EMPLOYMENT FOR CONTRACT AND PART-TIME WORKERS

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EMPLOYMENT FOR CONTRACT AND PART-TIME WORKERS:

(Compliance by employers): 16.

Mdm Halimah Yacob asked the Acting Minister for Manpower what measures are in place to ensure that employers comply with the basic terms and conditions of employment stipulated under the Employment Act for contract and part-time workers and that these workers are paid CPF.

Mr Hawazi Daipi (for the Acting Minister for Manpower): Sir, like their regular and full-time counterparts, contract and part-time employees are covered under

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the CPF Act, Employment Act and other employment laws. MOM adopts a two-pronged strategy of enforcement and education, to ensure that employers comply with employment laws and that workers are aware of their rights and could seek advice and assistance when necessary. As most of the compliance cases involve low-wage workers, this is where MOM has placed greater emphasis.

MOM and CPF Board have stepped up enforcement efforts against errant employers who fail to comply with the basic employment standards or fail to contribute CPF for their employees. In 2008, CPF Board detected a total of 603 employers who defaulted on CPF payments affecting 5,222 employees and prosecuted 218 errant employers. MOM has also prosecuted 24 employers for Employment Act violations in 2008.

MOM and CPF Board have identified certain industries as being more prone to non-compliance of employment laws, and have proactively mounted audit inspections on these industries. Such inspections have been effective in helping workers receive employment benefits and CPF due to them under the relevant Acts. For example, between January 2007 and August 2008, CPF Board's audit efforts led to 46,200 informal workers being converted to formal employment which enabled them to receive CPF contributions. In the security industry, for example, MOM has worked closely with the industry leaders and the Police, to improve the employment conditions in the sector. As a result, the number of salary disputes in the sector has dropped steadily over the past three years from over 300 salary disputes in 2005 to about 140 salary disputes last year. The employment terms in the sector have also improved and the majority of security officers are now provided with employment benefits stipulated in the

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Employment Act such as rest days, annual leave, medical benefit and public holidays. Some agencies have also gone beyond the legal requirements to implement good employment practices such as providing written contracts instead of verbal contracts, and issue pay slips to its security officers.

To raise awareness amongst workers of their employment rights and to promote the adoption of good employment practices by employers, the Tripartite Committee on CPF and Work Related Benefits for Low Wage Workers, which I chair, released a Tripartite Advisory on Responsible Outsourcing Practices in March last year. The Advisory encourages end-user companies to take a more proactive role in ensuring that their service suppliers provide basic employment terms and conditions to their contract workers and comply with employment laws. The public sector has since taken the lead to adopt the Advisory. The tripartite partners have also worked together to reach out to employers, service buyers, managing agents and service providers to adopt the Advisory and implement best sourcing practices.

MOM and CPF Board will continue to engage employers regularly through briefings, dialogue sessions and publications on their obligations to comply with the employment laws, and employees on their rights, regarding CPF contributions, and statutory employment rights and benefits. This includes newsletters published in major newspapers to inform the public of rules under the Employment Act governing the payment of salaries, leave and overtime.

Mdm Halimah Yacob: Sir, I have three follow-up questions. First supplementary question to Senior Parliamentary Secretary is to ask, how many complaints has MOM received with regard to non-compliance of Employment Act terms and conditions for

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those employed as part-timers and contract workers.

Secondly, I would like to ask MOM's Senior Parliamentary Secretary what additional measures would we put in place to provide better protection to part-time and contract workers because we can expect the numbers to escalate in the current downturn. We have already seen the numbers escalate.

Thirdly, I would like to ask Senior Parliamentary Secretary what effective mechanism is put in place to ensure that employers comply with the Tripartite Advisory on Responsible Outsourcing.

Mr Hawazi Daipi: Sir, on complaints received, very quickly

,: in 2006, employment-related claims by permanent and contract workers, the total was 6,600; in 2007 – 6,100; and last year up to November, about 4,900. Of these, the proportion of claims from part-time or temporary or casual workers formed no more than 3%.

Second question on protection, Sir, the Employment Act and other laws pertaining to employment provide sufficient and strong protection to our workers. What MOM and CPF Board are doing now is to make sure that we educate members of the public of their rights, and the employers, enlighten them of their responsibilities and ensuring that they comply. We also have increased enforcement by both MOM as well as the CPF Board. As a result, the number of errant employers that have been taken to task has been quite effectively dealt with. And I hope this can deter employers from abusing their foreign workers by not paying their salaries including CPF, as well as infringing employment laws.

