SINGAPORE: Parliament on Tuesday passed amendments to the Employment of Foreign
Manpower Act aimed at ensuring the integrity of the work pass framework.
Acting Manpower Minister Tan
Chuan-Jin said the changes will allow his ministry's officers to step up
enforcement against errant employers, foreign workers and syndicates.
The amended law will come into
force by the end of this year.
The changes also aim to ensure
Singaporeans remain at the core of the workforce.
Mr Tan said Singapore employers
are by and large responsible but there are some who try to profit by
circumventing the work pass framework and Singaporeans ultimately suffer when
employers fail to pay the true costs of hiring foreign workers.
To overcome that, the law has
been tightened with a penalty regime to enforce administrative infringements.
Next, to enhance deterrence, the
Manpower Ministry (MOM) will introduce new contraventions and increased
penalties which commensurate with potential profits gained from abusing the
system.
Sixteen MPs rose to support the
changes lauding the move would ensure Singaporeans stay at the core of the
workforce.
But many also noted that
enforcement must not be the only approach.
They offered suggestions as to
what more the government can do, going forward.
MP for Hougang SMC Png Eng Huat
called MOM to "look into promoting responsible employment, especially for
employers of low-wage migrant workers."
He said: "While enforcement
has a role to play, a mindset change will have a bigger impact on our society
as a whole. Singapore is a first-world country and we should reflect that in
the way we treat migrant workers. We have heard horror stories of how these
migrant workers are treated and sometimes abandoned the moment injuries befall
them. It is very sad to note that some of these workers already living in
poverty back home and going into debt in order to make a trip here, will end up
worse than before because of some unscrupulous agents and errant employers.
"Although MOM has no
shortage of legislation to act against errant employers to begin with, many
Singaporeans, Non-Governmental Organisations, Voluntary Welfare Organisations
will welcome the amendments to strengthen enforcement capabilities and address
the abuses and problems faced by migrant workers."
Others urged MOM to implement the
rules judiciously.
MP for Bishan-Toa Payoh GRC
Zainudin Nordin, said: "As we take errant employers to task, we also have
to ask ourselves how many employers had to resort to illegal ways because their
legitimate application for foreign workers was turned down.
"The authorities should
carefully look into the individual circumstances of each case because not every
employer who breaks the law is an evil opportunist who looking at squeezing the
last buck from helpless workers."
MP for West Coast GRC Foo Mee Har
asked if there is a role for whistle-blowers.
"If whistle-blowers can be
assured that MOM will assist them in finding another job in Singapore, it would
help remove the fear amongst these vulnerable workers of being punished when
they help to bring errant employers to book," asked Ms Foo.
Mr Tan replied: "Whistle
blowing will play an important part in uncovering the cases and this is
certainly an area that we are working out details on."
MP for Nee Soon GRC Patrick Tay
also urged MOM to take a stricter view and set a quota for the number of labour
supply agencies for each economic sector.
Mr Tay said: "There should
be regular audits carried out on their employment practices. The owners of the
employment agencies should also meet essential requirements such as a sound background,
appropriate qualifications, training and experience. The quality of hiring and
adherence to Work Pass framework can then be better ensured."
MPs also raised concerns over the
differing penalties for employees and employers over the same crime.
Nominated MP Tan Su Shan asked:
"Incidents of forgery of certificates or falsification of documents will
mean workers are penalised with up to 24 months in jail, or 12 months for
employers. Can we justify workers having such heavier penalties for the same crime?"
MP for Bishan-Toa Payoh GRC Hri
Kumar Nair said the disparity in sentencing appears anomalous.
Mr Nair also sought clarification
on how the amendments would apply in relation to associates of employers who
have been debarred from hiring foreign workers.
He said: "There is a broad
range of people who are defined as associates, and may catch people with little
connection to the debarred person. Under what circumstances will an associate
be debarred in absence of any evidence that he's working in concert with or at
the direction of the debarred person, in relation to the employment of foreign
workers?"
Summing up the three-hour long
debate, Mr Tan emphasised the target of the changes - irresponsible employers
and those abusing the system.
He said: "The majority of
employers can look forward to this Act in terms of protecting them and making
sure that the playing field is level for all. These amendments should be seen
in the context of all our efforts to build a really big-hearted society which
shows graciousness and respect for fellow human beings whether local or
foreigners."
Mr Tan said the amendments fill
in gaps that may have existed in the past.
He said the new regime allows
swifter enforcement and the financial penalties will be high enough to make
such employers give up their illegal profits and so, will act as a deterrent.
He also revealed that MOM
investigated some 300 cases of submission of forged documents for foreign
workers last year.
In addition, he assured that with
the changes, small and medium enterprises will not find it more challenging to
operate.
Mr Tan said: "I would like
to emphasise that none, and I repeat, none of the measures in this bill are
aimed at increasing the duties of honest employers, which make up the bulk of
all employers. In fact, our measures are aimed at helping to make sure that we
level the playing field for law-abiding employers by penalising unscrupulous
competitors who undercut costs by bypassing the Work Pass framework."
- CNA/fa
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