Comments by Ministry of Manpower Spokesperson In Response to Media Queries on the “Day Off Campaign” by UNIFEM, TWC2 & HOME
The Ministry of Manpower (MOM) is committed to ensuring that the interests and welfare of all foreign workers, including foreign domestic workers (FDWs), are safeguarded while working in Singapore. In this regard, the “Day Off Campaign” to raise awareness among employers on the importance of a rest day for their FDWs is in line with MOM's effort to ensure that FDWs are accorded adequate rest.
2. A standard employment contract for FDWs was introduced in 2006 by the accreditation bodies of employment agencies that place FDWs. The contract provides for rest days for FDWs, but with an option for the FDW to choose compensation in lieu of taking the day off. Such contracts provide more flexibility to meet the needs of both parties. MOM has, on its part, encouraged employers to grant FDWs rest days in accordance with the contract.
3. Over the years, MOM has taken many steps to enhance the protection and support for FDWs. These include: (1) work permit conditions that make employers responsible for well-being of their FDW, including providing adequate rest; (2) educational and promotional efforts such as through safety awareness courses and the INFORM newsletter; (3) random interview of first-time FDWs to check on their adjustment to work in Singapore; and (4) collaborative efforts with NGOs, e.g. MOM's involvement in the International Migrants' Day in 2005
1. (Please see Annex for list of initiatives.)
4. As a result of our collective education and enforcement efforts, overall 90% of FDWs are happy working in Singapore
2, and one in three FDWs choose to extend their two-year contract and continue to work under the same employer
3. The number of reports of abuse has remained very small, at around 0.04% of the total FDW population.
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Annex
Measures to Ensure the Well Being of Foreign Domestic Workers in Singapore
MOM adopts a multi-faceted approach in foreign manpower management and has put in place a set of legislative, administrative, and educational measures to protect the well-being of all foreign workers, including foreign domestic workers (FDWs).
2. The various measures and initiatives to protect the well-being of FDWs in Singapore are:
(a) Raising Entry Requirements
3. The minimum age of new FDWs was increased from 18 to 23 years with effect from 1 January 2005. FDWs must also have completed at least 8 years of formal education. Additionally, an entry test was introduced in April 2005 to validate an FDW's basic numerical and practical abilities. These measures are aimed at raising the overall quality and maturity of FDWs in Singapore, thus promoting more harmonious working relationships. They also ensure that FDWs are better able to understand their rights and protection provided under Singapore law.
(b) Education
4. Since April 2004, all first-time employers have to attend a compulsory employers' orientation programme (EOP). This course aims to educate employers on their obligations towards the FDW and encourages good employment practices to promote harmonious relationships and mutual respect between both parties. MOM has also sent guidebooks to all FDW employers in December 2006 to help them better understand their roles and responsibilities. In addition, with effect from October 2004, employers who change FDWs five or more times within a year are required to attend the EOP. Those who continue to change FDWs frequently have to be interviewed by MOM and are barred from further changes if no satisfactory reasons are given.
5. Since 1 April 2004, MOM has required all first-time FDWs to attend a compulsory safety-awareness course (SAC) conducted in their own language. The course covers topics such as the hazards of working in an urban high-rise environment and highlights the necessary safety precautions they should take.
6. In October 2006, MOM launched a six-monthly newsletter (Inform) for FDWs providing useful information on their rights and responsibilities and the importance of workplace safety especially in high-rise buildings. In November 2007, MOM also launched a bi-yearly e-newsletter for FDW employers. The newsletter updates employers on the relevant policies and regulations. It also profiles how other FDW employers have successfully managed a harmonious work relationship with their FDWs.
7. MOM also issues advisories to FDWs in their native languages to inform them of their rights and responsibilities, as well as important contact numbers such as those of the Embassies, voluntary welfare organisations, the Police and MOM's helplines.
(c) Random Interviews with First-Time FDWs in Singapore
8. FDWs working for the first time in Singapore are generally more likely to encounter adjustment difficulties during their first few months of employment. Since 1 November 2006, MOM has conducted random interviews with selected FDWs working for the first time in Singapore during their initial months of employment. These interviews allow MOM to determine if the new FDWs have adjusted to Singapore's work environment as well as reiterate to the FDWs the importance of safe working conditions and their rights and responsibilities.
