Research Internship with Transient Workers Count Too (TWC2)

Report Title:

Between Helping Hand & Reality: Problems, Experiences and Inflexibilities of Ministry of Manpowers Temporary Job Scheme

Researcher: Advisor:

Cheng YiEn Dr Heng Hiang Khng, Russell (TWC2)

Table of Contents
Executive Summary 1 2 3 4 4.1 4.2 5 5.1 Introduction Terminology Research Objectives Methodology Research Methods Sampling Issues Findings & Analysis On Temporary Job Scheme and Special Pass 5.1.1 5.1.2 5.1.3 5.2 5.3 Eligibility of Users Mechanism Types of Jobs Offered

Temporary Job Schemes Relevance as Helping Hand Problems of Temporary Job Scheme 5.3.1 5.3.2 Constraints of Source Countries Unattended Welfare Low Wages Empty Promises on Wage Jobs Non-Suitability Alternative Choices Inaccessibility to Information Stereotyping Foreign Workers Over-Reliance on Philanthropy

5.4

Experiences of Foreign Workers 5.4.1 5.4.2 5.4.3 5.4.4

5.5

Experiences of Employers 5.5.1 5.5.2 5.5.3

6 7

Conclusion Recommendations Appendices Profile of Respondents Parliamentary Reports

EXECUTIVE SUMMARY Since 1997, the Temporary Job Scheme (TJS) has been put in place by Ministry of Manpower (MOM) to extend a helping hand to foreign workers holding the Special Pass by providing jobmatching service. However, little or no information has been released by MOM. The suppression of information can hinder efficient usage, constructive feedback and timely attention to foreign workers welfare. Gaps exist between the implementation of TJS and the real experiences of its users. This reflects the focus on management and control of foreign workers instead of commitment to providing solution-focused attention on their welfare. Problems and Constraints. The need for alignment of source countries and sector controls in TJS with mainstream Work Pass framework places foreign workers using TJS in an incongruous position. While most of them using TJS (despite no clear numbers provided by MOM) seem to be Non-Traditional Source workers, they are restricted to job opportunities in the Construction and Manufacturing sectors. A range of jobs from the Service sector is also not included in TJS, which further confines job opportunities. Furthermore, a blind eye is turned to provision of basic welfare for foreign workers during the job-matching period - they have to wait approximately 2 weeks without monetary and housing help. Experiences of Foreign Workers. Jobs offered under TJS are often perceived as unattractive and unsuitable. They also think jobs matched to them are low in wages as compared to mainstream labour market rate. Hence foreign workers lose interest in the already limited job offers. There is also a lack of standardized procedures within TJS, thus allowing the onus of conveying information to fall on employers. Some of them exploit workers by making empty promises on wages. The TJS system fails to recognize that low wages and unattractive jobs can lead to foreign workers taking up illegal jobs, especially when they are in dire need for money. Experiences of Employers. There is serious lack of information for employers, causing their ignorance of TJS. They also conceive Special Pass holders as problematic and dangerous. These lead to employers reluctance in employing foreign workers from TJS. For willing employers, they consider offering low(er) wages as incentives to hire and justify that through philanthropic grounds. Inflexibilities and Infeasibility. Despite gradual changes undertaken, TJS is still lacking in providing immediate help to foreign workers. The reluctance in information sharing by MOM and making provisions for a more flexible system leads to unproductive implementation of TJS. Foreign workers do not just need jobs; but jobs which are feasible, decently attractive and nonexploitative. This calls for a serious reconsideration on the ways TJS is being put to practice. Recommendations. The focus is on setting appropriate standards and adjustments within implementation of TJS to provide timely attention on foreign workers welfare and needs. A series of suggestions are made on wage security, job opportunities and information access. (Refer to Section 7: RECOMMENDATIONS)

