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MOM to NGOs: It's critical to be objective

Employment practices
  • TODAY (02 August 2011) :MOM to NGOs: It's critical to be objective 
  • TODAY (29 July 2011) : Punish criminal acts but deter errant bosses, too
      • MOM to NGOs: It's critical to be objective
      - TODAY, 02 August 2011

      Ms Stephanie Chok's letter, "Punish criminal acts but deter errant bosses, too" (TODAY, 29 July 2011), contains several inaccuracies which the Ministry of Manpower (MOM) wishes to correct.

      2.   MOM strives to protect the rights of workers that have been infringed by errant bosses. We do not hesitate to take action against delinquent employers who do not pay their workers on time or who flout employment laws. This year the Ministry successfully prosecuted 15 employers and individuals for salary arrears and for failing to provide their foreign workers with proper accommodation. In 2010, 33 employers and individuals were successfully prosecuted by MOM.

      3.   At the same time, it is also critical to remain objective and ensure that employees' claims are valid to begin with. This is why MOM investigates every claim and speaks to both the employer and the workers concerned, to gather the facts. Employers also deserve a fair hearing when faced with workers who sometimes are not quite the victims they make themselves out to be. Ms Chok’s example about Mr Yang Wei - the PRC worker who was jailed for 5 weeks - is a case in point.

      4.   Contrary to the picture painted by Ms Chok, Mr Yang was not a victim. There was no delay to MOM giving attention to his claims. In fact, a conciliation session between him and his employer was held about a week after he first made his claims. During the session on 29 June 2011, we reviewed documentary evidence of salary calculations and records of the company with both parties present, and established that Mr Yang was not owed any salary. In fact, his employer had overpaid him by $577. We noted that there was an outstanding medical leave pay and medical reimbursement of $784, which the employer explained had not previously been brought to their attention. Mr Yang had sought medical treatment and had paid for the medical fees himself, without informing his employer before the conciliation session. The company then offered Mr Yang $500, in addition to the overpayment of $577, to settle the outstanding medical leave pay and medical reimbursement claims. This offer was more than what Mr Yang was entitled to. At no point during this session was there any compromise, as claimed by Ms Chok. Such allegations are unfounded.

      5.   Because Mr Yang wanted more time to consider the offer and to consult with HOME, the conciliation session was adjourned to another day to be fixed. A few days later, on 4 July 2011, Mr Yang illegally trespassed at the Changi South worksite, climbed a crane, and refused to get down from the crane unless $5,000 was paid to him. The $5,000 was an amount unrelated to any of his salary or other claims. The $5,000 was not given to Mr Yang by his employer but by the worksite's main contractor who did not want to prolong the standoff or provoke an accident. The Court, in sentencing Mr Yang, noted that he had taken matters into his own hands, and that the stiff sentence would send out a strong message to other workers that they should not resort to similar tactics.

      6.   MOM appreciates Non-Governmental Organisations' (NGO) efforts in educating workers on their rights and assisting when they are distressed. However, NGOs and their volunteers are also responsible for providing objective and accurate advice to the workers who turn to them. NGOs who listen only to one side and simply assume that the employer is wrong in every instance, do themselves a disservice. It is regrettable that Ms Chok did not contact the Ministry to verify the claims by Mr Yang. We urge NGOs to assess each case objectively and comprehensively, rather than rushing to assign blame. With the active and balanced involvement of civil society, we will be able to work together to better protect our workers and ensure that justice is served.
      Punish criminal acts but deter errant bosses, too
      - TODAY, 29 July 2011

      I refer to the report "5 weeks in jail for criminal trespass" (July 22).

      It claimed that Yang Wei could have lodged a complaint with the Ministry of Manpower (MOM) for his unpaid wages but instead "took matters into his own hands" by climbing up a crane at a worksite. In fact, he had previously gone to the MOM over unpaid salary, medical leave wages and medical expenses – a worker's entitlements under the law.

      However, he claimed to us at the Humanitarian Organisation for Migration Economics that, during the mediation, the employer allegedly refused to pay up and insisted on making a further deduction.

      These are not exceptional cases. As a volunteer with the migrant worker group, I have met, over the years, construction workers who have been denied salaries and other entitlements and who endure frustrating delays during the settlement process that cause further hardship.

      Such workers are frequently subjected to oppressive managerial control and unreasonable employer behaviour, including being bound to contracts with illegal terms and/or threats. Workers who face additional burdens such as critical family illnesses and marital strife, exacerbated by their inability to send money home, go through high levels of emotional stress.

      In Yang Wei's case, the law has taken its course and he has been sentenced. However, misleading representations further criminalise a worker whose act of desperation came after he was denied his salary payments.

      It is important to note that his employer later paid him S$5,000, a settlement amount that is now with the authorities, and which will be returned to him after his release.

      A more balanced approach in deterrence should include harsher measures meted out to recalcitrant employers who remain non-compliant despite official intervention.

      Workers lodge complaints at the MOM with much hope that it will assist in resolving their disputes. Greater pressure should be placed on employers who refuse to pay workers as opposed to unpaid workers feeling they need to compromise by accepting whatever they are given, despite the shortfall.