking.
This year, Singapore was taken off the watch list.
And yesterday, Mr Iswaran pledged to 'remain fully committed to taking the necessary steps, both in the short term and long term, to fight this exploitative crime and bring the perpetrators to task'.
Singapore 'committed' to fighting human trafficking
by Teo Xuanwei
TODAY, Nov 23, 2011
SINGAPORE - The inter-agency task force on human trafficking is studying whether new laws are needed to enhance Singapore's ability to tackle the menace, Second Home Affairs Minister S Iswaran said yesterday.
These could include greater powers for enforcement agencies, increased care provisions for victims and harsher penalties for offenders, among others, he said.
The task force, set up last year and co-chaired by the Ministry of Home Affairs and Ministry of Manpower (MOM), is expected to finalise its anti-trafficking plans by the middle of next year, Mr Iswaran said in an update to the House.
There are four key thrusts to the plan: Prevention, prosecution, protection and partnerships.
To foil traffickers, the Republic enforces its borders strictly through immigration checks, proactive enforcement and public education, said Mr Iswaran.
The police and the MOM also frequently conduct operations to find victims and sniff out traffickers, he added, with successfully prosecuted cases publicised widely as a form of deterrence.
Foreign workers are also educated on their rights and the obligations of their employers before they arrive here, while orientation and various outreach education programmes are conducted while they are in Singapore.
On the protection of victims, Mr Iswaran said the Ministry of Community Development, Youth and Sports and the MOM already fund shelters and dormitories that offer accommodation, medical care, counselling and translation services.
The task force is looking at ways to improve the care and support programmes available, he added.
Noting that effective anti-trafficking requires close cooperation among different countries, Mr Iswaran said the task force will continue working with Singapore's partners to find measures to prevent exploitation from as early as possible.
He added: "Singapore recognises that trafficking in persons is a significant transnational crime, which cannot be eradicated easily. But we remain fully committed to taking the necessary steps, both in the short term and long term, to fight this exploitative crime and to bring the perpetrators to task."
In June, a United States State Department annual report on human trafficking accused Singapore of several lapses. This was strongly refuted by the task force, which provided evidence to knock down each claim in the report.
Last year, the US report put Singapore on a human-trafficking watch list. But this year, it moved Singapore out of the Tier 2 Watch List and up to Tier 2, acknowledging the country's "significant efforts" to combat human trafficking.
TODAY, Nov 23, 2011
SINGAPORE - The inter-agency task force on human trafficking is studying whether new laws are needed to enhance Singapore's ability to tackle the menace, Second Home Affairs Minister S Iswaran said yesterday.
These could include greater powers for enforcement agencies, increased care provisions for victims and harsher penalties for offenders, among others, he said.
The task force, set up last year and co-chaired by the Ministry of Home Affairs and Ministry of Manpower (MOM), is expected to finalise its anti-trafficking plans by the middle of next year, Mr Iswaran said in an update to the House.
There are four key thrusts to the plan: Prevention, prosecution, protection and partnerships.
To foil traffickers, the Republic enforces its borders strictly through immigration checks, proactive enforcement and public education, said Mr Iswaran.
The police and the MOM also frequently conduct operations to find victims and sniff out traffickers, he added, with successfully prosecuted cases publicised widely as a form of deterrence.
Foreign workers are also educated on their rights and the obligations of their employers before they arrive here, while orientation and various outreach education programmes are conducted while they are in Singapore.
On the protection of victims, Mr Iswaran said the Ministry of Community Development, Youth and Sports and the MOM already fund shelters and dormitories that offer accommodation, medical care, counselling and translation services.
The task force is looking at ways to improve the care and support programmes available, he added.
Noting that effective anti-trafficking requires close cooperation among different countries, Mr Iswaran said the task force will continue working with Singapore's partners to find measures to prevent exploitation from as early as possible.
He added: "Singapore recognises that trafficking in persons is a significant transnational crime, which cannot be eradicated easily. But we remain fully committed to taking the necessary steps, both in the short term and long term, to fight this exploitative crime and to bring the perpetrators to task."
In June, a United States State Department annual report on human trafficking accused Singapore of several lapses. This was strongly refuted by the task force, which provided evidence to knock down each claim in the report.
Last year, the US report put Singapore on a human-trafficking watch list. But this year, it moved Singapore out of the Tier 2 Watch List and up to Tier 2, acknowledging the country's "significant efforts" to combat human trafficking.
Govt to make it crystal clear casinos cannot target domestic market
TODAY, Nov 23, 2011
SINGAPORE - The Government is studying ways, including looking at the experiences of other countries, to deter frequent gamblers from visiting the casinos.
It will also "soon" amend the Casino Control (Advertising) Regulations to make it "crystal clear to both casinos that they cannot target the domestic market", Acting Minister for Community Development, Youth and Sports Chan Chun Sing said yesterday.
Mr Chan added that as of Oct 31, there were more than 26,000 self-exclusion orders issued to foreigners.
He was responding to questions tabled by Nee Soon GRC MP Lee Bee Wah.
In a written reply, Mr Chan said: "The regulations will also be widened to cover not only advertisements but any promotion of the casinos, which should prevent incidents like the heartland shuttle buses. We will make further announcements in due course."
Noting the difference between frequent gamblers and impulsive gamblers, Mr Chan reiterated his ministry's concern on the former group.
Mr Chan said that in Holland, for example, the authorities look out for frequent gamblers and interview them. Said Mr Chan: "Depending on their assessment, they may subsequently limit the patron's visits to the casinos or even exclude them. Depending on our assessment of the problem, we may consider different measures to deter frequent gamblers. What we put in place eventually, if any, will have to suit our local context and meet our needs and situation."
Ms Lee also asked if the Government planned to raise the casino levy for Singaporeans in an effort to discourage gambling.
Mr Chan reiterated that the S$100 entry levy is to "signal that gambling is an expense and not a means to make a living, and to discourage casual and impulse gambling".
He added: "Some believe that a higher levy will be a more effective deterrence. Others worry that increasing the levy will only cause Singaporean visitors to intensify their gambling so as to 'max out' the upfront cost of the entry levy. The jury is still out as to which is the likely behaviour of Singaporeans if we raise the levy."
On Ms Lee's suggestion to impose an casino entry levy on foreigners as well, Mr Chan said the ministry was focusing on a "targeted approach of combining education and casino exclusions".
He added: "Such an approach also emphasises individual responsibility. For an individual, self-exclusion can be a much more effective upstream safeguard against problem gambling than even a downstream monetary quantum."
The National Council on Problem Gambling will continue to work with the Ministry of Manpower and employers to advise foreign workers to apply for self-exclusion, Mr Chan said.
Mr Chan stressed that the safeguards - while stringent - for foreigners and Singaporeans "should not and cannot replace individual responsibility".
"Individuals must make the correct decision to gamble responsibly. In our Asian context, we also encourage families to play their part in helping their family members to do what is right," he said.
SINGAPORE - The Government is studying ways, including looking at the experiences of other countries, to deter frequent gamblers from visiting the casinos.
It will also "soon" amend the Casino Control (Advertising) Regulations to make it "crystal clear to both casinos that they cannot target the domestic market", Acting Minister for Community Development, Youth and Sports Chan Chun Sing said yesterday.
Mr Chan added that as of Oct 31, there were more than 26,000 self-exclusion orders issued to foreigners.
He was responding to questions tabled by Nee Soon GRC MP Lee Bee Wah.
In a written reply, Mr Chan said: "The regulations will also be widened to cover not only advertisements but any promotion of the casinos, which should prevent incidents like the heartland shuttle buses. We will make further announcements in due course."
Noting the difference between frequent gamblers and impulsive gamblers, Mr Chan reiterated his ministry's concern on the former group.
Mr Chan said that in Holland, for example, the authorities look out for frequent gamblers and interview them. Said Mr Chan: "Depending on their assessment, they may subsequently limit the patron's visits to the casinos or even exclude them. Depending on our assessment of the problem, we may consider different measures to deter frequent gamblers. What we put in place eventually, if any, will have to suit our local context and meet our needs and situation."
Ms Lee also asked if the Government planned to raise the casino levy for Singaporeans in an effort to discourage gambling.
Mr Chan reiterated that the S$100 entry levy is to "signal that gambling is an expense and not a means to make a living, and to discourage casual and impulse gambling".
He added: "Some believe that a higher levy will be a more effective deterrence. Others worry that increasing the levy will only cause Singaporean visitors to intensify their gambling so as to 'max out' the upfront cost of the entry levy. The jury is still out as to which is the likely behaviour of Singaporeans if we raise the levy."
On Ms Lee's suggestion to impose an casino entry levy on foreigners as well, Mr Chan said the ministry was focusing on a "targeted approach of combining education and casino exclusions".
He added: "Such an approach also emphasises individual responsibility. For an individual, self-exclusion can be a much more effective upstream safeguard against problem gambling than even a downstream monetary quantum."
