Singapore - Parliament passes amendments to Employment of Foreign Manpower Act

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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