DEPOSITS BY EMPLOYERS FOR EMPLOYING FOREIGN MAIDS (Forfeiture)

Mr Kenneth Chen Koon Lap asked the Minister for Manpower whether he will review the law on forfeiting of deposits by employers when their maids run away, as it is physically not possible for employers to prevent their maids from doing so.

The Minister of State for Manpower (Encik Othman bin Haron Eusofe) (for the Minister for Manpower): Sir, currently, all employers of Non-Traditional Source foreign workers, including foreign domestic workers (FDWs), are required to post a $5,000 security bond with my Ministry. The security bond is to ensure that employers upkeep and maintain their foreign workers while they are working here, and repatriate their workers when their services are no longer needed. The $5,000 security bond will be forfeited if the worker is not repatriated after the cancellation of his or her work permit.

I understand employers' concern that it is not always possible for them to stop their FDWs from absconding, as they are not in a position to monitor their foreign domestic workers' activities at all times. Nevertheless, the repatriation of the FDW is one of the responsibilities which the employer accepted in bringing her here to work. Without this obligation, we will run the risk of having a large number of NTS foreign workers, including the foreign domestic workers, abandoned by their employers for a variety of reasons. The security bond has served us well. The number of such runaways and missing foreign workers has been kept to a minimum over the years.

However, my Ministry is sympathetic to employers whose FDWs had run away. The employer is given one month after the FDW's work permit is cancelled to locate and repatriate the worker, failing which his security deposit of $5,000 will be forfeited. We are also prepared to consider an appeal for a refund of the security deposit if the FDW is subsequently located and repatriated within three months after the forfeiture of the security deposit.

Sir, the foreign domestic workers who run away do so for a variety of reasons. However, our experience shows that the FDW is more likely to run away if she is ill-treated while working here. Employers should therefore ensure that their FDWs are well treated and not over-worked and abused. The FDWs should also be paid a reasonable salary and given sufficient rest and food. This will help to reduce the likelihood of their FDWs absconding.

Mr Kenneth Chen Koon Lap (Hong Kah): Sir, no employer would willingly want his or her maid to run away, although there are many instances quoted by the Minister of State ---

Mr Speaker: Mr Chen, no speeches. Ask your question.

Mr Kenneth Chen Koon Lap: All right, Sir. I would like to ask the Minister of State, in view of the fact that the employer has no control over the runaway maid - and when the maid runs away they suffer both inconvenience and financial loss - can the Ministry consider, in genuine cases, whether they can lower the amount of the forfeiture?

Encik Othman bin Haron Eusofe: Sir, the foreign domestic worker is the responsibility of the employer. He or she has to take control of her and should manage her. This security bond is a safeguard that the employers will take full responsibility of their foreign domestic workers. Without the security bond, the employers may not exercise proper management and supervision on their foreign workers and this will result in more of them missing. Sir, we take into account the problems which the employers have and we are very flexible in the way we administer this requirement. We give them sufficient time to look for the missing worker.

First, we allow them to cancel their maid's work permit so that, in the interim, they do not have to pay the levy and, if they can locate their maid within one month, we will not forfeit their deposit. And even after forfeiting the deposit and they manage to help locate the maid within a period of three months, we will refund the deposit. So we are very flexible. We understand that they have problems, but they must take full responsibility and, if they look after their maid's welfare and safety properly, I am sure that the maid will enjoy her work with the employer and will be most unlikely to abscond.

Mr Kenneth Chen Koon Lap: I would like to ask the Minister of State how realistic is it for an ordinary Singapore citizen to be given one month to look for a runaway maid in Singapore. It is like looking for a needle in a haystack.

Encik Othman bin Haron Eusofe: One month is quite a fair period of time. In fact, they are given another three months thereafter to locate and they will have a chance to get their security bond refunded. So, basically, it is not one month but four months. It is a long period of time. They can help locate their missing maid by either going back to the employment agents for assistance, or to the embassy, because sometimes maids who have complaints or grievances against their employers report to their embassies. So they can go to the embassy and try to get some help. But the most important thing is that they should really manage and supervise their maids carefully. If they are good employers of their maids, it is most unlikely that the maids will run away. That is our experience.

Mr Low Thia Khiang (Hougang): Sir, firstly, why is the flexibility given for locating the maid and the refund of the deposit restricted to only four months? Why is it not that as and when the lost maid is found and repatriated, the security deposit will be refunded? Why restrict it to four months? Secondly, I would like to know what assistance would the Ministry of Manpower provide to employers whose maids have absconded, ie, help the employers to locate the maids.

Encik Othman bin Haron Eusofe: Sir, can I repeat that four months is a reasonably long time. We want to ensure that employers take genuine steps to try and locate their lost or runaway maid. So we give them a sufficient period of time for them to do so. Beyond that, if there are instances which warrant us to reconsider, we will reconsider. But four months is a fairly reasonable period. As I mentioned earlier, ie, how we can help, we have advised employers. They should try and get their employment agents, who probably know other maids who know the maid who has run away, and try to contact her or find out more particulars about the maid, her friends, and also work with the embassy because sometimes the maids report to the embassy when they are not fairly treated or when they have complaints against their employers. These are the types of assistance that we can give to employers.

Mr Low Thia Khiang: I do not think the Minister of State has answered my question. My question is what assistance specifically, besides advice, is there to help the employers to locate their maids? Employers pay foreign domestic workers' levy to the Ministry. Does the Minister of State not think that it should provide certain services to the employers in the event that the maid runs away and the likelihood that the deposit would be forfeited? Secondly, regarding the period of time, to the Ministry four months is sufficient. I understand that the purpose of the security deposit is to make sure that the employer takes full responsibility for repatriating the maid. So as long as whichever month ---

Mr Speaker: Mr Low, can you ask your question?