The National Council on Problem Gambling will continue to work with the Ministry of Manpower and employers to advise foreign workers to apply for self-exclusion, Mr Chan said.
Mr Chan stressed that the safeguards - while stringent - for foreigners and Singaporeans "should not and cannot replace individual responsibility".
"Individuals must make the correct decision to gamble responsibly. In our Asian context, we also encourage families to play their part in helping their family members to do what is right," he said.
Tuesday, November 22, 2011
Should company productivity gains help decide allocation of foreign workers?
by Teo Xuanwei
TODAY, Nov 22, 2011
SINGAPORE - Given the national drive to raise productivity, should the success of employers' productivity initiatives become part of the criteria for allocation of foreign labour in future, labour MP Ang Hin Kee (Ang Mo Kio GRC) asked yesterday.
Tightened access to foreign workers amid a tight labour market has been a long-standing conundrum employers, especially in labour-intensive sectors such as manufacturing and construction, have faced.
Deputy Prime Minister Tharman Shanmugaratnam, who is also Manpower Minister, said the problem with this approach is in deciding the "baseline" for productivity gains, thereby inevitably resulting in some form of discrimination.
"Would you discriminate in favour of a company which was previously inefficient and then did something to become efficient against a company which had already did something to become efficient?" said Mr Tharman. "It's extremely difficult to get into an act of discriminating companies that have done a good job of investing all along and raising productivity and reducing their manpower requirements."
Updating the House on the take-up rate of the Productivity and Innovation Credit (PIC) scheme - tax benefits for employers who implemented productivity initiatives such as acquisition of equipment or worker training - Mr Tharman said 9,800, or one-fifth of companies that have filed their tax returns so far, have claimed reliefs.
He said it is too early to say how many would tap on the scheme because corporate tax filing is ongoing but stressed that outreach efforts are ongoing.
The PIC was introduced last year and significantly enhanced in this year's Budget allowing total tax deductions of up to S$3.2 million for Years of Assessment 2011 and 2012.
Companies may alternatively opt for cash payout options for these initiatives.
Mr Tharman also said roadmaps for the initial 12 sectors identified for initiatives to boost productivity under the S$600 million committed under the National Productivity Fund have largely been endorsed by the National Productivity and Continuing Education Council.
In construction, for instance, about 900 companies have received help to adopt new technologies raising their capabilities or train their employees. Productivity is expected to improve by at least 20 per cent when the projects are completed, he said.
As for the Inclusive Growth Programme, targeted at improving the skills and wages of some 25,000 low-wage workers, S$26 million has been pumped into 450 projects involving some 21,000 workers, said Mr Tharman.
Two-thirds of these workers are expected to receive at least 10 per cent more pay, over and above their normal raises, he added.
TODAY, Nov 22, 2011
SINGAPORE - Given the national drive to raise productivity, should the success of employers' productivity initiatives become part of the criteria for allocation of foreign labour in future, labour MP Ang Hin Kee (Ang Mo Kio GRC) asked yesterday.
Tightened access to foreign workers amid a tight labour market has been a long-standing conundrum employers, especially in labour-intensive sectors such as manufacturing and construction, have faced.
Deputy Prime Minister Tharman Shanmugaratnam, who is also Manpower Minister, said the problem with this approach is in deciding the "baseline" for productivity gains, thereby inevitably resulting in some form of discrimination.
"Would you discriminate in favour of a company which was previously inefficient and then did something to become efficient against a company which had already did something to become efficient?" said Mr Tharman. "It's extremely difficult to get into an act of discriminating companies that have done a good job of investing all along and raising productivity and reducing their manpower requirements."
Updating the House on the take-up rate of the Productivity and Innovation Credit (PIC) scheme - tax benefits for employers who implemented productivity initiatives such as acquisition of equipment or worker training - Mr Tharman said 9,800, or one-fifth of companies that have filed their tax returns so far, have claimed reliefs.
He said it is too early to say how many would tap on the scheme because corporate tax filing is ongoing but stressed that outreach efforts are ongoing.
The PIC was introduced last year and significantly enhanced in this year's Budget allowing total tax deductions of up to S$3.2 million for Years of Assessment 2011 and 2012.
Companies may alternatively opt for cash payout options for these initiatives.
Mr Tharman also said roadmaps for the initial 12 sectors identified for initiatives to boost productivity under the S$600 million committed under the National Productivity Fund have largely been endorsed by the National Productivity and Continuing Education Council.
In construction, for instance, about 900 companies have received help to adopt new technologies raising their capabilities or train their employees. Productivity is expected to improve by at least 20 per cent when the projects are completed, he said.
As for the Inclusive Growth Programme, targeted at improving the skills and wages of some 25,000 low-wage workers, S$26 million has been pumped into 450 projects involving some 21,000 workers, said Mr Tharman.
Two-thirds of these workers are expected to receive at least 10 per cent more pay, over and above their normal raises, he added.
A&E subsidies for foreigners are here to stay: Gan Kim Yong
by Ng Jing Yng
TODAY, Nov 22, 2011
SINGAPORE - Subsidies for foreigners needing emergency care are here to stay, Health Minister Gan Kim Yong told Parliament yesterday. He also provided statistics to show that this contributed minimally to the Government's healthcare spending.
He was responding to Member of Parliament Baey Yam Keng (Tampines Group Representation Constituency), who had asked if the Government would remove subsidies for foreigners receiving Accident and Emergency (A&E) care or impose means testing - where the patient's ability to pay determines the size of the bill.
This is because foreigners here would probably be covered by workplace insurance or travel insurance, he said.
Currently, a 50-per-cent subsidy is given to all A&E patients regardless of their nationality. Mr Gan said that, over the last five years, foreigners made up 18 per cent of the yearly patient load at A&E departments - amounting to government subsidies of S$14 million every year.
This is less than 1 per cent of the Health Ministry's total spending on subsidised patient services at public hospitals, which amounted to S$2.2 billion.
"For A&E services, because they affect life and death, we want to make sure administrative processes in the A&E departments are kept as simple as possible," he said.
He pointed out that not all foreigners here have workplace insurance as they are on long-term visit passes.
And as A&E departments provide critical attention for a short period of time, getting hospital staff to verify the patient's nationality or doing means testing will only add to their administrative burden, he said.
"We still like to keep our A&E departments streamlined (and) focus on treating the patients, ensuring that everyone who comes to A&E receives the emergency treatment that they need," added Mr Gan.
As for Singaporeans who need further help even after the 50-per-cent subsidy, Mr Gan cited the existing Medifund scheme and said the Government would continue to look at ways to help the needy.
TODAY, Nov 22, 2011
SINGAPORE - Subsidies for foreigners needing emergency care are here to stay, Health Minister Gan Kim Yong told Parliament yesterday. He also provided statistics to show that this contributed minimally to the Government's healthcare spending.
He was responding to Member of Parliament Baey Yam Keng (Tampines Group Representation Constituency), who had asked if the Government would remove subsidies for foreigners receiving Accident and Emergency (A&E) care or impose means testing - where the patient's ability to pay determines the size of the bill.
This is because foreigners here would probably be covered by workplace insurance or travel insurance, he said.
Currently, a 50-per-cent subsidy is given to all A&E patients regardless of their nationality. Mr Gan said that, over the last five years, foreigners made up 18 per cent of the yearly patient load at A&E departments - amounting to government subsidies of S$14 million every year.
This is less than 1 per cent of the Health Ministry's total spending on subsidised patient services at public hospitals, which amounted to S$2.2 billion.
"For A&E services, because they affect life and death, we want to make sure administrative processes in the A&E departments are kept as simple as possible," he said.
He pointed out that not all foreigners here have workplace insurance as they are on long-term visit passes.
And as A&E departments provide critical attention for a short period of time, getting hospital staff to verify the patient's nationality or doing means testing will only add to their administrative burden, he said.
"We still like to keep our A&E departments streamlined (and) focus on treating the patients, ensuring that everyone who comes to A&E receives the emergency treatment that they need," added Mr Gan.
As for Singaporeans who need further help even after the 50-per-cent subsidy, Mr Gan cited the existing Medifund scheme and said the Government would continue to look at ways to help the needy.
Higher cap on compensation for those hurt at work
21% increase is among several changes approved, and reflects rising health-care costs
Straits Times, Published on Nov 22, 2011
By Rachel Chang
Photo caption: The Work Injury Compensation Act provides workers who sustain workplace-related injuries with a low-cost and speedy alternative to legal action. -- ST PHOTO: ALPHONSUS CHERN
THE maximum amount of compensation for workplace-related injuries was raised by 21 per cent yesterday by Parliament.
From June next year, employers are liable for a minimum of $57,000 and a maximum of $170,000 in the event of a workplace death under the Work Injury Compensation Act (Wica).
If a worker suffers total permanent incapacity, the range is between $73,000 and $218,000.