Introduction

Responding to the media and in Parliament1 on issues of migrant workers welfare between March and May 2008, Acting Minister for Manpower Mr Gan Kim Yong, assured that victims who unknowingly stayed or worked illegally in Singapore and foreign workers required as prosecution witnesses will be issued Special Passes and allowed to participate in Ministry of Manpowers Temporary Job Scheme. He emphasized that if the Special Pass holders choose to work illegally instead of approaching Ministry of Manpower for help; they will be charged under the Employment of Foreign Manpower Act and may be liable to a fine of up to $5,000 or 12 months jail, or both, if convicted. The Temporary Job Scheme, according to Ministry of Manpower, was introduced in 1992 as a means to help foreign prosecution witnesses find work and sustain themselves during investigations. Over time, the Scheme has been adjusted several times to provide help in finding jobs for foreign workers, which includes allowing domestic workers to participate in it. However since its inception, there is no detailed information provided by Ministry of Manpower. Limited information made available to the public on the Scheme is scattered across responses to media and Parliament Sessions. Such information also barely reveals the mechanism of Temporary Job Scheme, how it has helped foreign workers in terms of welfare and well-being, and the terms of employment under the Scheme. Details on the Temporary Job Scheme are crucial to its users. The lack of public access to information on the Scheme can hinder efficient usage, constructive feedback and timely attention to foreign workers welfare. Instead of extending the Scheme as a helping hand to these workers, their welfare may be left unattended and unnoticed. This report reveals some of the inadequacies of Temporary Job Scheme in meeting problems faced in reality, by both foreign workers and employers. It argues that implementation of Temporary Job Scheme needs to ensure foreign workers have timely access to sufficient job opportunities, decent wages and housing without being exploited, in any manner.

Terminology

Under Ministry of Manpowers classification, foreign workers are referred to unskilled or semiskilled overseas workers in Singapore. While foreign workers include domestic workers hired in families to help out, the term in this report refers to male and female foreign workers not working as domestic workers. Since this research draws its entire sample from male foreign workers, the following discussions are more relevant to male foreign workers. 3 Research Objectives

The research seeks to clarify some of the ambiguities and reconcile the lived experiences of foreign workers and employers in accessing and using the Temporary Job Scheme, thus revealing gaps between the Scheme and reality. The objectives of this research are: (i) Identify and discuss the relevance of Temporary Job Scheme and Special Pass in protection of foreign workers welfare; and also attempt to clarify some of the ambiguities inherent to them. (ii) Examine the experiences and perceptions of foreign workers and employers in relation to the Temporary Jobs Scheme; focusing on obstacles, feasibility and practicality of it. (iii) Suggestions for appropriate standards and practices to improve Temporary Job Scheme in meeting needs and welfare of foreign workers.

4 4.1

Methodology Research Methods

The study was carried out in 4 aspects between May and June 2008, broadly (i) gathering background information, (ii) on-site observations of the Temporary Job Scheme, (iii) survey interviews with foreign non-domestic workers and employers, and (iv) requiring assistance from Ministry of Manpowers officers through emails and helpline. Well-documented cases of obstacles and problems faced by foreign non-domestic workers and employers in using the Temporary Job Scheme were shared through meetings and email conversations with individuals who have prior knowledge on the Temporary Job Scheme A total of 4 visits were made to the regular Temporary Job Scheme Job-Placement Exercises held at Ministry of Manpower, Kim Seng Road BLK E, between 28 May and 5 June 2008. All visits were made between 10am to 3pm, according to the schedule set up by Ministry of Manpower. Interested foreign workers and employers have to adhere to the schedule2 of Temporary Job Scheme. Notes were taken on issues which emerge through observing how the Scheme works and the availability of information on the Scheme from physical surroundings, in particular notices and feedback forms. Semi-structured survey interviews were carried out with foreign workers and employers. Questions raised in the survey interviews were based on on-site observations and issues which emerged from information gathering. A total of 14 male foreign workers registered under Temporary Job Scheme were involved in this study. 5 Singaporean employers were approached; 3 during on-site visits and 2 through personal networks. The survey interviews were all conducted in groups during the 4 on-site visits. Detailed notes were taken during and after the survey interviews. (Profile of respondents attached as Appendix A) In an attempt to reconcile the disparities which emerged from experiences of foreign workers and employers, a list of questions were compiled and sent to Ministry of Manpower for their assistance. (Attached as Annex) Some information was also collected from calls to the Ministrys customer service helpline.

Secondary research was conducted through searching archives of news articles and parliamentary reports. The focus was on obtaining information on Temporary Job Scheme; however, limited data was recovered. The earliest mentioning of Temporary Job Scheme in news articles was in July 2007.3 4.2 Sampling Issues

A few sampling issues emerged in this study. All respondents, with exception for 2 Singaporean employers, were approached during on-site visits. Hence, survey interviews were conducted briefly. Furthermore, language barriers exist when engaging non-Chinese foreign workers. However, workers and employers approached were able to provide constructive insights with regard to their usage of Temporary Job Scheme. There were also some foreign workers present but not registered under the Scheme. These workers offered further information on the nonfeasibilities of the Scheme. There are limited respondents involved in this study; hence it is not comprehensive. Furthermore, the diversity of experiences faced by foreign workers is best represented on a case-by-case basis. What the data collected from this study can offer is to show how a small sample of respondents can unveil the inadequacies of Temporary Job Scheme in attending to migrant workers needs and welfare.

