COMPLAINTS AGAINST SECURITY GUARD AGENCIES

COMPLAINTS AGAINST SECURITY GUARD AGENCIES

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(Breach of Employment Act): **

3.

Ms Sylvia Lim asked the Minister for Manpower (a) how many complaints were received in the last 24 months concerning security agencies making guards work excessive hours or denying them benefits under the Employment Act; (b) whether such

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cases indicate industry-wide problems or are merely aberrations involving the individual agencies; (c) of the proven breaches, whether the affected guards received compensation or other relief; and (d) whether the Commissioner of Labour has exempted any employers in this industry from compliance with the Employment Act under section 41A and, if so, which requirements were exempted and what were the factors taken into account to grant such exemptions.

Dr Ng Eng Hen: Between January 2005 and December 2006, the Ministry of Manpower (MOM) received 383 complaints against 65 security guard agencies for requiring their employees to work excessive hours or denying them statutory employment benefits such as overtime payment.

There are 272 security guard agencies operating in Singapore and feedback from industry indicated that 12 or more-hours working shifts had been traditional practice for many security guards in this industry. In order to raise both the professional and employment standards in the industry, inter-agency efforts were initiated that involved MOM, the Security Industry Regulatory Department of the Singapore Police Force, the Workforce Development Agency, industry associations and the Union of Security Employees.

Of the valid claims made by employees of security companies from January 2005 to December 2006, MOM has successfully resolved 83% of them. Claims for outstanding salary and other statutory benefits were successfully recovered from their employers. 10% of cases are pending payment, while in 7% of the cases, the claimant did not pursue the claim.

From January 2005 to December 2006, 81 security guard agencies have been granted overtime exemptions by the Commissioner of Labour for periods ranging between 6 months to 2 years. Companies are granted exemption only if the employers meet the following criteria, namely: (i) obtain the consent of employees in extending their overtime hours, (ii) comply with other Employment Act provisions, (iii) have a good track record for maintaining both safety and health as well as employment standards, and (iv) secure the agreement of the unions in the company (if any). These safeguards ensure that the well-being of the employees in such companies are not compromised. Even so, exempted employers can still be prosecuted if they breach these conditions or other relevant aspects under the EA.

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