These higher amounts reflect the rising median income and increasing health-care costs, said Minister of State for Manpower Tan Chuan-Jin yesterday.
This was one of several changes to Wica approved yesterday. The Act provides injured workers with a low-cost and speedy alternative to legal action.
The Ministry of Manpower (MOM) processes about 12,500 Wica claims each year.
Last year, a total of $76.5 million in compensation was awarded for permanent incapacity and death, and another $20 million for medical leave wages and medical expenses.
Other changes to come into effect next year include disqualifying claims arising from workplace fights, except in special circumstances such as self-defence, and requiring workers to choose whether to pursue their claims in court, or under Wica, within a year.
The latter change comes from MOM noticing a 'significant' increase in the number of workers who file a Wica claim, withdraw it to pursue a court case, and then re-file a claim with Wica after they lose the court case, said Mr Tan.
MOM has processed re-filed claims up to six years after the original incident, he added, a time lag that results in 'uncertainty for employers and insurers, and drags out the resolution of the claim'.
'Forum-shopping' by workers is currently a danger, Mr Tan said.
However, Workers' Party MP Yaw Shin Leong (Hougang) and PAP MPs Patrick Tay (Nee Soon GRC), Yeo Guat Kwang (Ang Mo Kio GRC) and Zainudin Nordin (Bishan-Toa Payoh GRC) expressed concern that this change would penalise workers with legitimate reason to return to Wica after failing in their court cases.
Mr Yaw and Mr Tay both cited a 2008 case in which signboard maker Pang Chen Suan won a suit against MOM.
The Commissioner for Labour had initially ruled that he was ineligible for compensation under Wica as he had filed his claims after the one-year deadline. But the Appeals Court overruled the MOM and ordered it to process his Wica claim.
This was because new evidence emerged, while Mr Pang's case was pending, that made it difficult for him to win in court against his employer, said Mr Tay. Hence, his only option for redress was to return to Wica.
Mr Zainudin also said the change might put undue stress on workers to settle their claims for less than they deserved.
But Mr Tan said workers could still re-file their Wica claims after pursuing a court case - as long as this was done within a year. This time frame is important to 'cap' employers' liability, since Wica is a 'no-fault regime', he said.
That is, employers must compensate workers even if they are not to blame for the incident.
Other changes included making dis-eases contracted as a result of work-related exposure to chemical or biological agents automatically eligible for compensation under Wica.
Employers' insurers are also now obliged to compensate their workers' claims even if the injury may come under a sub-contractor's insurance.
Of the seven MPs who rose to debate the Bill before its passage, most welcomed the changes but pointed to remaining vulnerabilities.
Mr Zainudin said low-wage and migrant workers must be given more counsel on their options for compensation. Many are unaware of the avenues for redress.
Mr Yeo suggested setting up a consultation panel - run jointly by the labour union, employers and the Government - that migrant workers can tap for advice.
Mr Christopher de Souza (Holland-Bukit Timah GRC) said compensation amounts must continue to keep pace with rising health-care costs.
If the amounts awarded under Wica fall behind cost realities, it will lose its relevance as an alternative to legal action, he added.
Straits Times, Published on Nov 22, 2011
By Rachel Chang
Photo caption: The Work Injury Compensation Act provides workers who sustain workplace-related injuries with a low-cost and speedy alternative to legal action. -- ST PHOTO: ALPHONSUS CHERNTHE maximum amount of compensation for workplace-related injuries was raised by 21 per cent yesterday by Parliament.
From June next year, employers are liable for a minimum of $57,000 and a maximum of $170,000 in the event of a workplace death under the Work Injury Compensation Act (Wica).
If a worker suffers total permanent incapacity, the range is between $73,000 and $218,000.
These higher amounts reflect the rising median income and increasing health-care costs, said Minister of State for Manpower Tan Chuan-Jin yesterday.
This was one of several changes to Wica approved yesterday. The Act provides injured workers with a low-cost and speedy alternative to legal action.
The Ministry of Manpower (MOM) processes about 12,500 Wica claims each year.
Last year, a total of $76.5 million in compensation was awarded for permanent incapacity and death, and another $20 million for medical leave wages and medical expenses.
Other changes to come into effect next year include disqualifying claims arising from workplace fights, except in special circumstances such as self-defence, and requiring workers to choose whether to pursue their claims in court, or under Wica, within a year.
The latter change comes from MOM noticing a 'significant' increase in the number of workers who file a Wica claim, withdraw it to pursue a court case, and then re-file a claim with Wica after they lose the court case, said Mr Tan.
MOM has processed re-filed claims up to six years after the original incident, he added, a time lag that results in 'uncertainty for employers and insurers, and drags out the resolution of the claim'.
'Forum-shopping' by workers is currently a danger, Mr Tan said.
However, Workers' Party MP Yaw Shin Leong (Hougang) and PAP MPs Patrick Tay (Nee Soon GRC), Yeo Guat Kwang (Ang Mo Kio GRC) and Zainudin Nordin (Bishan-Toa Payoh GRC) expressed concern that this change would penalise workers with legitimate reason to return to Wica after failing in their court cases.
Mr Yaw and Mr Tay both cited a 2008 case in which signboard maker Pang Chen Suan won a suit against MOM.
The Commissioner for Labour had initially ruled that he was ineligible for compensation under Wica as he had filed his claims after the one-year deadline. But the Appeals Court overruled the MOM and ordered it to process his Wica claim.
This was because new evidence emerged, while Mr Pang's case was pending, that made it difficult for him to win in court against his employer, said Mr Tay. Hence, his only option for redress was to return to Wica.
Mr Zainudin also said the change might put undue stress on workers to settle their claims for less than they deserved.
But Mr Tan said workers could still re-file their Wica claims after pursuing a court case - as long as this was done within a year. This time frame is important to 'cap' employers' liability, since Wica is a 'no-fault regime', he said.
That is, employers must compensate workers even if they are not to blame for the incident.
Other changes included making dis-eases contracted as a result of work-related exposure to chemical or biological agents automatically eligible for compensation under Wica.
Employers' insurers are also now obliged to compensate their workers' claims even if the injury may come under a sub-contractor's insurance.
Of the seven MPs who rose to debate the Bill before its passage, most welcomed the changes but pointed to remaining vulnerabilities.
Mr Zainudin said low-wage and migrant workers must be given more counsel on their options for compensation. Many are unaware of the avenues for redress.
Mr Yeo suggested setting up a consultation panel - run jointly by the labour union, employers and the Government - that migrant workers can tap for advice.
Mr Christopher de Souza (Holland-Bukit Timah GRC) said compensation amounts must continue to keep pace with rising health-care costs.
If the amounts awarded under Wica fall behind cost realities, it will lose its relevance as an alternative to legal action, he added.
MOM to up compensation limits for death, permanent incapacity
CNA, By Imelda Saad | Posted: 21 November 2011 1959 hrs
SINGAPORE: The Ministry of Manpower (MOM) will raise the compensation limits for death and permanent incapacity by about 21 per cent under the Work Injury Compensation (Amendment) Bill.
This is to account for the rise in nominal median wages since the compensation limits were last revised.
At present, the minimum limits are S$47,000 and S$60,000 respectively for death and total permanent incapacity, while the maximum limits are S$140,000 and S$180,000 respectively.
With the change, the minimum compensation for death will be raised to S$57,000 and total permanent incapacity, S$73,000.
The maximum compensation will also be raised to S$170,000 and S$218,000 respectively.
This means the family of a deceased 25-year-old worker who earned S$1,800 a month could receive S$170,000, 21% more than what the family would be eligible to receive currently.
Other changes include increasing the dollar cap on medical expenses; restricting compensation in cases involving work-related fights or attempted assaults; and expanding the scope of compensable diseases to include exposure to chemical or biological agents and new diseases.
Speaking during the second reading of the Work Injury Compensation (Amendment) Bill 2011, Minister of State for Manpower Tan Chuan-Jin said: "The changes proposed in the Bill are based on two key principles.
"The first principle is to strike a fair balance between compensation for the injured worker and obligations placed on the employer or insurer. The second principle is to ensure that the WICA (Work Injury Compensation Act) framework remains expeditious and workers are able to receive compensation promptly."
- CNA/cc
URL: http://www.channelnewsasia.com/stories/singaporelocalnews/view/1166773/1/.html
SINGAPORE: The Ministry of Manpower (MOM) will raise the compensation limits for death and permanent incapacity by about 21 per cent under the Work Injury Compensation (Amendment) Bill.
This is to account for the rise in nominal median wages since the compensation limits were last revised.
At present, the minimum limits are S$47,000 and S$60,000 respectively for death and total permanent incapacity, while the maximum limits are S$140,000 and S$180,000 respectively.
With the change, the minimum compensation for death will be raised to S$57,000 and total permanent incapacity, S$73,000.
The maximum compensation will also be raised to S$170,000 and S$218,000 respectively.
