29 APRIL 2008

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 MOMs 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. MOMs

involvement in the International Migrants Day in 2005.1 (Please see Annex for list of

initiatives.)

1 MOM helped to set up booths during the event.

4 As a result of our collective education and enforcement efforts, overall 90% of

FDWs are happy working in Singapore2, 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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2 According to a Feedback Unit survey in April 2006.3 According to SPH's poll in December 2003.

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 FDWs

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 MOMs 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 Singapores 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 MOMs 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 MOMs 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 FDWs life.

(g) Conciliation

16 MOM assists employers and employees in resolving employment disputes

amicably through conciliation. A Well-Being Department under MOMs 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 fore