Mr Low Thia Khiang: All right, Sir. As long as the employer eventually repatriates the maid - whether it is six months later or one year later, he locates the maid and repatriates her - can the Ministry not consider refunding the full security deposit to the employer? It serves the same purpose.

Encik Othman bin Haron Eusofe: Sir, as I have replied, usually if they repatriate the maid within four months, we will refund the security bond. But, if they take a bit more time, we will look at the circumstances of the case and, if they have actually shown evidence that they have helped locate the maid and repatriate her, then we will examine the circumstances and will help them as far as we can.

Mr Goh Chong Chia (Nominated Member): While we hold the employer responsible, why not we hold the maid responsible as well? If the maid is eventually found, would she be charged as an illegal immigrant?

Encik Othman bin Haron Eusofe: Yes, if her work permit is cancelled and she does not go back, and she does not have a visa or a visit pass to stay here, then she will be accordingly charged as an overstayer or illegal immigrant.

Mr Goh Chong Chia: What is the number of maids who have been charged?

Encik Othman bin Haron Eusofe: Sir, I do not have the figures at this particular juncture, but if the Member can file a question, the Ministry will give him the answer. Illegal immigrants have been charged from time to time. Some of them may be maids. There may be some other foreign workers who are also illegal immigrants or overstayers for that matter.

Mr Gerard Ee (Nominated Member): Sir, I would like to seek a clarification on whether runaway maids are considered as fugitives and therefore targets to be searched for by the authorities, and what are the track records that any authority has found them within four months.

Encik Othman bin Haron Eusofe: Sir, I do not have any figures of runaway maids who have been found within four months. But they are basically persons who have run away from the employers. If they do not have a work permit, in the event that the employer has already cancelled the work permit, they are illegal stayers in that sense.

Mr Gerard Ee: Sir, the point I am trying to make is that if the authorities are looking for her and cannot locate her in four months, what hope does an employer have of finding a missing maid in four months?

Encik Othman bin Haron Eusofe: The employers know the maids if they have been working for them for a while. They probably know the friends of their maids because they stay in the same neighbourhood. Sometimes, they can check with the friends of the maids who are in the neighbourhood, and may be able to contact them. I think the employer must make a serious attempt to locate the maid who is missing, rather than just leave it to the authorities. Because if they have managed the maids properly, and have looked after their welfare, I do not think their maids will run away in the first place.

Mr Low Thia Khiang: Sir, the Minister of State has not answered my question. Besides providing advice to the employers, what other services does the Ministry of Manpower provide to the employers who have paid the foreign workers' levy every month to help locate the maid?

Encik Othman bin Haron Eusofe: The levy has many other purposes. Firstly, it is to put a cap on the number of foreign workers in Singapore. That is one of the functions of the levy. The levy is not just for the purpose of looking after maids who are missing. We, in fact, give a lot of services to foreign domestic workers and the employers. We provide a video on how they should treat their workers, we give them advice on what they should do and should not do, and we also provide them educational pamphlets. I think there are a lot of services that we offer the employers and foreign workers. This is to help them to manage their foreign workers in a proper way and also to take care of their security and welfare.

Mr Low Thia Khiang: Sir, on this specific issue of runaway maids, how does the Ministry help the employers to locate the maids, besides giving advice?

Encik Othman bin Haron Eusofe: We would advise them in a way that they are properly prepared. Prevention is better than cure. So, if they treat their maids properly, I do not think they would have a missing maid. It is very simple.

Assoc. Prof. Toh See Kiat (Aljunied): Sir, in view of what the Minister of State said about the fact that the employer can do best efforts to look for this maid, and considering the fact that individual employers do not have the resources at their command as the State would, would the Ministry consider situations where the employer has done all that she could and still cannot find the maid, that the deposit will be refunded at least in part or even in whole?

Encik Othman bin Haron Eusofe: Sir, when the employer applies for a maid, she/he understands that certain conditions are given before the application to employ a maid is approved, and this includes the fact that she has to pay a security deposit which will be forfeited in the event the maid is not sent back or repatriated on the expiry of the work permit. These are conditions which are put up beforehand. They know what are the conditions and therefore they should abide by the conditions. We have given them other advice, such as how they should manage their maid and how to build a proper relationship with the maid. These are some of the services which we give. When the maid goes missing, they should look at the reasons why the maid has left their house and also look at ways to get back the maid and send her back.

Mr Kenneth Chen Koon Lap: May I ask the Minister of State: can he really believe that all maids who run away are being mistreated? Are there no other reasons for the maids to run away? If the employer treats the maid well, is he saying that all the maids will not run away?

Encik Othman bin Haron Eusofe: Sir, the number of maids in Singapore is about 140,000. The number of maids who have run away or absconded is very few. It is only a small minority and there are various reasons. Based on our experience, one of the reasons is that the maid is unhappy with the way that the employer has treated her. This is one of the major reasons. If you look at the size of the problem, a small number of maids have run away, compared with the total population of foreign domestic workers in Singapore.

Assoc. Prof. Toh See Kiat: Does the Minister of State not know of cases where maids have absconded because they themselves are running away from the law or they want to leave Singapore to get to another place, perhaps for better pay?

Encik Othman bin Haron Eusofe: As I have said, our experience has shown that most of the maids have run away because of the bad experience at their workplace. I think the Member is just raising a hypothetical question. There may be other reasons. But the key reason is that they are not happy with the employer for one reason or another.