This means the family of a deceased 25-year-old worker who earned S$1,800 a month could receive S$170,000, 21% more than what the family would be eligible to receive currently.
Other changes include increasing the dollar cap on medical expenses; restricting compensation in cases involving work-related fights or attempted assaults; and expanding the scope of compensable diseases to include exposure to chemical or biological agents and new diseases.
Speaking during the second reading of the Work Injury Compensation (Amendment) Bill 2011, Minister of State for Manpower Tan Chuan-Jin said: "The changes proposed in the Bill are based on two key principles.
"The first principle is to strike a fair balance between compensation for the injured worker and obligations placed on the employer or insurer. The second principle is to ensure that the WICA (Work Injury Compensation Act) framework remains expeditious and workers are able to receive compensation promptly."
- CNA/cc
URL: http://www.channelnewsasia.com/stories/singaporelocalnews/view/1166773/1/.html
Monday, November 21, 2011
Average of 20 workers go missing each month
Straits Times, Published on Nov 21, 2011
FEWER than 250 foreign workers went missing each year between 2008 and last year, which worked out to an average of about 20 workers a month.
Most were eventually found and repatriated, said a Ministry of Manpower (MOM) spokesman, who added that not all the employers' security deposits were forfeited.
As of August, there were 1.05 million foreigners working here, making up close to a third of Singapore's total workforce.
Of these, about 870,000 were work permit holders, who earned below $2,000 a month.
Under MOM regulations, employers must furnish a $5,000 security bond before a foreign worker arrives.
The employer must file a report with the police and cancel the work permit within seven days of knowing the worker is missing.
For workers whose work permits have not expired, employers will be given a month to find them. The security deposit will be forfeited if the worker is not found by then.
If the work permit has expired at the time of cancellation, the security deposit will be forfeited. But if the worker is eventually found, or in cases in which the employers have assisted the authorities to locate the person, they can apply for a refund.
FEWER than 250 foreign workers went missing each year between 2008 and last year, which worked out to an average of about 20 workers a month.
Most were eventually found and repatriated, said a Ministry of Manpower (MOM) spokesman, who added that not all the employers' security deposits were forfeited.
As of August, there were 1.05 million foreigners working here, making up close to a third of Singapore's total workforce.
Of these, about 870,000 were work permit holders, who earned below $2,000 a month.
Under MOM regulations, employers must furnish a $5,000 security bond before a foreign worker arrives.
The employer must file a report with the police and cancel the work permit within seven days of knowing the worker is missing.
For workers whose work permits have not expired, employers will be given a month to find them. The security deposit will be forfeited if the worker is not found by then.
If the work permit has expired at the time of cancellation, the security deposit will be forfeited. But if the worker is eventually found, or in cases in which the employers have assisted the authorities to locate the person, they can apply for a refund.
Wanted posters for missing foreign workers
Straits Times, Published on Nov 21, 2011
By Leonard Lim & Lin Wenjian
Some employers offering reward instead of hiring repatriation firmsPhoto caption: Construction firm manager James Ng removing one of the posters he put up in Geylang about two missing foreign workers. He is still searching for one of them. -- ST PHOTO: ASHLEIGH SIM
MOST employers may turn to the repatriation companies to hunt down foreign workers who go missing.
But some are choosing to do it their way - putting up 'wanted' posters and offering rewards to those who can hunt down these workers.
Construction firm manager James Ng is one such employer who put up 20 posters last month on lamp posts in Geylang, offering a $2,000 reward each for information on two of his Chinese foreign workers who went missing.
The large posters showed mugshots of Mr Jin Feijian and Mr Xia Miaolong, their work permit numbers, a cellphone number to call and the cash reward.
He picked Geylang to put up the posters because the area - especially the alleys near Aljunied MRT - has become a popular haunt for Chinese foreign workers.
The duo were among five workers who disappeared just before their work permits expired in August.
Mr Ng, 51, decided to start with posters of the two workers and see if his experiment worked.
It did. Last Friday morning, Mr Xia, 49, was spotted loitering near Geylang Lorong 25 - barely 50m from one of the posters with his photo on it.
The worker had turned himself in a week earlier, but had disappeared again.
This time, Mr Ng roped in several colleagues, including supervisor Jack Chew, and made the five-minute drive from their office to Lorong 25. They took the Zhejiang native back to their office along Sims Avenue then handed him over to the police.
The tip-off came from another Chinese worker, who has collected his reward, said Mr Ng.
The company is making some headway with the search for Mr Jin.
Mr Chew, 45, said he received a call two weeks ago from a Chinese national working on Jurong Island who said he had seen Mr Jin working there. Mr Chew said he is trying to gather more information before taking action.
The problem of missing foreign workers has been a headache for employers who stand to lose their $5,000 security bond for each missing worker.
Dr Ho Nyok Yong, president of the Singapore Contractors Association, said the missing worker problem has improved in recent years.
'Companies are now better informed and treat foreign workers better,' he said.
But it has become tougher to hunt down workers when they go missing, said Mr J. Ravi, director of repatriation firm UTR Services. 'They may be living in dormitories or flats all over the island, whereas in the past, they were usually found in areas such as Geylang or Little India,' he said.
When workers go missing, some employers would engage the help of repatriation agencies, which usually charge between $300 and $500 to track down a worker and pack the person off to the airport.
But Mr Chew and Mr Ng said they did not seek help from a repatriation agency because they wanted to avoid 'trouble'.
Mr Chew said: 'Sometimes, the worker could get locked up (by the repatriation company). We don't want the worker to complain. We thought it's better if we settle the matter ourselves.
'Also, we know the workers live and hang out in this area.'
Last month, another employer also put up posters in Geylang and Chinatown, offering rewards totalling $6,000 for information on three performers from China. At least two of them have been found, according to reports.
But putting up posters is not necessarily a sign of desperation, said Mr Ravi and Dr Ho. It is another way to create awareness and get more people to be on the lookout, they said.
Some also choose to put missing workers notices in Chinese and Tamil newspapers, usually with a reward of $1,000, said Mr Ravi.
It is a common practice for employers to distribute A5-size leaflets of missing employees to other workers as well.
But some employers said they still prefer to hire repatriation companies to do the job.
Said Madam Wendy Ng, 46, managing director of Senying Air-con Engineering, which employs technicians from China: 'The agency I have hired before is an expert at finding these workers. I'll go to them if necessary.'
By Leonard Lim & Lin Wenjian
Some employers offering reward instead of hiring repatriation firmsPhoto caption: Construction firm manager James Ng removing one of the posters he put up in Geylang about two missing foreign workers. He is still searching for one of them. -- ST PHOTO: ASHLEIGH SIM
MOST employers may turn to the repatriation companies to hunt down foreign workers who go missing.
But some are choosing to do it their way - putting up 'wanted' posters and offering rewards to those who can hunt down these workers.
Construction firm manager James Ng is one such employer who put up 20 posters last month on lamp posts in Geylang, offering a $2,000 reward each for information on two of his Chinese foreign workers who went missing.
The large posters showed mugshots of Mr Jin Feijian and Mr Xia Miaolong, their work permit numbers, a cellphone number to call and the cash reward.
He picked Geylang to put up the posters because the area - especially the alleys near Aljunied MRT - has become a popular haunt for Chinese foreign workers.
The duo were among five workers who disappeared just before their work permits expired in August.
Mr Ng, 51, decided to start with posters of the two workers and see if his experiment worked.
It did. Last Friday morning, Mr Xia, 49, was spotted loitering near Geylang Lorong 25 - barely 50m from one of the posters with his photo on it.
The worker had turned himself in a week earlier, but had disappeared again.
This time, Mr Ng roped in several colleagues, including supervisor Jack Chew, and made the five-minute drive from their office to Lorong 25. They took the Zhejiang native back to their office along Sims Avenue then handed him over to the police.
The tip-off came from another Chinese worker, who has collected his reward, said Mr Ng.
The company is making some headway with the search for Mr Jin.
Mr Chew, 45, said he received a call two weeks ago from a Chinese national working on Jurong Island who said he had seen Mr Jin working there. Mr Chew said he is trying to gather more information before taking action.
The problem of missing foreign workers has been a headache for employers who stand to lose their $5,000 security bond for each missing worker.
Dr Ho Nyok Yong, president of the Singapore Contractors Association, said the missing worker problem has improved in recent years.
'Companies are now better informed and treat foreign workers better,' he said.
But it has become tougher to hunt down workers when they go missing, said Mr J. Ravi, director of repatriation firm UTR Services. 'They may be living in dormitories or flats all over the island, whereas in the past, they were usually found in areas such as Geylang or Little India,' he said.
When workers go missing, some employers would engage the help of repatriation agencies, which usually charge between $300 and $500 to track down a worker and pack the person off to the airport.
But Mr Chew and Mr Ng said they did not seek help from a repatriation agency because they wanted to avoid 'trouble'.