Mdm Halimah's third question is about effective mechanism. I think there is already effective mechanism in place -

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the laws, enforcement measures taken by MOM as well as education approach measures done together with tripartite partners, particularly by MOM and the CPF Board. We are reaching out to more companies educating them about their responsibilities including complying to the guidelines issued by the Committee.

Mdm Halimah Yacob: Sir, we have been told by Senior Parliamentary Secretary that there are thousands, like in 2006, for instance, there were 6,000 over complaints received related to employment but only 3% were from part-time and contract workers. The number seems to be pretty small compared to the anecdotal evidence that we received on the ground about non-compliance with employment related laws as well as CPF payments. Is the Ministry concerned, therefore –

Mr Speaker: Can you ask your question please, Mdm Halimah? We do not have much time left.

Mdm Halimah Yacob: The question, Sir, could the Ministry please comment on this apparent disconnect between what is happening on the ground and the statistics that the Ministry receives. That relates to the next question on whether there is a need to review the Ministry's existing enforcement mechanism on the matter.

Mr Speaker: You have four minutes left.

Mr Hawazi Daipi: Sir, we have to go by the number of complaints received. We cannot base on hearsay. Based on the number of complaints that we received, we have been able to deal with the cases quite effectively.

Number two, as I said earlier, the Ministry together with the CPF Board has stepped up enforcement and worked with

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the specific industries to ensure that the workers are better protected under the laws, and employers conform to the requirements of the laws. CPF Board, for example, have worked with specific industries, cleaning industry, security industry, for example, in educating, explaining to the employers about their responsibilities. And as a result, more companies have come onboard to offer better terms and conditions and to comply with the requirements of the laws. I think these are evidence of how measures taken by CPF Board and MOM, in particular, have been quite effective. There would be some abuses by employers but when we come to know about it, we will take action, investigate and take the necessary action against such employers.

Sir, I would like to reiterate that despite the perception, the proportion of complaints received from part-time, casual and temporary, or term contract employees, is relatively low. The figure I gave Mdm Halimah earlier was for part-time workers only; they are less than 3%, but together with casual and temporary workers, in 2006, they formed about 4%. In 2007, they formed about 8%. And up to November last year, the number of complaints dealt with was about 5.3%. I think they are relatively small but, of course, we want to protect all workers; part-time, full-time, contract workers, casual workers and help casual workers go into full-time or formal employment, so that they can enjoy CPF.

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WORKPLACE SAFETY:

(Update on progress): 17.

Mr Ong Ah Heng asked the Acting Minister for Manpower (a) whether the Ministry's objective of developing a culture of workplace safety has been achieved so far; (b) how will the Ministry

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ensure that the large number of transient workers in Singapore are properly and duly trained in safety measures; and (c) what extra measures have been taken to address the high number of fatalities in the marine and construction industries.

Mr Speaker: One and a half minutes, Mr Hawazi.

Mr Hawazi Daipi (for the Acting Minister for Manpower): Sir, since the launch of the new Workplace Safety and Health (WSH) framework in 2005, we have made good progress in promoting the culture of safety in the workplace. Today, there is greater awareness and ownership by the industry on workplace safety. These efforts have contributed to a significant reduction in workplace fatality rate from 4.9 deaths per 100,000 workers in 2004 to 2.9 in 2007.

MOM and the newly formed WSH Council will continue in its efforts to further strengthen workplace safety culture. We want to nurture a culture where individuals recognise their responsibility in protecting not only their own health and safety, but that of others working with them. We also want safety and health to become a way of life such that every worker naturally and routinely thinks about safety as they go about their work.

We have set a new target to lower our workplace fatality rate to below 1.8 fatalities per 100,000 workers by 2018 and bring our safety record on par with the best in the world. To achieve this, we have revised our national WSH strategy, known as WSH 2018.

Mr Ong has also expressed concerns over the training of foreign workers in workplace safety. All new workers working in any high-risk sector such as the construction, marine, metal working, oil and petrochemical industry must attend their respective mandatory Safety –

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3.00 pm

Mr Speaker: Order. End of Question time.

[ Pursuant to Standing Order No. 22(3), Written Answer to Question No. 17 on the Order Paper is reproduced in the Appendix*. ]

*Cols. 1313-1316