WORKPLACE SAFETY OF DOMESTIC HELPERS

WORKPLACE SAFETY OF DOMESTIC HELPERS: * * *

33.

Mr Hri Kumar Nair asked the Acting Minister for Manpower what his Ministry's position is with respect to the prosecution of family members and others who are authorised by the employer to give instructions to domestic helpers and who fail to ensure that the helpers perform their work in a safe manner.

Mr Gan Kim Yong: An employer is required under the Work Permit conditions to provide safe working conditions for his foreign domestic worker (FDW) and ensure that she performs her duties in a manner which does not endanger her life or personal safety. The employer will still be held liable even if he has left the direct supervision of the FDW to other family members. A breach of Work Permit conditions constitutes an offence under Section 22(1)(a) of the Employment of Foreign Manpower Act (EFMA). If convicted, the employer could be fined up to $5,000 or imprisoned up to six months or both. MOM will also debar convicted employers and their spouses from employing FDWs.

In addition, prosecution action may also be taken against the employer’s household members if they were responsible for creating the unsafe work environment or had instructed the FDW to perform work in an unsafe manner. They may be charged with abetment of the breach of Work Permit conditions under the EFMA. They may also be prosecuted for endangering safety through a rash or negligent act which is an offence under section 336 of the Penal Code, which carries a fine of $2,500 or imprisonment of six months or both. Whether a prosecution for abetment of Work Permit Conditions or under section 336 of the Penal Code is mounted will depend on the facts of the case.

My Ministry will not hesitate to prosecute employers and their household members who endanger the safety of FDWs.

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