5 5.1

Findings & Analysis On Temporary Job Scheme and Special Pass

The Temporary Job Scheme (TJS) provides foreign workers who are holding the Special Pass a channel to find employment. A Special Pass is issued to a foreign worker who is not eligible for any other Work Passes, and is approved by Ministry of Manpower (MOM) or Immigration and Checkpoint Authority (ICA) to legalize his or her presence in Singapore.4 However, foreign workers holding onto the Special Pass are not allowed to work in Singapore. Hence a Special Pass holder who wants to work can do so either through (i) seeking an interested employer on his or her own, and apply for Work Permit through TJS under that employer, or (ii) register under TJS and wait for an interested employer to be matched to the foreign worker, and apply for Work Permit. The Work Permit issued under TJS is usually valid for a renewable 6-month period. 5.1.1 Eligibility of Users

The TJS can only be used by Special Pass holders; foreign workers holding any Work Passes would only be eligible for the job stated on the Work Pass. All eligible users of TJS must be able to produce the Special Pass as documentation of their legal presence in Singapore. For foreign non-domestic workers, 2 main groups of Special Pass holders eligible for TJS are (i) those found to be victims of rogue agents, and (ii) those required to stay in Singapore as prosecution witnesses. All employers who have not breached any legislation can employ foreign workers through TJS, in the listed job types under Temporary Job Scheme. 5.1.2 Mechanism

TJS functions as a central system where Special Pass holders and employers come together to make legal arrangements for employment of foreign worker. Interested users would have to register under TJS for MOM to confirm their eligibility. Once a match has been found by MOM, the employer will be informed and is responsible for making arrangements with the foreign worker(s) to apply for Work Permit. This is also a time when the employer states the wage he is offering when clearing the documents with the Investigation Officer. At this point, both the employer and foreign worker can annul the job match if they found unsuitability in wage offered, type of job and employers impression of foreign worker. However, an employer can still choose to terminate a foreign workers Work Permit anytime he is not needed.

5.1.3

Types of Jobs Offered

7 main types of jobs are offered under the TJS Manufacturing, Marine, Agritechnology, Incinerator Plant, Landscaping, Construction, and Service Dormitory. However, not any foreign workers can work in any sector as specific requirements for different sectors exist for foreign workers when applying for Work Permit; and these requirements apply in the TJS. (Refer to Section 5.3.1) 5.2 Temporary Job Schemes Relevance as Helping Hand

Foreign workers who are holding the Special Pass can stay legally in Singapore. The Temporary Job Scheme offers them a channel to seek employment opportunities. This is especially important for victims and prosecution witnesses. They need to work to sustain their daily lives and save money to return back to their countries. Based on the system, foreign workers would be safe from unscrupulous agents or employers since all job matches are carefully screened through MOM to ensure legitimacy. A brief comparison with other rapidly industrializing countries in the region, such as Hong Kong and Taiwan, pointed out that only Singapore has a government system which provides a central channel to help foreign workers in need seek jobs. The TJS is part of MOMs plans to extend a helping hand to attend to migrants welfare, apart from stepping up collaboration with overseas stakeholders to curb rogue agents from doping foreign workers. Despite its presence, constraints and inadequacies of TJS has not been addressed and opened for wider interpretation by the public. There are problems experienced by both foreign workers and employers in terms of accessibility and feasibility. In the following sections (5.3, 5.4 & 5.5), the report raises some of these pertinent issues.

5.3 5.3.1

Problems of Temporary Job Scheme Constraints of Source Countries

Ministry of Manpower requires that foreign workers from different source countries are only allowed to work in respective approved sectors.5 Foreign workers from Non-Traditional Sources (NTS) are not allowed to work in the Manufacturing and Services sector. Under TJS, all foreign workers are not allowed to work in Services sector, with exception of Service Dormitory in which work includes cleaning and cooking. While it is not explicitly stated, this most probably refers to jobs available in dormitories of foreign workers. 2 problematic issues arise: (i) An unequal opportunity for NTS workers to seek jobs through the TJS, despite that they constitute a large group of the Special Pass holders present at the Job-Placement Exercises (as observed during site visits; where no figures were provided by MOM). (ii) A range of jobs under Services sector are excluded to all foreign workers under TJS, despite the limited job offerings.
Sector

