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Oral Answer by Mr Tan Chuan-Jin, Minister of State for National Development and Manpower, to Parliamentary Question on assisting and protecting the rights and interests of freelancers

Notice Paper No. 47 of 2012 for the Sitting on or after 14 February 2012
Question No. 259 for Oral Answer
Notice Paper No. 52 of 2012 for the Sitting on 14 February 2012
Question No. 266 for Oral Answer

MP: Patrick Tay Teck Guan

Questions:

To ask the Deputy Prime Minister and Minister for Manpower what is being done to assist and fund professional freelancers such as those in the creative industry, trainers and tourist guides to undergo training, upgrading and development to take them through times of economic uncertainties; and

To ask the Deputy Prime Minister and Minister for Manpower (a) whether there is any regulatory framework for freelancers (who are independent contractors) to pursue late payment of their fees; and (b) whether the Ministry will consider having legislation and dispute resolution mechanisms to protect the rights and interests of freelancers.

Answer:

  1. Providing Singaporeans with good employment opportunities is a responsibility we take very seriously. Helping Singaporeans remain employable is also part of this responsibility. So in this respect, our Continuing Education and Training framework has been set up to help Singaporeans improve themselves and to help them remain employable. Our CET system has been enhanced in recent years to better support both company-sponsored and self-initiated training. This includes employees and freelancers in emerging industries such as creative services and adult training.
  2. Currently, course fees subsidies from WDA range from 70-90% for locals. In addition, Singaporeans who attain full qualifications, such as a Workforce Skills Qualification (WSQ) Certificate or Diploma, are eligible for the CET Qualification Award (CQA) of up to $1,000. WDA has also put in place more than 30 WSQ frameworks in various industries including the Creative Industry, Tourism and Training and Adult Education sectors. More details on these WSQ frameworks can be found on WDA’s website and we welcome individuals to take up courses at the CET Centres.
  3. There are also sector specific programmes in place for training and development. For example for the Creative Industry, the National Arts Council (NAC) has a variety of programmes that cater to arts professionals at different levels, including freelancers. These programmes include grants for professional development, scholarships for arts professionals, and development of training providers to meet the manpower needs of the industry. WDA and NAC will also be introducing a WSQ Diploma in Arts Management in 2012 to build capabilities in managing businesses in the arts industry.
  4. We will continue to invest more in our CET system, and build more industry-relevant and individual-centric training pathways. In this way, individuals can take better ownership of their own skills upgrading.
  5. Mr Tay also asked about mechanisms to protect the interests of freelancers, especially with regard to fees owed to them. Freelancers can seek redress for late payment of service fees or other contractual disputes through the Small Claims Tribunal or the Subordinate Courts depending on the claim amount and the nature of dispute.
  6. In addition to the existing official channels, there are complementary efforts to help freelancers. For example, MDA has been working with the industry group, the Association of Independent Producers (Singapore) or AIPRO, to establish a code of industry best practices to guide relations between companies and freelancers. The key areas included in the code are: terms of payment, contractual terms, insurance coverage and dispute mediation. The introduction of the code is targeted for end 2012 and this should prove to be helpful.
  7. In instances where employers attempt to disguise their employees as ‘freelancers’, let me emphasise that they would not be absolved of their responsibilities under the law including the Employment Act and the CPF Act. Also, their employees would have recourse to the Labour Court. When such cases come to the attention of MOM, we will not hesitate to investigate and take the companies to task if they are guilty of breaching employment and other relevant laws.
  8. Therefore MOM urges individuals who are unsure of their employment status to come forward to MOM for advice and assistance.