INVESTIGATION INTO COMPLAINT BY FOREIGN DOMESTIC WORKER

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INVESTIGATION INTO COMPLAINT BY FOREIGN DOMESTIC WORKER: 6.

Mr Lim Biow Chuan asked the Acting Minister for Manpower (a) what is the average time taken to complete an investigation into a complaint lodged by a foreign domestic worker against her employer; and (b) whether the employer under investigation can employ another foreign domestic worker in the meantime.

Mr Hawazi Daipi (for the Acting Minister for Manpower): Sir, when a complaint is lodged by a foreign domestic

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worker (FDW) against her employer, MOM will first assess the case to see if an investigation is warranted.

In some cases, the complaint arises from a misunderstanding between the employer and the foreign domestic worker. In these situations, MOM would assist to clarify and mediate between the two parties. There would then be no need for an investigation. In 2007, about 35% of the nearly 2,100 complaints made were resolved at this stage.

Where the facts reveal that an offence may have been committed, MOM will proceed to carry out an investigation. The duration of investigation into each case depends on its complexity and the level of cooperation given by the various parties involved. It is important to ensure investigations are carried out thoroughly. For the cases investigated in 2007, about 81% were completed within 90 days or three months.

If investigations reveal evidence that the employer is likely to have committed an offence, he will be blacklisted from employing another FDW. This is necessary to protect other FDWs from falling victim to errant employers.

Mr Lim Biow Chuan (Marine Parade): Sir, I just want to clarify with the Senior Parliamentary Secretary. In the meantime, whilst investigations are being carried out, is the employer allowed to employ another foreign domestic worker?

Mr Hawazi Daipi: Sir, that depends on the nature of the complaint. If the complaint involves abuses and rather serious, we will not allow the foreign domestic worker's employer to employ another domestic worker while investigations are still ongoing. But in some

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cases where it involves possible misunderstanding, we may consider.

Mr Lim Biow Chuan: Sir, again just to clarify. Last month, the Law Minister had reiterated the principle that all are innocent until proven guilty. By taking such administrative action to prohibit an employer from employing a foreign domestic worker whilst the case is being investigated, would this not go against the principle that the employer should be deemed innocent until he is proven guilty? Has MOM considered that the administrative action in prohibiting the employer would be unfair to employers with young children or with elderly parents who may need a foreign domestic worker urgently and who may be innocent of the complaint by the foreign domestic worker?

Mr Hawazi Daipi: Sir, I do remember the Minister for Law saying that, but I also remember him saying that those who are not charged or have not been found guilty may not necessarily be innocent.

Generally, Sir, the Ministry looks into all cases of FDW's complaints and where the complaints suggest there are breaches of the work permit conditions by the employer, a thorough investigation would be undertaken. All complaints by FDWs are dealt with objectively and when a prima facie case has been established for serious breaches, such as physical abuses, ill treatment, non payment of salaries or illegal deployment of foreign domestic worker, the employer will not be allowed to employ a new foreign domestic worker pending the outcome of MOM's investigations. This is a precautionary measure to prevent another FDW from being subject to the same abuse while investigations are ongoing.

Similarly, when an FDW is under investigation for complaints against her, she will not be placed with another employer while investigations are ongoing.