Job Types under Sector Manufacturing of basic industrial acids and alkalis; Mechanical engineering works; Manufacturing and repair of oil/gas field machinery; Manufacturing of waxes, polishes and deodorants; Electroplating, hot-tip galvanising, die-casting and heat treatment; Wafer fabrication plants; or Food manufacturing. Financial, insurance, real estate and business services; Transport, storage and communications services; Commerce (retail and wholesale trade); Community, social and personal services (excluding domestic workers); Hotels; Restaurants, coffee shops, food courts and other approved food establishments*; Dispatch and delivery services; or Hairdressing and beauty shops.

Manufacturing

Services

* Food-stall licensees are not allowed to employ Work Permit holders. Unlike restaurants operators, food-stall licensees normally operate small stalls in hawker centres, coffee shops or food courts. These are small establishments and can be operated by the licensees alone or with family assistance.

(Information extracted from MOMs website: http://www.mom.gov.sg/publish/momportal/en/communities/work_pass/work_permit/application/requirements.html )

5.3.2

Unattended Welfare

There is negligence for the welfare of foreign workers during the job-matching period. A foreign worker under TJS has to wait between 1 and 2 weeks before a suitable job is matched to him. During this period, foreign workers holding the Special Pass are not allowed to work. Furthermore, there are no employers to provide housing for them. Without money, food and shelter, these foreign workers do not even receive the most basic needs, much less decent welfare. 5.4 5.4.1 Experiences of Foreign Workers Low Wages

The wages of the jobs available under TJS are considered low by foreign workers. Most of the jobs they have been matched to range from SGD15 to SGD20 a day; majority falling between SGD15 to SGD18 a day. They are willing to accept jobs offering SGD20 or above, but the reality is that such offers are rare under TJS. While foreign workers would usually wait for jobs that they prefer, they do take up jobs that offer decent and reasonable wage rate. However, one complaint is that wages offered by employers are perceived to be lower than labour market standards. Hence, they refuse to take on most of the jobs. 5.4.2 Empty Promises on Wage Fieldwork Case: A foreign worker was paid about SGD100 lesser than what he was told for the temporary job. He did not know about any documentation stating the salary he is entitled. The employer only verbally informed him of the salary he would be getting, and proceeded to apply a Work Permit for him under mutual consent.

According to the above case, the contract is documented in the absence of the foreign worker. The employer had promised a higher salary than stated in the contract. When the job is completed, the worker is paid accordingly to the contract, but of lower salary than verbally

10

promised. This lack of prescribed engagement between the foreign worker and his employer with the Investigation Officer shifted the responsibility of conveying important information to the discretion of the employers. 5.4.3 Jobs Non-Suitability Foreign workers find the jobs offered under TJS unsuitable for them. Those matched to them are often not their preferred jobs. When wages are low and they do not find interest in the jobs, they are most likely to give up on the match. One such job highlighted by Indian and Bangladeshi workers is grass-cutting; which they think is a tiring, unappealing and non-realistic job offer. Foreign workers seek a balance between wage and appeal of a particular job. This is a reasonable requirement for any workers seeking employment opportunities in the labour market, including foreign workers. 5.4.4 Alternative Choices

While most foreign workers are frustrated over their plight, some of them enjoy the absence of surveillance and control from employers. However, this does not preclude them from struggling with lack of money, food and shelter. These inconsistencies are complicated by the reality that foreign workers face alternative choices to finding jobs through TJS. Fieldwork Case: A foreign worker has been under investigation for 8 months; and he was unable to find a suitable job under TJS. He borrowed money from friends to sustain his livelihood. When pressure sets in to return those borrowed money, he turned to work illegally as an agent for local employers to link up with interested workers from his country. He argues that illegal jobs are readily available and pay much higher than legal jobs. Since he could not find a secure job through TJS nor by himself, he has resorted to such jobs. He needs the money to go home and also continue his remittances, if not face shame.