Mr Chew said: 'Sometimes, the worker could get locked up (by the repatriation company). We don't want the worker to complain. We thought it's better if we settle the matter ourselves.
'Also, we know the workers live and hang out in this area.'
Last month, another employer also put up posters in Geylang and Chinatown, offering rewards totalling $6,000 for information on three performers from China. At least two of them have been found, according to reports.
But putting up posters is not necessarily a sign of desperation, said Mr Ravi and Dr Ho. It is another way to create awareness and get more people to be on the lookout, they said.
Some also choose to put missing workers notices in Chinese and Tamil newspapers, usually with a reward of $1,000, said Mr Ravi.
It is a common practice for employers to distribute A5-size leaflets of missing employees to other workers as well.
But some employers said they still prefer to hire repatriation companies to do the job.
Said Madam Wendy Ng, 46, managing director of Senying Air-con Engineering, which employs technicians from China: 'The agency I have hired before is an expert at finding these workers. I'll go to them if necessary.'
Joint Proactive Enforcement Inspections on Repatriation Companies
The following press release was published by the Ministry of Manpower on 21 November 2011.
Joint Proactive Enforcement Inspections on Repatriation Companies
21 November 2011
1. On 14 Nov 2011, officers from the Ministry of Manpower (MOM), Singapore Police Force (SPF) and the Singapore Civil Defence Force jointly conducted proactive enforcement checks at the registered addresses of four repatriation companies. The inspection was aimed at ensuring that repatriation companies comply with the law when carrying out their business. Some examples include Penal Code offences against wrongfully restraining or confining any worker, as well as Employment of Foreign Manpower Act offences related to abetting employers to avoid payment of outstanding salaries or moneys due to the foreign worker.
2. The inspections are an initiative of the Inter-Agency Taskforce on Trafficking-in-Persons1, and were led by MOM and SPF.
Findings
3. Of the four premises inspected, two companies - A Team Services and Ultimate Security Consultants - were found to have ceased operations at their registered addresses. At 1 Aces Repatriation Pte Ltd, four workers, who have been residing at the premises for durations ranging from a few days to two months, did not highlight any employment issues when interviewed. They are allowed to move in and out freely on their own and held their own personal belongings and Work Passes. At UTR Services Pte Ltd, one foreign worker found at the premises said he had not encountered any issues staying there.
4. While no infringements were detected, the two repatriation companies inspected were reminded to comply with all our laws and to refer workers to MOM, if they have knowledge of outstanding employment issues such as salary disputes or Work Injury Compensation claims. Employers are reminded that they should check with their foreign workers if they have any employment issues and resolve them before repatriating their workers. MOM will not hesitate to take enforcement or administrative action (such as debarment) against any employers who attempt to repatriate or repatriate their foreign workers before their employment issues (e.g. salary, work injury etc) are settled.
5. Ms Jacqueline Poh, Divisional Director, Workplace Policy & Strategy Division, MOM and Singapore’s inter-agency TIP taskforce co-chair, said, “The Government does not tolerate the wrongful restraint of workers or their forceful repatriation without settling outstanding employment-related claims. When notified of such incidents by members of the public, the workers or NGOs2, we will respond and subsequently investigate both the repatriation companies and the employers who engage them.”
6. MOM and SPF will ensure that anyone who breaks the law will be taken to task. To ensure perpetrators are held accountable for their actions and workers are rendered assistance as soon as possible, foreign workers who are locked up in repatriation premises should contact the Police by calling 999 to seek assistance.
ISSUED BY THE SINGAPORE INTER-AGENCY TIP TASKFORCE
To view the Annexes, please log on to: http://www.mom.gov.sg/newsroom/Pages/PressReleasesDetail.aspx?listid=397
Joint Proactive Enforcement Inspections on Repatriation Companies
21 November 2011
1. On 14 Nov 2011, officers from the Ministry of Manpower (MOM), Singapore Police Force (SPF) and the Singapore Civil Defence Force jointly conducted proactive enforcement checks at the registered addresses of four repatriation companies. The inspection was aimed at ensuring that repatriation companies comply with the law when carrying out their business. Some examples include Penal Code offences against wrongfully restraining or confining any worker, as well as Employment of Foreign Manpower Act offences related to abetting employers to avoid payment of outstanding salaries or moneys due to the foreign worker.
2. The inspections are an initiative of the Inter-Agency Taskforce on Trafficking-in-Persons1, and were led by MOM and SPF.
Findings
3. Of the four premises inspected, two companies - A Team Services and Ultimate Security Consultants - were found to have ceased operations at their registered addresses. At 1 Aces Repatriation Pte Ltd, four workers, who have been residing at the premises for durations ranging from a few days to two months, did not highlight any employment issues when interviewed. They are allowed to move in and out freely on their own and held their own personal belongings and Work Passes. At UTR Services Pte Ltd, one foreign worker found at the premises said he had not encountered any issues staying there.
4. While no infringements were detected, the two repatriation companies inspected were reminded to comply with all our laws and to refer workers to MOM, if they have knowledge of outstanding employment issues such as salary disputes or Work Injury Compensation claims. Employers are reminded that they should check with their foreign workers if they have any employment issues and resolve them before repatriating their workers. MOM will not hesitate to take enforcement or administrative action (such as debarment) against any employers who attempt to repatriate or repatriate their foreign workers before their employment issues (e.g. salary, work injury etc) are settled.
5. Ms Jacqueline Poh, Divisional Director, Workplace Policy & Strategy Division, MOM and Singapore’s inter-agency TIP taskforce co-chair, said, “The Government does not tolerate the wrongful restraint of workers or their forceful repatriation without settling outstanding employment-related claims. When notified of such incidents by members of the public, the workers or NGOs2, we will respond and subsequently investigate both the repatriation companies and the employers who engage them.”
6. MOM and SPF will ensure that anyone who breaks the law will be taken to task. To ensure perpetrators are held accountable for their actions and workers are rendered assistance as soon as possible, foreign workers who are locked up in repatriation premises should contact the Police by calling 999 to seek assistance.
ISSUED BY THE SINGAPORE INTER-AGENCY TIP TASKFORCE
To view the Annexes, please log on to: http://www.mom.gov.sg/newsroom/Pages/PressReleasesDetail.aspx?listid=397
Saturday, November 19, 2011
Safety culture 'must be pervasive'
Straits Times, Published on Nov 19, 2011
AFTER having lowered the number of workplace deaths in four years, the next big step for Singapore is to build a pervasive safety-aware culture here, Minister of State for Manpower Tan Chuan-Jin said yesterday.
Workplace Safety and Health, or WSH for short, has to be instilled in people at the different levels of various industries so each individual takes personal responsibility, exercising this even beyond the workplace, said Mr Tan, who is also Minister of State for National Development.
He was answering a question from an audience of 140 industry leaders and association representatives on the second and final day of the third meeting of an international advisory panel on WSH.
The panel, comprising seven international WSH specialists, yesterday discussed key strategies that will take the number of workplace deaths down to 1.8 for every 100,000 workers by 2018. Already, it has gone down from 3.1 per 100,000 in 2006 to last year's low of 2.2, which the panel took as a signal of the Government's commitment to WSH.
Yesterday, the panel also took the industry leaders through its nine recommendations for Singapore, all of which the Government has accepted. Aside from the Government taking the lead to build a culture focused on safety and health, even among the young, the recommendations included:
* Putting more emphasis on occupational health.
* Drawing up plans for a zero accident rate.
* Making the seven-month-old WSH Institute an Asian leader in WSH.
* Making workers take ownership of WSH.
Acting WSH Council chairman Heng Chiang Gnee said: 'We are not just talking about safety and health in the workplace, but outside the workplace - maybe in terms of road safety or at home - to complement what we have been doing.'
One of the panel members, Professor Jorma Rantanen, cited two challenges to fostering a WSH culture here: One will come from the ageing workforce, and the other from incorporating safety and health material into the school curriculum, as Finland and Sweden have done.
SHULI SUDDERRUDDIN
AFTER having lowered the number of workplace deaths in four years, the next big step for Singapore is to build a pervasive safety-aware culture here, Minister of State for Manpower Tan Chuan-Jin said yesterday.
Workplace Safety and Health, or WSH for short, has to be instilled in people at the different levels of various industries so each individual takes personal responsibility, exercising this even beyond the workplace, said Mr Tan, who is also Minister of State for National Development.
He was answering a question from an audience of 140 industry leaders and association representatives on the second and final day of the third meeting of an international advisory panel on WSH.
The panel, comprising seven international WSH specialists, yesterday discussed key strategies that will take the number of workplace deaths down to 1.8 for every 100,000 workers by 2018. Already, it has gone down from 3.1 per 100,000 in 2006 to last year's low of 2.2, which the panel took as a signal of the Government's commitment to WSH.
Yesterday, the panel also took the industry leaders through its nine recommendations for Singapore, all of which the Government has accepted. Aside from the Government taking the lead to build a culture focused on safety and health, even among the young, the recommendations included:
* Putting more emphasis on occupational health.