(d) Allowing Option for Direct Transfer of Salary Payment
9. To ensure prompt salary payment, WP holders can request for their salaries to be paid into their bank accounts in Singapore. This is useful especially in cases of salary disputes.
(e) Regulating Employment Agencies (EA)
10. The EA legislative framework is set out in the EA Act, EA Agency Rules and EA Licence Conditions. Under the EA Act, errant EAs could be fined up to S$5,000 and/or imprisoned for up to 2 years. Contraventions of the EA Act, Rules or Licence Conditions could lead to revocation or non-renewal of licenses. For instance, anyone who is found guilty of withholding the passport or work permit of any foreign worker could be fined up to S$1,000 and in the case of subsequent convictions, up to S$2,000 and/or imprisonment for up to 6 months. EA license applicants are screened for previous court convictions. They are also required to post a security deposit of S$20,000, which will be forfeited upon licence revocation.
11. To raise the professionalism of local employment agencies, MOM made accreditation of FDW-placing EAs compulsory from June 2004. To be accredited, EAs must fulfill requirements such as proper orientation of FDWs, educating employers on obligations towards welfare of FDWs and facilitating written employment contracts between FDWs and their employers.
12. Since 1 February 2006, MOM has introduced a demerit point system (DPS) for EAs. It not only provides early warning for EAs that have breached minor infringements, but also helps consumers identify EAs that flout MOM's rules. Under the DPS, EAs that breach the EA Act, Rules or Licence Conditions will be issued with demerit points depending on the severity of the infringements. EAs that have accumulated 12 demerit points or more at any point in time would be placed on MOM's surveillance list, could lose their licenses if further offences are committed. Notwithstanding that, EAs that committed severe offences (e.g. illegal deployment of foreign workers, abuse of workers) would have their license revoked immediately.
(f) Legislation
13. All foreign workers who choose to work here are governed and protected under Singapore rules and regulations, without prejudice. FDWs are not covered under the Employment Act, but are instead protected under the Employment of Foreign Manpower Act (EFMA). Under the EFMA, MOM imposes Work Permit conditions that bind all employers to look after the well-being of their FDWs. These conditions include provisions on personal safety, proper housing, prompt salary payment and adequate food and rest, and require employers to pay for a medical checkup for the FDW every six months. Employers who breach them can be fined up to S$5,000 and/or face a jail term of up to 6 months.
14. Recognizing the vulnerability of FDWs, Singapore changed its Penal Code in 1998 to increase by one-and-a-half times the penalties for acts of abuse against FDW by their employers or household members.
15. Employers who do not take the necessary measures to ensure the safety of their FDWs can also be taken to task. In a case in February 2006, one employer was jailed for endangering her FDW's life.
(g) Conciliation
16. MOM assists employers and employees in resolving employment disputes amicably through conciliation. A Well-Being Department under MOM's Foreign Manpower Management Division and a dedicated FDW hotline have been set up to help distressed foreign workers.
(h) Partnerships
17. MOM works closely with the key partners to promote the social welfare of foreign workers. These include unions, NGOs, the media and foreign embassies.
(i) Administrative Measures
18. MOM requires employers of FDWs to take up a Personal Accident Insurance policy for a minimum assured sum of $10,000. This covers the medical and other costs should any accident befall the FDW. From 1 January 2008, employers of all FWs (including FDWs) are also required to purchase medical insurance for their workers4, with coverage of at least $5,000 for the FW's inpatient care and day-surgery during his/her stay in Singapore5.
Conclusion
19. As a testament to Singapore's pro-active and comprehensive approach in safeguarding the well-being of FDWs, many FDWs continue to seek employment or extend their employment period in Singapore. In a survey conducted by the Feedback Unit in April 2006, 90% of all FDWs said that they were happy with their employment in Singapore. 1 in 3 FDWs elect to extend their 2-year contracts and continue to work under the same employer in Singapore .