PROTECTION OF MIGRANT WORKERS

PROTECTION OF MIGRANT WORKERS

33.

Ms Irene Ng Phek Hoong asked the Minister for Manpower (a) whether protection for migrant workers has kept pace with the expansion of their numbers in Singapore; and (b) what measures are being taken to ensure that employers and employment agencies do not exploit the foreign workers by imposing high recruitment fees and withholding their passports.

Mr Gan Kim Yong: MOM has put in place several measures to better protect migrant workers.

First, we have enhanced our laws to better protect our migrant workers. In 2007, the Employment of Foreign Manpower Act was reviewed to provide for enhanced penalties for offences involving foreign workers. In addition, MOM introduced new Work Permit and S Pass conditions in 2008 to make it an offence for employers to accept or ask for kickbacks(2), and reviewed the employment agencies licence conditions to prohibit local employment agencies from being party to kickbacks(3). Since 1st January this year, we have implemented a new security bond condition to require employers to pay their foreign workers’ salaries promptly(4).

Second, we have intensified enforcement against errant employers. A total of 226 employers were prosecuted last year for various offences, including unpaid salaries, illegal deployment and phantom worker scams. Errant employers may also be barred from employing foreign workers in the future. MOM has also stepped up enforcement against errant employment agencies. In 2009, 11 employment agencies had their licences revoked and their security deposits forfeited due to infringements under the Employment Agencies Act or the Employment of Foreign Manpower Act(5). Besides losing the security deposits, the licensees and directors of these employment agencies are prohibited from holding employment agency licences or holding appointments in other employment agencies.

Third, MOM has put in place early detection measures. For example, MOM monitors employers who default on levy payments to detect possible cases of salary arrears. MOM

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has also stepped up inspections at foreign workers’ dormitories to ensure that workers are housed properly, and to check if they are receiving their salaries on time.

Fourth, we extend assistance to legitimate workers who are affected by employment malpractices. For example, MOM helps workers pursue their salary arrears with their employers, and facilitates the workers’ repatriation. MOM also works closely with the Migrant Workers Centre under the NTUC to reach out to the workers and provide humanitarian assistance such as food and lodging to those who require it.

Finally, MOM has increased foreign workers’ awareness of their employment rights and sources of help through several channels, such as information in the In-Principle Approval letters which are sent to migrant workers in their home countries prior to their departure for Singapore, a handbook given to all new workers in their native language, and regular dormitory road shows. New workers from the construction and marine sectors are also educated on their employment rights at their mandatory safety orientation courses.

As the Member has pointed out, migrant workers may have paid high recruitment fees to come to Singapore. However, the bulk of such fees may be paid to fellow countrymen in their home countries, beyond Singapore’s jurisdiction. It is the responsibility of the foreign governments to enforce their laws and take action against the errant employment agencies in their own countries. Nonetheless, to facilitate the investigations of foreign governments, MOM works closely with foreign embassies and shares relevant information obtained during the course of our investigations.

As for employers and employment agents retaining workers’ passports, I would like to reiterate that employers should not retain their foreign workers' passports without their consent. Even if prior consent was given for the employers to retain the passports, the employers must return the passports upon the foreign workers' request. The Employment Agency Rules and licensing conditions clearly prohibit employment agencies from retaining the passports of foreign workers. Last year, two employment agencies were convicted and 33 sternly warned and issued with demerit points for withholding the passports of foreign workers. Two employment agencies are currently facing prosecution charges and eight other employment agencies are under investigation.

While MOM will continue to ensure that appropriate measures are in place to deter any errant employers and protect migrant workers, ultimately we need all employers and workers to play their part in acting responsibly and cooperatively to build and sustain a strong workplace.

(2) Employers who breach these conditions will be fined up to $5,000 and/or imprisoned for up to six months under the Employment of Foreign Manpower Act. They will also be barred from employing foreign workers in future.

(3) Employment agencies which breach the licensing regulations are liable to have their licences revoked and their security deposits of $20,000 forfeited.

(4) The new security bond conditions will apply to non-Malaysian foreign workers who (a) have been issued with work permits on or after 1st January 2010 or (b) are renewing work permits on or after 1st January 2010.

(5) The security deposit is $10,000 for an accredited agency and $20,000 for a non-accredited agency.