* Drawing up plans for a zero accident rate.
* Making the seven-month-old WSH Institute an Asian leader in WSH.
* Making workers take ownership of WSH.
Acting WSH Council chairman Heng Chiang Gnee said: 'We are not just talking about safety and health in the workplace, but outside the workplace - maybe in terms of road safety or at home - to complement what we have been doing.'
One of the panel members, Professor Jorma Rantanen, cited two challenges to fostering a WSH culture here: One will come from the ageing workforce, and the other from incorporating safety and health material into the school curriculum, as Finland and Sweden have done.
SHULI SUDDERRUDDIN
'My employer in name only' says workers asked to choose between pay cut or repatriation
The following article was published by TWC2 on 19 November 2011.
Without work, Abubakar (right, above) was not getting any money and had to depend on free meals served by TWC2, but it wasn’t because the scaffolder wasn’t willing to work. It was simply because his boss was penalising him for refusing to take a pay cut. The boss had not assigned him to any work site for weeks.
Rafiqul (left) and Abubakar were just the visible end of a large group of abused workers, whose predicament shows up the ways in which employers exploit loopholes in the Ministry of Manpower’s foreign worker system, loopholes so large, one can drive an earth-mover through. Their cases also show how, even when there are rules, employers ignore and circumvent them because enforcement is known to be weak.
Their stories started like this: Both paid $3,200 to $3,500 to an employment agent in Bangladesh for job placement and arrived in Singapore in early April 2011. The agent had promised them jobs that paid a basic salary of $660 a month — a figure that was stated in the In-principle Approval for Work Permit (IPA). They roughly figured that, with a bit of overtime and saving about $300 a month, they would recover the cost of the agent’s fee within about a year.
However, when they arrived, they were told the salary would be $20 per day or about $$520 a month. There was some overtime, at a rate that was 1.5 times the basic rate, but working on Sundays was also computed at 1.5 times — when Singapore’s Employment Act stipulates that it should be 2 times the basic rate.
To read the rest of the article, please visit the link below:
http://twc2.org.sg/2011/11/19/my-employer-in-name-only-say-workers-asked-to-choose-between-pay-cut-or-repatriation/
Without work, Abubakar (right, above) was not getting any money and had to depend on free meals served by TWC2, but it wasn’t because the scaffolder wasn’t willing to work. It was simply because his boss was penalising him for refusing to take a pay cut. The boss had not assigned him to any work site for weeks.
Rafiqul (left) and Abubakar were just the visible end of a large group of abused workers, whose predicament shows up the ways in which employers exploit loopholes in the Ministry of Manpower’s foreign worker system, loopholes so large, one can drive an earth-mover through. Their cases also show how, even when there are rules, employers ignore and circumvent them because enforcement is known to be weak.
Their stories started like this: Both paid $3,200 to $3,500 to an employment agent in Bangladesh for job placement and arrived in Singapore in early April 2011. The agent had promised them jobs that paid a basic salary of $660 a month — a figure that was stated in the In-principle Approval for Work Permit (IPA). They roughly figured that, with a bit of overtime and saving about $300 a month, they would recover the cost of the agent’s fee within about a year.
However, when they arrived, they were told the salary would be $20 per day or about $$520 a month. There was some overtime, at a rate that was 1.5 times the basic rate, but working on Sundays was also computed at 1.5 times — when Singapore’s Employment Act stipulates that it should be 2 times the basic rate.
To read the rest of the article, please visit the link below:
http://twc2.org.sg/2011/11/19/my-employer-in-name-only-say-workers-asked-to-choose-between-pay-cut-or-repatriation/
Average of five foreign workers go missing each week in S'pore
CNA, Posted: 19 November 2011 2000 hrs
SINGAPORE: Over the last three years, about five foreign workers go missing each week on average.
On Saturday morning, Channel NewsAsia was at the scene when an employer who found his missing worker, handed him over to the police.
Once they saw the missing foreign worker, employer James Ng's staff held on to him while security personnel called the police. Mr Ng then took a photo as evidence.
Shortly after, six officers arrived in three police cars to conduct investigations.
Mr Ng said his 42-year-old worker is from Anhui, China, and had run away from his dormitory in Geylang in April. Mr Ng alleged that his worker had gone to work illegally for another construction company.
The worker was interrogated for three hours at Jurong industrial estate before he was brought to the police station. He is expected to be deported within a week.
Mr Ng said employers are liable for missing workers, and they may face legal repercussions, if workers get into any accident. He added that he is still trying to find three other missing workers, all from China, and is offering a reward of S$2,000 for each of them.
Mr Ng said: "The workers say they've lost a lot of money, so they can't go back to work. And when another company offers them a higher pay, they go there to work instead."
It is illegal for employers to recruit missing workers, and those who do so may get caned or jailed.
In a reply to Channel NewsAsia, the Manpower Ministry said the number of foreign workers who go missing is not large. It said that between 2008 and 2010, fewer than three out of every 1,000 workers in Singapore go missing. This amounts to about 250 cases annually.
The ministry said a worker is considered missing if he is not repatriated once his work permit is cancelled, and most of these workers were eventually found and repatriated.
-CNA/ac
SINGAPORE: Over the last three years, about five foreign workers go missing each week on average.
On Saturday morning, Channel NewsAsia was at the scene when an employer who found his missing worker, handed him over to the police.
Once they saw the missing foreign worker, employer James Ng's staff held on to him while security personnel called the police. Mr Ng then took a photo as evidence.
Shortly after, six officers arrived in three police cars to conduct investigations.
Mr Ng said his 42-year-old worker is from Anhui, China, and had run away from his dormitory in Geylang in April. Mr Ng alleged that his worker had gone to work illegally for another construction company.
The worker was interrogated for three hours at Jurong industrial estate before he was brought to the police station. He is expected to be deported within a week.
Mr Ng said employers are liable for missing workers, and they may face legal repercussions, if workers get into any accident. He added that he is still trying to find three other missing workers, all from China, and is offering a reward of S$2,000 for each of them.
Mr Ng said: "The workers say they've lost a lot of money, so they can't go back to work. And when another company offers them a higher pay, they go there to work instead."
It is illegal for employers to recruit missing workers, and those who do so may get caned or jailed.
In a reply to Channel NewsAsia, the Manpower Ministry said the number of foreign workers who go missing is not large. It said that between 2008 and 2010, fewer than three out of every 1,000 workers in Singapore go missing. This amounts to about 250 cases annually.
The ministry said a worker is considered missing if he is not repatriated once his work permit is cancelled, and most of these workers were eventually found and repatriated.
-CNA/ac
Maid plunges 15 floors to her death
First published in Lianhe Wanbao and the New Paper
A maid fell to her death after lashing out at her employers with eight knives.
The incident happened on a 15th floor unit at Draycott 8 condominium, off Stevens Road, on 27 February last year.
At the time, Ms Alma Agustin Abobo, 30, was working as a domestic helper for Mr Michael William Moore, 47 and his wife, Mrs Sumiko Moore, 45.
On the morning of 27 February, Ms Abobo had suddenly hit Mrs Moore on the back of her head with a clothes iron while Mrs Moore was having coffee and reading the day's papers.
The bleeding Mrs Moore dashed to her bedroom to seek her husband's help, only to find that Ms Abobo had climbed onto a window ledge and was holding eight knives in her hands.
The two immediately rushed to pull Ms Abobo back from the ledge but the maid lashed out violently at them, cutting the Moores on their hands.
Unable to hold onto Ms Abobo with their cut and bleeding hands, the Moores lost their grip and Ms Abobo fell to her death.
Prior to her death, Ms Abobo had worked only two months for the Moores and was known to be a quiet and withdrawn person.
She was said to have called her husband back home and told him that she could not stand her female employer, who would allegedly embarrass her in front of her friends.
In the incident, Mr Moore sustained a deep cut in his hand, with a cut artery and nerves, while Mrs Moore sustained a 3cm cut at the back of her hand and a bump at the back of her head.
The police do not suspect foul play regarding Ms Abobo's death.
Source: Lianhe Wanbao, 17 November 2011. Click here for the Chinese report.
URL: http://news.insing.com/tabloid/maid-plunges-15-floors-to-her-death/id-e1183f00
Lianhe Wanbao report, 17 Nov 2011
女佣握8刀高楼坠死 雇主夫妇救佣双双中刀
手握8把刀，半蹲15楼窗口，女佣坠楼惨死，雇主夫妇为救女佣，双双中刀送院！
一名性格内向的菲律宾女佣，到新雇主家工作2个多月后，疑因对新环境不满意而郁郁寡欢。一天早上，她如常泡咖啡给女主人喝，跟着竟趁女主人阅读报纸时，举起熨斗砸向女主人的头。
女主人被砸得头破血流，吓得直奔卧房向老公求救，两人赶到厨房时，女佣已经手握8把刀，半蹲在窗口上！
女佣情绪激动，又哭又闹，夫妇俩尝试劝她冷静，丈夫更冲前尝试将女佣拉进屋里，可是女佣却乱挥手中利刀，把雇主夫妇双双割伤。
不必煮饭看小孩，女佣申诉没事干。完整报道，请翻阅17.11.2011《联合晚报》。
A maid fell to her death after lashing out at her employers with eight knives.