Foreign workers decision to engage in illegal activities is often compounded by the fact that they face immense pressure in earning money to meet their daily expenses and save for passage

11

home. They find it crucial to continue remittances and return home successful to avoid sense of failure and shame. 5.5 5.5.1 Experiences of Employers Inaccessibility to Information

Employers lack information on the TJS and they are unsure of how it works, yet they could not be bothered to find out as it is considered a hassle. This is especially when they can rely on traditional ways to recruit foreign workers through agents and/or agencies. They commented that it is assumed employers accessing the online Work Permit application know what TJS is when no information is provided. Employers stressed that if they do not know more details about TJS, 2 problems arise: (i) They do not know of any incentives that they might construe as appealing to hire foreign workers under TJS. (ii) They do not have a comprehensive knowledge on the situation of foreign workers under TJS. This inhibits their willingness to find out more about the Scheme and employ its foreign workers. While MOM confirmed that employers under TJS do not have to furnish a security bond for the initial period of Work Permit which is renewable every 6 months, there are a variety of controls to regulate employers demand for foreign workers through TJS. MOM did not clarify what are the specific controls, but this point towards the reluctance to permit infinite employment of foreign workers through TJS. One possible concern is MOMs fear that employers abuse this and hire many foreign workers to evade furnishing security bonds. However, more information is needed on the controls imposed on employers for a stronger analysis. 5.5.2 Stereotyping Foreign Workers

Employers, both users and non-users of TJS, perceive Special Pass holders as problematic and dangerous. Employers were more careful and selective when employing foreign workers through TJS. They also recognize that they have the power to choose workers which they think

12

appeared to be docile and compliant. One common issue which the employers highlighted is that if foreign workers resent their wages offered are too low, they would not hesitate to reject them. 5.5.3 Over-Reliance on Philanthropy

Employers attribute their willingness to employ foreign workers through TJS as an act of compassion. However, they suggested the possibility of offering lower wages to foreign workers under TJS since it keeps labour cost down. Furthermore, they perceive this group of foreign workers as desperate for jobs. While this is in part the reality, there is disregard for alternative choices available for the workers. (Refer to Section 5.4.4) Construing TJS as a philanthropic system and relying on it encourages employers to push down wages offered to foreign workers and leads to infeasibility of jobs. (Refer to Section 5.4.1) 6 Conclusion

This research suggests that the power imbalance between an employer and foreign worker is replicated through the Temporary Job Scheme. Foreign workers are subjected to the selectivity of employers and judgements are often inflected by biases, misinformed stereotypes and lack of knowledge on the situations of Special Pass holders. This has adverse effects on the wages and employability of foreign workers. It is also evident that the state and employers are the ones who benefit most from the current implementation of Temporary Job Scheme in 4 ways: (i) states responsibility on management of foreign workers is borne by employers; (ii) the scheme is portrayed as a helping hand and mechanism to promote migrants welfare; (iii) employers have the power to choose and offer, while gaining from the economical labour that foreign workers provide. While the Ministry of Manpower maintains that the Temporary Scheme is continuously being reviewed to ensure their effectiveness and relevance, and that there have indeed been gradual changes, it is pertinent to recognize that there are still several gaps which have not been attended to. The gaps, as revealed in this report, reflect the inadequacy of Temporary Job Scheme to meet realistic problems faced by foreign workers (and employers) who are using it. It seems that the relevance of Temporary Job Scheme only goes as far as ensuring foreign workers are carefully managed under a system. If this is indeed the intention of Temporary Job Scheme, then the

13

tardiness in adjustments to the Scheme points towards a lack of commitment to protect the fundamental human rights and dignity of these foreign workers. concerns and feedbacks in this study. The Temporary Job Scheme has a significant role to play in helping eligible foreign workers sustain their livelihood in Singapore. Amidst the rising cost of living, job and wage security are deemed crucial by many people to meet their everyday living expenses. This is also a reality which faces foreign workers, especially those who are holding the Special Pass. Moreover, these foreign workers cannot be faulted for the predicament they have been caught in. In fact, they are victims who have been cheated and thus deserve better treatment than the mere provision of a scheme which, despite its implementation, barely solve their problems. These foreign workers do not just need jobs; but jobs which are feasible, decently attractive and non-exploitative. This calls for a serious reconsideration on the ways the Temporary Job Scheme is being implemented. 7 7.1 RECOMMENDATIONS On Wage Security There is a lack of appropriate standards to ensure security of wages and information received by foreign workers. The Investigation Officer has a greater responsibility to ensure integrity between a foreign worker and employer. The information on wages received by foreign workers should be consistent with what was being documented to prevent exploitation by the employer. 7.1.1 A standard contract can be drawn up under the Temporary Job Scheme in which a minimum wage is encouraged from the employer. The minimum wage is pegged to competitive wages offered by the same sector in the labour market. The Investigation Officer is responsible for clarifying and declaring the details through a standard procedure in the presence of both the employer and foreign worker. 7.2 On Job Opportunities
6

