Hired Help: Your Rights and Hers

An information session for anyone employing Foreign Domestic Workers in Singapore

April 22rd, 8pm Hollandse Club

‘Part of the Family?’

We treat our domestic worker as

‘part of the family’.

There are no regulations on how to treat family members.

Foreign Domestic Workers (FDWs) are not covered by the Singaporean Employment Act but by the Employment of Foreign Manpower Act

FDWs as employees

As a formal employee, an FDW should benefit from:

Regulated working hours, rest time & days off

The right to quit or change employers

Protection from exploitative conditions

Clear expectations of work load and scope

Training

Privacy and freedom outside of working hours

FDWs as employees (2)

Singapore law and the Ministry of Manpower (MOM) offers some protection to FDWs:

General Singaporean laws apply for criminal offences against FDWs (in some cases enhanced penalties for abuses committed against FDWs apply)

Details about FDW’s rights are contained in ‘Work Permit Conditions’ issued by the Ministry of Manpower (MOM).

Work Permit Conditions

The employer must:

Provide upkeep & maintenance of FDW (including adequate food & medical costs)

Provide safe working conditions

Provide acceptable accommodation

Bear the cost of repatriation

Pay salary, allowances & levy on time

Purchase medical insurance

Provide adequate rest

Provide a weekly day off, or payment in lieu by ‘mutual agreement’

Work Permit Conditions (2)

The employer must:

Not retain original work permit and visit pass.

Not cause or knowingly permit the foreign employee to be engaged in any illegal, immoral or undesirable conduct or activity.

Not ill-treat the foreign employee (including abuse, neglect, causing of injury or abandonment).

Inform the authorities about a missing FDW within 7 days.

Work Permit Conditions (3)

A foreign domestic worker must:

Work only for the employer specified on the work permit

Perform only household and domestic duties

Reside at the residential address stated on the work permit

Undergo regular medical examinations

Not get married to a Singaporean citizen or PR without approval from MOM.

Not become pregnant

Not be involved in any illegal, immoral or undesirable activities, including breaking up families in Singapore

What can you do?

Discuss Work Permit conditions with your FDW and make sure she understands them.

Explain consequences for her and you if they are breeched.

It is good to have an employment contract signed by you and the FDW, and make sure you both have signed copies.

Be clear about your expectations.

Build mutual trust.

A day off is a day off. Would you like your employer to give you a curfew?

Security Bond Myths

‘I heard I should make sure my helper is back from her day off before it gets dark or I could lose my $5000 bond - is that really true?’

‘If I let my helper go out with her boyfriend she might get pregnant and I’ll lose my bond.’

Security Bond Facts

MOM loosened rules on forfeiture of the

security bond in 2010

Up to date information can be found on their

website: http://beta.mom.gov.sg/passes-and-

permits/work-permit-for-foreign-domestic-

worker/eligibility-and-requirements/security-

bond

Source: www.mom.gov.sg

‘The agency told me to keep my domestic worker’s passport. It’s for her own good’

‘She’s never had money before, so it is best if I manage her finances’

Source: ‘Mutual Respect’ TWC2

Keeping an FDW’s

documents

Under WPCs and the Passport Act employers are notallowed to keep an FDW’s passport or work permit unless she asks them to.

A recent study by HOME of 700 FDWs showed almost 70% of employers do this anyway.

The earnings of an FDW are hers by law.

If you keep her bankbook, or withhold her salary for safekeeping, you risk being accused of retaining her money illegally in a salary dispute.

Ending Work

When a FDW worker finishes her contract, or when the employer decides to terminate it, there are two options:

• Repatriation – The employer is required by MOM to pay for

this.

• Transfer – Employer needs to sign transfer papers.

Too good to be true?

Agencies

Singapore law allows recruitment agencies to charge a fee of up to 2 months of salary for a two year contract.

When many FDWs first start working in Singapore they have to pay up to 8 months of salary to their agency.

Agencies claim this is not a fee, but a loan that the FDW received from the agency in their home country.

Some agencies substitute the contract that a FDW had been shown in her country of origin (especially when they come from the Philippines).

Salary, work conditions, type of work, day off, amount of debt can be changed.

After arrival in Singapore, a FDW feels pressured to accept the new contract.

HOME advocates that the

employer, not the foreign

worker, should bear the cost

of recruitment fees.

HOME is involved in

research and advocacy

projects to stop and prevent

situations like contract

substitution.

Source: ‘Mutual Respect’ TWC2

When things don’t

work outIf there have been any work permit condition or criminal violations, MOM has the option to ban an FDW from working in Singapore again, or an employer from hiring again (‘blacklisting’).

If an employer has had more than 4 FDWs in one year, they have to attend an orientation course and interview with MOM after which they can ultimately be banned from hiring for a defined period.

Suspected ill-treatment

of an FDWIt is nearly always better to help the FDW to seek advice than to take action yourself.

Sometimes, just getting care and support from someone sympathetic can be enough.

Assess whether the FDW herself is unhappy with the situation.

Think about:

Cultural differences

Interfering vs helping

Not giving an FDW ‘false hope’

Assess the situation

Has the FDW’s employer committed any offences?

• Criminal offences (like physical or sexual abuse) can

be reported to the police.

• Violations of Work Permit conditions can be reported to

MOM.

• Gather evidence where possible.

Potential consequences of reporting offences

The FDW losing her job.

Long wait time in Singapore during investigations.

How can HOME help?

HOME can provide an FDW with:

Advice and support on filing a complaint with MOM or the police.

Legal assistance.

Shelter.

HOME creates a community for foreign workers:

Sunday classes (HOME Academy)

Online support groups (HOME Gabriela & Kartini)

Helplines:

1800-7-977-977 (24 hour toll free)(65) 6341 5525 (for domestic workers)(65) 6341 5535 (other migrant workers)

HOME Sunday drop-in helpdesk (10 to 6 pm)

Lucky Plaza #06-22 Tel: (65) 6333 8356

Other sources of

informationMOM Website www.mom.gov.sg

British Chamber of Commerce ‘Expats’ Guide to Domestic Workers in Singapore’

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