The incident happened on a 15th floor unit at Draycott 8 condominium, off Stevens Road, on 27 February last year.
At the time, Ms Alma Agustin Abobo, 30, was working as a domestic helper for Mr Michael William Moore, 47 and his wife, Mrs Sumiko Moore, 45.
On the morning of 27 February, Ms Abobo had suddenly hit Mrs Moore on the back of her head with a clothes iron while Mrs Moore was having coffee and reading the day's papers.
The bleeding Mrs Moore dashed to her bedroom to seek her husband's help, only to find that Ms Abobo had climbed onto a window ledge and was holding eight knives in her hands.
The two immediately rushed to pull Ms Abobo back from the ledge but the maid lashed out violently at them, cutting the Moores on their hands.
Unable to hold onto Ms Abobo with their cut and bleeding hands, the Moores lost their grip and Ms Abobo fell to her death.
Prior to her death, Ms Abobo had worked only two months for the Moores and was known to be a quiet and withdrawn person.
She was said to have called her husband back home and told him that she could not stand her female employer, who would allegedly embarrass her in front of her friends.
In the incident, Mr Moore sustained a deep cut in his hand, with a cut artery and nerves, while Mrs Moore sustained a 3cm cut at the back of her hand and a bump at the back of her head.
The police do not suspect foul play regarding Ms Abobo's death.
Source: Lianhe Wanbao, 17 November 2011. Click here for the Chinese report.
URL: http://news.insing.com/tabloid/maid-plunges-15-floors-to-her-death/id-e1183f00
Lianhe Wanbao report, 17 Nov 2011
女佣握8刀高楼坠死 雇主夫妇救佣双双中刀
手握8把刀，半蹲15楼窗口，女佣坠楼惨死，雇主夫妇为救女佣，双双中刀送院！
一名性格内向的菲律宾女佣，到新雇主家工作2个多月后，疑因对新环境不满意而郁郁寡欢。一天早上，她如常泡咖啡给女主人喝，跟着竟趁女主人阅读报纸时，举起熨斗砸向女主人的头。
女主人被砸得头破血流，吓得直奔卧房向老公求救，两人赶到厨房时，女佣已经手握8把刀，半蹲在窗口上！
女佣情绪激动，又哭又闹，夫妇俩尝试劝她冷静，丈夫更冲前尝试将女佣拉进屋里，可是女佣却乱挥手中利刀，把雇主夫妇双双割伤。
不必煮饭看小孩，女佣申诉没事干。完整报道，请翻阅17.11.2011《联合晚报》。
Friday, November 18, 2011
More maids hired for eldercare
By Sia Ling Xin
my paper
Friday, Nov 18, 2011
More Singaporeans are employing domestic helpers who focus on caring for elderly family members, say employment agencies.
In fact, the proportion of prospective employers seeking such helpers has jumped from 10 per cent to more than 50 per cent in the last three years.
Employment agencies cite an ageing population as a reason for this trend.
One in five Singaporeans will be above 65 by 2030, according to a government report published in 2006.
Eight in 10 employment agencies my paper spoke to said the role of the domestic helper has shifted from taking care of children and household chores to mainly caring for the elderly.
The work includes preparing meals, accompanying seniors for walks and helping them to clean themselves.
Ms Lilian Pang, manager of 1Astar Employment Agency, said she sees more families with elderly relatives to care for.
"Taking care of an elderly parent can be very taxing, especially when people have to juggle work commitments and kids," she said.
About five to eight out of 20 of Ms Pang's clients list caring for an elderly person as the primary reason for engaging a domestic helper.
This is more than double the figure from three years ago, when only two out of 20 clients employed a maid for the same reason, she said.
Mr Richard Peh, managing director of Bettermaid Employment Agency, reported a similar trend.
About 60 per cent of his clients employ a maid because of an elderly family member, up from 40 per cent about three years ago.
Bank executive Jeannette Leow, 39, hired a maid three months ago to take care of her aged parents.
Doing so has helped to put her mind at ease.
Her 72-year-old father suffers from diabetes and her 65- year-old mother recently broke her hip.
"I found myself worrying about my parents all the time when I was at work. I couldn't concentrate," she said.
But the worries do not end with the hiring of a domestic helper. "My parents feel bad about the money we are forking out for the maid, or worry that we don't care about them any more," said Madam Leow.
"There's a lot of reassuring to do."
Ms Anita Ho, assistant director of Asian Women's Welfare Association's (AWWA's) Centre For Caregivers (CFC), said Madam Leow's concerns are common.
Even with a domestic helper, people still face considerable stress, she said, as they have to care for the physical, mental and emotional well-being of their parents.
Ms Ho said: "Family members must also take care of themselves, because if they collapse, the whole support system will collapse.
"Who will take care of the elderly then?"
URL: http://www.asiaone.com/News/AsiaOne%2BNews/Singapore/Story/A1Story20111118-311266.html
my paper
Friday, Nov 18, 2011
More Singaporeans are employing domestic helpers who focus on caring for elderly family members, say employment agencies.
In fact, the proportion of prospective employers seeking such helpers has jumped from 10 per cent to more than 50 per cent in the last three years.
Employment agencies cite an ageing population as a reason for this trend.
One in five Singaporeans will be above 65 by 2030, according to a government report published in 2006.
Eight in 10 employment agencies my paper spoke to said the role of the domestic helper has shifted from taking care of children and household chores to mainly caring for the elderly.
The work includes preparing meals, accompanying seniors for walks and helping them to clean themselves.
Ms Lilian Pang, manager of 1Astar Employment Agency, said she sees more families with elderly relatives to care for.
"Taking care of an elderly parent can be very taxing, especially when people have to juggle work commitments and kids," she said.
About five to eight out of 20 of Ms Pang's clients list caring for an elderly person as the primary reason for engaging a domestic helper.
This is more than double the figure from three years ago, when only two out of 20 clients employed a maid for the same reason, she said.
Mr Richard Peh, managing director of Bettermaid Employment Agency, reported a similar trend.
About 60 per cent of his clients employ a maid because of an elderly family member, up from 40 per cent about three years ago.
Bank executive Jeannette Leow, 39, hired a maid three months ago to take care of her aged parents.
Doing so has helped to put her mind at ease.
Her 72-year-old father suffers from diabetes and her 65- year-old mother recently broke her hip.
"I found myself worrying about my parents all the time when I was at work. I couldn't concentrate," she said.
But the worries do not end with the hiring of a domestic helper. "My parents feel bad about the money we are forking out for the maid, or worry that we don't care about them any more," said Madam Leow.
"There's a lot of reassuring to do."
Ms Anita Ho, assistant director of Asian Women's Welfare Association's (AWWA's) Centre For Caregivers (CFC), said Madam Leow's concerns are common.
Even with a domestic helper, people still face considerable stress, she said, as they have to care for the physical, mental and emotional well-being of their parents.
Ms Ho said: "Family members must also take care of themselves, because if they collapse, the whole support system will collapse.
"Who will take care of the elderly then?"
URL: http://www.asiaone.com/News/AsiaOne%2BNews/Singapore/Story/A1Story20111118-311266.html
Monks face pressure of foreign competition
Income from prayer sessions down as foreign monks charge lower rate
Straits Times, Published on Nov 18, 2011
By Lin Wenjian
Photo caption: Local monk Ang Juat Chong says he spoke to his MP, Mr Yaw Shin Leong, about unlicensed monks working in Singapore. -- ST PHOTO: SAMUEL HE
SOME monks here are feeling the heat of competition provided by their foreign counterparts.
In particular, the local monks claim that foreign monks, who are mostly from China and Malaysia, are undercutting them by charging up to 50 per cent less for prayer sessions conducted at funeral wakes.
Mr Ang Juat Chong, 59, a Singaporean who has been a Buddhist monk for the last 18 years, said his monthly income has gone down by as much as 70 per cent in the last two years because of this.
'Local monks charge about $1,200 to do Buddhist rites at funeral wakes, but these foreign monks charge only $600 or $700. So of course, funeral parlours will prefer to hire them,' he told The Straits Times yesterday.
He also suggested that some of these monks are not supposed to be chanting prayers at these wakes.
He said he knows of at least one 'monk' from Malaysia who is here on a work permit and supposed to be working as a salesman.
He added that there are real monks who are here on work permits that state they are doing religious work. But, he claimed, that permit does not allow them to be hired by funeral operators to chant prayers at wakes.