Furthermore, there is no

evidence of proper channels with which users of the Temporary Job Scheme can express their

14

Job opportunities offered to foreign workers are affected by a number of factors. They are restricted in terms of their source countries and the sectors that they are allowed to work in. (However, Ministry of Manpower asserted that source and sector controls for Temporary Job Scheme have to be aligned to the mainstream Work Pass framework.) When wages offered by employers appear to be exploitative, foreign workers do not take up the jobs. Foreign workers are willing to take up jobs which they do not prefer, but at least promise decent wages. 7.2.1 Include employers in Services Sector to offer jobs to foreign workers under the Temporary Job Scheme. 7.2.2 Include in the Job-Placement process a system in which foreign workers can indicate their job and wage preferences. They can decide between jobs which fit their categorical preference or jobs which offer them higher wages. 7.2.3 State-sponsored incentives for employers serve as a balancing tool to encourage employment of foreign workers under Temporary Job Scheme without the need for them to push wages below decent levels. MOM can consider state-sponsored incentives that employers may find using the Temporary Job Scheme attractive, thus encourage more jobs to be offered through the Scheme. 7.3 On Information Access While Ministry of Manpower confirmed that they actively reach out to suitable employers to inform and invite them to participate in the Temporary Job Scheme, no answers were provided as to how they have done so. One way to increase accessibility is through internet. 7.3.1 Information on the Temporary Job Scheme and relevant details such as the terms and conditions can be included in Ministry of Manpower website. The online Work Permit application system will include a link redirected to the page on Temporary Job Scheme to provide employers with information.

15

(4015 words)

ENDNOTES 1 2 Parliament No. 11, Session No. 1, Volume No. 84, Sitting No. 13. 21 April 2008. MPs Speaking: Mr Gan Kim Yong; Ms Eunice Elizabeth Olsen. Schedule of regular Temporary Job Scheme (TJS) Job-Placement Exercises: Monday Manufacturing; Tuesday Marine Agritechnology, Incinerator Plant and Landscaping; Wednesday Construction; Thursday Service Dormitory The Straits Times, 22 July 2007, Illegals, but cannot leave the country yet Foreign workers who are issued the Special Pass include (i) those conned by rogue agents such as entering Singapore on Social Visit Passes and thus not able to work, (ii) those whose employers breach Foreign Manpower Management legislation and/or conditions, such as delays in salary payment, and required to stay in Singapore as prosecution witnesses, and (iii) any other foreign workers required by MOM or ICA to stay on for investigations. Sectors are classified as Manufacturing, Construction, Marine and Services. Foreign workers are classified into NAS (North Asian Sources: Hong Kong, Macau, South Korea and Taiwan), NTS (Non-Traditional Sources: India, Sri Lanka, Thailand, Bangladesh, Myanmar, Philippines and Pakistan), PRC (Peoples Republic of China) and Malaysians. While NAS, PRC and Malaysian foreign workers can work in all sectors, NTS workers are not allowed to work in Manufacturing and Services sector. The rationale behind such classification of foreign workers into different source countries and their eligibility for different sectors is considered as sensitive information to Ministry of Manpower, hence no details were provided. 6 In ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers, receiving states will, according to Declaration No. 5, Intensify efforts to protect the fundamental human rights, promote welfare and uphold human dignity of migrant workers. [Available: http://www.aseansec.org/19265.htm]

3 4

16

Appendix A Profile of Respondents Foreign Workers:

Source Country No. of Respondents Background of Respondents Both foreign workers are holding the Special Pass required staying in Singapore for investigations. They have been waiting for 6 months. Within this period, they have not found nay suitable jobs under TJS. All are Special Pass holders under to employers failure to pay their salary; hence they are required as prosecution witnesses. All have been in Singapore under investigations for past 8 months. While 3 were present to apply for Work Permit since they have found suitable jobs, remaining 2 were unwilling to apply for jobs through TJS. They preferred to seek jobs through their personal networks. All 5 workers were conned by agents and issued Special Passes. While 3 of them have been confirmed by the potential employer to be hired, the remaining 2 were still unaware of their rejected status by the employer (who shared with me his decision). Both foreign workers are under Special Pass required as prosecution witnesses. They were present to apply for TJS in order to seek job opportunities. They have been staying in Singapore for about 2 months before this.

