SINGAPORE - A recent strike involving Chinese workers in Singapore highlights the
often unreported plight of migrant labor, including a growing number of people
from mainland China, in this wealthy city state.
Although foreign workers make up
more than one-third of the country’s workforce, activists say that more needs
to be done to protect their rights against often unscrupulous employers.
On November 26, 171 mainland
Chinese bus drivers at state-linked transport company SMRT refused to board
their buses in protest over their perceived poor living conditions and low
wages. Chinese migrant drivers are paid on average S$1,075 (US$880) a month,
while Malaysians receive S$1,400 and Singaporeans S$1,600. The Chinese migrants
also protested against their poor living conditions, where eight drivers from
different shifts were forced to share the same bug-infested room.
Acting Manpower Minister Tan
Chuan Jin referred to the protest as “an illegal strike” because public
transport services are listed as "essential services" under the
Criminal Law (Temporary Provisions) Act. Under the law, strikes are illegal for
workers in these sectors unless they give the employer 14 days' notice of their
intent to go on strike and comply with requirements of the notice.
Four drivers - He Jun Ling, Gao
Yue Qiang, Liu Xiangying, and Weng Xianjie - were later charged for instigating
the strike, while He faces an additional charge of "inciting" workers
to strike. The four have said they will defend themselves against the charges.
If found guilty, they face up to a year in prison and/or fines of up to S$2,000
for conducting an illegal strike under article 9(1) of the Criminal Law
(Temporary Provisions) Act.
The fifth driver, Bao Feng Shan,
appearing in court without a lawyer, was sentenced immediately to six weeks in
jail. Twenty-nine other drivers who took part in the strike were detained and
immediately deported.
The strike by migrants, unusual
for the island state's tightly controlled society, has caused diplomatic
ripples between China and Singapore. Chinese foreign ministry spokesman Hong
Lei called on the Singaporean side to take Chinese workers' specific conditions
and legitimate appeals into full consideration, to discreetly and properly
handle the case, and to protect the lawful rights of the arrested Chinese
workers, Xinhua reported.
In Hong Kong, meanwhile, about 20
members of the Hong Kong Confederation of Trade Unions held a protest at the
Singapore Consulate in a show of solidarity with the detained and deported
drivers. They also called on the Singapore government to reinstate the 29
drivers who were repatriated and to drop the charges against the five who were
detained.
Just as the strike made global
headlines, two mainland Chinese construction workers, Zhu Guilei and Wu
Xiaolin, climbed on the top of two 10-story tower cranes at a work site in
Singapore's western Jurong district in protest over a wage dispute with their
employer, Zhong Jiang International. Police quickly arrested the two Chinese
workers for intentionally causing alarm and criminal trespassing.
More broadly, the two incidents
highlighted the plight of many migrant workers in Singapore. John Gee, a
migrant rights activist and immediate past president at Transient Workers Count
Too (TWC2), a non-profit organization that champions the welfare of migrant
workers, said his organization handled more than 2,000 complaint cases filed by
migrant workers last year, ranging from pay disputes to physical abuse. He
expects to receive at least 2,500 cases by the end of this year.
Loh Kah Seng, a historian who has
written extensively on Singapore’s migrant workers and trade unions, notes that
strikes were common during post-World War II Singapore in the 1940s-1960s.
Despite that frequency, however, he notes that it is not a light decision for
workers to go on strike in Singapore.
"Going on strike is a very
big thing for [the Chinese migrant worker drivers] given the consequences that
they face, such as possibly losing their jobs and income," Loh said.
"The fact that workers still went on strike in the past despite having so
much to lose says much about their desperate socio-economic plight," he
said.
Migrant dependence
Faced with a declining birthrate,
Singapore is increasingly dependent on migrant workers to fuel economic growth.
In 1970, the number of foreign
workers in Singapore was only 20,828, then making up 3.2% of the total labor
force. That number steadily grew to 248,200, or 16.1% of the total labor force
in 1990; 615,700 or 28.1% of the total workforce in 2000; to 1.09 million, or
34.7% of all workers in 2010. As of June 2012, there were 1.23 million foreign
workers in Singapore, making up 36.7% of the total labor force.
Brenda Yeoh, a professor at
National University of Singapore and Principal Investigator of the Asian
Metacentre for Population and Sustainable Development Analysis at the Asia
Research Institute, noted in a paper published in April that about 80% of new
arrivals in Singapore in the 2000s were low-skilled workers, primarily in the
construction, domestic labor, services, manufacturing, and marine industries.
Since 2008, some foreign workers
have also been admitted as performers for work in bars, discotheques, lounges,
night clubs, hotels, and restaurants. The remaining 20% are considered
"skilled" and are generally better-educated, employment-pass holders,
along with a small number of entrepreneurs who are often referred to as
"foreign talent".