Mr Ang, who is based at a temple in Lorong 7, Geylang, said he has approached the authorities about this and also saw Hougang MP Yaw Shin Leong about it.
Mr Yaw mentioned the meeting in a Facebook post yesterday.
Other Buddhist monks said they have also noticed an influx of foreign monks in recent years.
Reverend Ru Hong, 55, of Guat Hoon Vegetarian temple in Kembangan, estimated that more than half of all monks here are foreigners, up from about 30 per cent two or three years ago.
He, too, claimed that while some of these foreign monks are real monks at home, they are being hired out to chant at wakes here despite being on other forms of work passes or even social visit passes.
Rev Ru Hong, who has been holding prayer sessions at funerals and other ceremonies for more than 10 years, added that these monks are mostly hired to do prayers by middlemen such as undertakers.
But he added that his takings have not been affected.
Mr K.C. Low, 61, who is from a Buddhist temple in Rangoon Road, said his income has dropped by at least 30 per cent in the past five years.
'The foreign monks are cornering the market, and from what I heard, some of them are willing to do prayers for just $200 or $300,' he said.
Mr Z. Chin, 63, who took to the cloth a decade ago and is based in a Buddhist temple in Geylang, said that some months go by without him getting called to conduct a single prayer session at funeral wakes.
Three or four years ago, he would do around three sessions every month.
The influx of monks is especially high during the Seventh Month Hungry Ghost period, said the disgruntled monks.
Mr Ang estimated that at least 100 such foreign monks operate here during this period because of the higher volume of prayers and other ceremonies.
While foreign monks may offer cheaper rates, Reverend Sek noted that they may not be familiar with local customs or praying procedures.
Still, Mr Calvin Tang, 35, an undertaker with Singapore Casket, said Singaporean families normally 'won't know the difference even though the foreign monks chant in a different way from local ones'.
Rev Ru Hong said local Buddhist monks go through a head-shaving ceremony witnessed by three senior monks in a monastery.
They also have a booklet that certifies that they have learnt all the rules and procedures and have vowed to abide by them, and this booklet is given out by temples.
Straits Times, Published on Nov 18, 2011
By Lin Wenjian
Photo caption: Local monk Ang Juat Chong says he spoke to his MP, Mr Yaw Shin Leong, about unlicensed monks working in Singapore. -- ST PHOTO: SAMUEL HESOME monks here are feeling the heat of competition provided by their foreign counterparts.
In particular, the local monks claim that foreign monks, who are mostly from China and Malaysia, are undercutting them by charging up to 50 per cent less for prayer sessions conducted at funeral wakes.
Mr Ang Juat Chong, 59, a Singaporean who has been a Buddhist monk for the last 18 years, said his monthly income has gone down by as much as 70 per cent in the last two years because of this.
'Local monks charge about $1,200 to do Buddhist rites at funeral wakes, but these foreign monks charge only $600 or $700. So of course, funeral parlours will prefer to hire them,' he told The Straits Times yesterday.
He also suggested that some of these monks are not supposed to be chanting prayers at these wakes.
He said he knows of at least one 'monk' from Malaysia who is here on a work permit and supposed to be working as a salesman.
He added that there are real monks who are here on work permits that state they are doing religious work. But, he claimed, that permit does not allow them to be hired by funeral operators to chant prayers at wakes.
Mr Ang, who is based at a temple in Lorong 7, Geylang, said he has approached the authorities about this and also saw Hougang MP Yaw Shin Leong about it.
Mr Yaw mentioned the meeting in a Facebook post yesterday.
Other Buddhist monks said they have also noticed an influx of foreign monks in recent years.
Reverend Ru Hong, 55, of Guat Hoon Vegetarian temple in Kembangan, estimated that more than half of all monks here are foreigners, up from about 30 per cent two or three years ago.
He, too, claimed that while some of these foreign monks are real monks at home, they are being hired out to chant at wakes here despite being on other forms of work passes or even social visit passes.
Rev Ru Hong, who has been holding prayer sessions at funerals and other ceremonies for more than 10 years, added that these monks are mostly hired to do prayers by middlemen such as undertakers.
But he added that his takings have not been affected.
Mr K.C. Low, 61, who is from a Buddhist temple in Rangoon Road, said his income has dropped by at least 30 per cent in the past five years.
'The foreign monks are cornering the market, and from what I heard, some of them are willing to do prayers for just $200 or $300,' he said.
Mr Z. Chin, 63, who took to the cloth a decade ago and is based in a Buddhist temple in Geylang, said that some months go by without him getting called to conduct a single prayer session at funeral wakes.
Three or four years ago, he would do around three sessions every month.
The influx of monks is especially high during the Seventh Month Hungry Ghost period, said the disgruntled monks.
Mr Ang estimated that at least 100 such foreign monks operate here during this period because of the higher volume of prayers and other ceremonies.
While foreign monks may offer cheaper rates, Reverend Sek noted that they may not be familiar with local customs or praying procedures.
Still, Mr Calvin Tang, 35, an undertaker with Singapore Casket, said Singaporean families normally 'won't know the difference even though the foreign monks chant in a different way from local ones'.
Rev Ru Hong said local Buddhist monks go through a head-shaving ceremony witnessed by three senior monks in a monastery.
They also have a booklet that certifies that they have learnt all the rules and procedures and have vowed to abide by them, and this booklet is given out by temples.
Need to keep 'open conversations' on well-being of foreign workers
TODAY, Nov 18, 2011
SINGAPORE - With the well-being of foreign workers a pressing issue - underscored by his recent visits to unapproved foreign worker housing - Minister of State for Manpower Tan Chuan-Jin stressed the importance of the Government's relationship with non-government organisations (NGOs) in tackling the situation.
In a Facebook post yesterday, Mr Tan said: "The Government plays a different role from NGOs, and there will be times when we may have to agree to disagree. Nonetheless, our differences should not blind us to opportunities to collaborate. We share many common objectives."
In his post, he had described his visits to foreign worker dormitories, as well as to the Migrant Workers Centre set up by employers and unions, and the Cuff Road Project - a "soup kitchen" for injured foreign workers - run by Transient Workers Count Too.
"Open conversations such as these are an integral part of building mutual respect and trust between the Government and its partners, and will greatly help to ensure that our policies and practices remain relevant to actual situations on the ground," said Mr Tan, who also commended the NGOs for their work.
Of a visit to a purpose-built dormitory last Tuesday, Mr Tan noted it was "well-organised and maintained" and said the Government would work towards providing more of such sites.
A visit to a non-approved foreign worker housing at a factory in Sungei Kadut revealed cramped living quarters converted from unused wooden cabinets, in a mezzanine accessible only by a single unsteady ladder, and covered with sawdust.
"One can only wonder about the long-term effects of living under such conditions, or the terrible consequences in the event of a fire," said Mr Tan, adding that the employers have been told to relocate their workers to proper living conditions within two weeks.
He also visited workers' dorms which were overcrowded and would be investigated.
Providing acceptable housing for foreign workers is simply "the right thing for employers to do". "It is unacceptable for employers, or unscrupulous operators of foreign worker housing, to house workers in sub-standard conditions because they want to save costs or maximise profits," he said.
SINGAPORE - With the well-being of foreign workers a pressing issue - underscored by his recent visits to unapproved foreign worker housing - Minister of State for Manpower Tan Chuan-Jin stressed the importance of the Government's relationship with non-government organisations (NGOs) in tackling the situation.
In a Facebook post yesterday, Mr Tan said: "The Government plays a different role from NGOs, and there will be times when we may have to agree to disagree. Nonetheless, our differences should not blind us to opportunities to collaborate. We share many common objectives."
In his post, he had described his visits to foreign worker dormitories, as well as to the Migrant Workers Centre set up by employers and unions, and the Cuff Road Project - a "soup kitchen" for injured foreign workers - run by Transient Workers Count Too.
"Open conversations such as these are an integral part of building mutual respect and trust between the Government and its partners, and will greatly help to ensure that our policies and practices remain relevant to actual situations on the ground," said Mr Tan, who also commended the NGOs for their work.
Of a visit to a purpose-built dormitory last Tuesday, Mr Tan noted it was "well-organised and maintained" and said the Government would work towards providing more of such sites.
A visit to a non-approved foreign worker housing at a factory in Sungei Kadut revealed cramped living quarters converted from unused wooden cabinets, in a mezzanine accessible only by a single unsteady ladder, and covered with sawdust.
"One can only wonder about the long-term effects of living under such conditions, or the terrible consequences in the event of a fire," said Mr Tan, adding that the employers have been told to relocate their workers to proper living conditions within two weeks.
He also visited workers' dorms which were overcrowded and would be investigated.
Providing acceptable housing for foreign workers is simply "the right thing for employers to do". "It is unacceptable for employers, or unscrupulous operators of foreign worker housing, to house workers in sub-standard conditions because they want to save costs or maximise profits," he said.
Subscribe to:
Posts (Atom)