Bangladesh

China

India

Sri Lanka

Employers (Singaporeans):
No. of Respondents 4 Gender Male Industry / Sector Construction / Landscaping

17

Male

Marine Construction

Parlimentary Reports

Parliament No: Session No: Volume No: Sitting No: Sitting Date: Section Name: Title:

11 1 84 13 2008-04-21 ORAL ANSWERS TO QUESTIONS FOREIGN WORKERS COMING TO SINGAPORE (Measures to prevent rogue agents from duping) MPs Speaking: Mr Gan Kim Yong;Ms Eunice Elizabeth Olsen

FOREIGN WORKERS COMING TO SINGAPORE (Measures to prevent rogue agents from duping) 13. Ms Eunice Elizabeth Olsen asked the Acting Minister for Manpower (a) what is being done to prevent rogue agents from duping foreign workers into coming to Singapore; (b) if they are being duped, whether the workers are considered to have committed any offence and therefore treated as criminals; (c) what can be done by way of refuge for these workers who are either sleeping on the streets or living in unhygienic conditions; and (d) what is being done to speed up the investigation of these foreign worker cases. Mr Gan Kim Yong: Sir, MOM will revoke the licences of employment agencies found to be involved in such scams. Their security deposit of up to $20,000 will also be forfeited. Agencies operating without a licence will be charged under the Employment Agencies Act and fined up to $5,000; repeat offenders can be fined up to $10,000, jailed up to six months, or both. MOM will also be sharing information on such scams with the Embassies of the countries involved, so that they can help warn their nationals against unscrupulous employment agencies in their home countries. If investigations reveal that victims of such scams unknowingly overstayed or worked illegally, they will not be prosecuted. Instead, they will be issued Special Passes and allowed to work under MOM's Temporary Jobs Scheme. Those who participate in the Scheme are provided housing by their employers and can save money for their passage home. In addition, some foreign nationals may be required as prosecution witnesses. They will also be issued with Special Passes to remain in Singapore, and allowed to participate in the Temporary Jobs Scheme.

18

Upon completion of investigations, they may be able to continue to work in Singapore under a regular Work Permit. However, some of these Special Pass holders chose instead to work illegally. If caught, they will be charged under the Employment of Foreign Manpower Act and may be liable to a fine of up to $5,000 or 12 months' jail, or both, if convicted. Law enforcement agencies make every effort to speed up investigations involving these workers, to allow them to return home as soon as possible. In MOM's case, it is able to complete 90% of the investigations within three months. However, while we want to expedite the process, it is important to ensure that each case is thoroughly investigated. Ms Eunice Elizabeth Olsen: Can I just ask what protection does the law provide for these workers, especially those cheated by rogue agents, and whether or not the Government is working with VWOs to provide refuge for these workers while they are waiting for their cases to be assessed? Mr Gan Kim Yong: Yes, indeed, MOM is working with all the relevant organisations, voluntary organisations as well as Government agencies, to extend a helping hand to these workers who are affected by the unscrupulous employment agents. Having said that, it is still important for me to remind all these workers that it is important for them to approach MOM for help rather than resort to illegal work because if they start working illegally on their own, they may be prosecuted under the Employment of Foreign Manpower Act.

Parliament No: Session No: Volume No: Sitting No: Sitting Date: Section Name: Title:

11 1 84 13 2008-04-21 ORAL ANSWERS TO QUESTIONS NOT REACHED FOREIGN WORKERS AND WORK PERMIT HOLDERS (Sources of help and support) MPs Speaking: Dr Fatimah Lateef;Mr Gan Kim Yong FOREIGN WORKERS AND WORK PERMIT HOLDERS (Sources of help and support) 29. Dr Fatimah Lateef asked the Acting Minister for Manpower (a) what are the different sources of help and support that are available for foreign workers and work permit holders pertaining to their welfare and the issues they face while living in Singapore; and (b) have the number of reported cases of abuse, mistreatment and improper accommodation been on the rise over the last three years. Mr Gan Kim Yong:

19

MOM adopts a two-pronged strategy, through education and enforcement, to protect the well-being of foreign workers in Singapore. On education, upon their arrival, the Ministry provides foreign workers with a handbook in their native languages on their employment rights and responsibilities. The handbook also provides MOMs helpline and other important telephone numbers, such as those of the Police, embassies, and voluntary welfare organisations, where they can seek help. MOM also conducts safety courses where foreign workers are taught the necessary safety measures and precautions relevant to their working environment. They are also reminded of their employment rights and responsibilities, as well as avenues of assistance during these courses. In addition, MOM conducts regular dormitory road-shows to reach out to them. For foreign domestic workers, in particular, the Ministry also publishes a bi-annual FDW newsletter, INFORM, which is sent to all FDWs to keep them updated on relevant information. Starting last year, the Ministry conducts random interviews with first time FDWs especially during their initial months of employment to determine if they have adjusted to the work environment in Singapore. FDWs who encounter employment-related issues can also seek assistance by calling MOMs toll-free hotline for FDWs. On enforcement, MOM, will investigate thoroughly, any report on breaches of the Employment of Foreign Manpower Act or any other Singapore employment laws. Employers who violate these laws can be fined up to $5,000, and/or jailed up to six months. The Ministry will also bar errant employers from employing foreign workers in future. For foreign domestic workers, the Penal Code was amended in 1998 to increase to one-and-a-half times the penalties for acts of abuse against FDWs by their employers or household members. Over the past three years, the number of foreign workers who reported to MOM with complaints on well-being issues such as improper housing and salary arrears has remained stable, at less than half a percent of the total foreign worker population. Our approach of enforcement and educational in safeguarding the well-being of foreign workers have worked well but we will continue to step up our efforts.

20

Annex Questions for Ministry of Manpower to Address

1. According to recent news articles (between March and May 2008) and Parliament report (Sitting date: 2008-04-21), it is said that Foreign Workers who are found out to be victims of scams and/or required to stay in Singapore as prosecution witnesses will be issued Special Passes and allowed to work under MOMs Temporary Job Scheme. Are Special Passes issued only for such a specific purpose or are they issued for other circumstances as well? Please provide clearer definitions of the terms Special Pass and Temporary Job Scheme; by listing the various circumstances which make a worker eligible for a Special Pass, and the terms of employment offered under the Temporary Job Scheme. 1. The Temporary Job Scheme has been in place to extend a helping hand to Foreign Workers who, under specific situations, have been unable to find jobs in Singapore. I am interested to find out when, and under what circumstance, was the Temporary Job Scheme put in place? 2. I cannot find details of the Temporary Job Scheme on MOMs website, and not all Foreign Workers and Employers may find it possible to learn more about the Scheme from Internet. What are some of the ways MOM has deployed to help Foreign Workers and Employers access this information? 3. According to the Schedule of regular Temporary Job Scheme (TJS) Job-Placement Exercises, the types of jobs available to Foreign Workers are as follow: (i) Manufacturing, (ii) Marine Agritechnology, Incinerator Plant, Landscaping, (iii) Construction, and (iv) Service Dormitory. What are some of main and common jobs offered under the Scheme? 4. In order to be eligible for employment, Foreign Workers have to meet the conditions of a regular Work Permit, including the specific conditions of Approved Source Countries. Some NTS Foreign Workers may find it difficult to find suitable jobs since they are not eligible for jobs under Manufacturing and Services sectors. Would it be possible, and why, for MOM to allow Foreign Workers regardless of their Source Countries to access all jobs under the Temporary Job Scheme? 5. To date, how many Foreign Workers have been able to find jobs under the Temporary Job Scheme? Has there been an increase in numbers? 6. Foreign Workers interested in jobs under the Scheme can go down to the TJS Placement Exercise. Is there a registered list of interested Employers which MOM can match to Foreign

21

Workers? In such a situation, how long does it take usually for a Foreign Worker to be matched with an interested Employer? 7. Is there a difference between a TJS Work Permit issued under the Temporary Job Scheme and a regular Work Permit? 8. It is stated by Mr Gan Kim Yong (Parliament No.11, Sitting No.13) that foreign workers under the Temporary Job Scheme would be provided housing by their employers. How long does it take for a new employer to process and ensure proper housing for workers? Meanwhile, are there any measures in place to ensure them proper housing? 9. If an Employer is interested in hiring a Special Pass holder for a temporary job which last for only 2-3 days, would the worker still be provided housing? 10. Are there schemes available to Foreign Workers to help them meet financial needs, while waiting for employment under Temporary Job Scheme? 11. Are there any other measures to ensure every Temporary Job Scheme session facilitates the successful employment of Foreign Workers? 12. Cases of Foreign Workers who are in need of temporary jobs are handled by multiple agencies. What are some of the steps MOM has in place to facilitate coordination amongst agencies, in terms of case referral to MOM and ensuring that the agencies are equipped with information on the Temporary Job Scheme? 13. Is MOM looking into any other adjustments to the current Temporary Job Scheme in the near future?

22