This higher-paid group are
allowed residence passes to help establish Singapore as a financial and
biomedical hub; low-skilled migrants are generally brought in as cheap labor to
suppress costs and boost competitiveness, labor sources say.
Today, Singapore is by certain
measures the world's richest country, even while its average wages are among
the lowest. Singapore's per capital gross domestic product in 2010 was
S$70,000, according to the Wealth Report 2012, a global study on property and
wealth compiled by Knight Frank and Citi Private Bank. Wages, however, are
lagging behind as exemplified by the case of the aggrieved migrant Chinese bus
drivers.
While migrant workers have been
essential to Singapore's economic success, state authorities are lagging behind
in protecting their rights, according to labor activists. In particular, they
note that employers are able to repatriate workers at anytime during their
contracts without prior notice.
In a July press release, the
Ministry of Manpower noted that in the event of employment termination,
employers are required to give their workers notice according to the period
stated in the contract or, if not specified in the contract, in the Employment
Act. In reality, many workers are kept in the dark until hours before their
repatriation. TWC2 has documented many cases where migrant workers learn about
their deportation while they are on their way to the airport.
"That's why the deportation
of 29 Chinese drivers was so effective in stopping the strike. The government
kills the chicken to frighten the monkey," said Sinapan Samydorai,
Association of Southeast Asian Nations (ASEAN) director at the civil society
group Think Centre, quoting a Chinese proverb. "The drivers had complained
for six months, but the management was not doing anything," said
Samydorai, whose organization handles cases ranging from non-payment of wages
to human trafficking.
Little protection
Fear of reprisal muzzles many
exploited migrants. A reporter from Hong Kong on assignment to cover the bus
strike recalled to a recent forum on the issue about a note passed to her by a
Chinese driver saying that none of the workers dared to raise any issues to the
media for fear of retribution through deportation. Singapore's local press is
heavily influenced by the People's Action Party (PAP)-dominated government.
Non-payment of wages is another
frequent abuse, sources say. Employers often take advantage of the workers'
helplessness by not paying them on time or in full. The Ministry of Manpower
has publicly urged workers to bring such cases to its attention. In reality,
however, many migrant workers are not issued pay slips or work contracts, which
makes it extremely difficult for them to legally follow up their cases, sources
say.
Significantly, the migrant
Chinese drivers at SMRT were not card-carrying members of the country's only
union, the National Trades Union Congress (NTUC). Singapore's labor system is
notable for its tripartite arrangement in which unions, employers, and the
government work closely together for mutual benefit. The NTUC is often seen to
side with the government and employers rather than aggrieved employees.
Following the recent strike, the
NTUC was quick to issue a statement that it supports the action taken by the
government regarding the "illegal strike" of the SMRT's bus drivers.
The NTUC also said it does not have a legal mandate to represent the aggrieved
workers.
"It is important to send a
clear signal to all workers that as a nation ruled by law, there are proper
ways of dealing with issues and disagreement," NTUC said in a statement.
"Any action that is illegal must and will be dealt with firmly, regardless
of whether the workers are local or foreign. We have a system in place to deal
with workplace issues and grievances, one that has been painstakingly built
over the years and has served us well. This must continue," it said.
Although the Chinese migrant
strike was short-lived, it did raise awareness about the plight of Singapore's
many exploited migrant workers.
The Ministry of Manpower
immediately carried out an investigation into the incident and found that
housekeeping in the drivers' dormitories was indeed "below par" and
that drivers working different shifts were often roomed together, making it
difficult for workers to get any rest. It also singled out the SMRT, saying
that it could have done better in managing labor grievances and concerns.
Labor activists expect the
Ministry of Manpower to pay closer attention in future to these concerns
considering their potential to generate poor international publicity and
domestic instability.
Migrant worker activists
acknowledge that the ministry has recently improved in providing more
communication channels to respond to labor complaints. In September, the
ministry introduced amendments to the Employment of Foreign Manpower Act upon
calls by activists for greater enforcement of the law against employers found
to be exploiting migrant workers.
The changes, approved by the
parliament, include enhanced penalties for violations and the conversion of
certain criminal breaches to administrative ones so that errant employers can
be more quickly penalized. The changes also included the appointment of
commissioners to enforce ministry regulations more stringently.
However, more meaningful progress
on the issue has been slow because many politicians don't see potential
political gains from championing migrant worker rights, particularly amid
rising local sentiment against foreigners that bubbled up during last year's
general election, said Goh Meng Seng, former secretary general of the
opposition National Solidarity Party.
Megawati Wijaya
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