Debated in Parliament on 16 Aug 2016.
Er Dr Lee Bee Wah asked the Minister for Manpower (a) how many disputes have been received involving foreign workers and their employers in the past three years; (b) on average, how long does it take for the Ministry to investigate and resolve a case; (c) what are the options open to either party if they do not find the results of the investigation to be satisfactory; (d) whether there is a deadline after which the employer will not be required to continue paying for the worker's food and accommodation; and (e) what is the longest period so far where a case is unresolved and the employer has to bear the cost of maintaining the worker.
The Employment Act sets out the basic terms of employment including salary and other statutory benefits. Where there are disputes, the Ministry of Manpower (MOM) first attempts to resolve them by mediation. If parties are not satisfied with the outcome, they can have the dispute adjudicated at the Labour Court. In the past three years, MOM received about 4,500 disputes involving foreign workers per year. This represents less than 0.4% of the foreign workforce in Singapore.
MOM ensures that all disputes are dealt with expeditiously. The large majority, that is, more than 90% are amicably settled through mediation within one month. The remaining 10% of cases are resolved through adjudication at the Labour Court. Adjudication takes an average of another month to complete. Hence, practically all disputes are resolved within two months from the time the foreign workers surface their disputes to MOM. MOM requires the employers to be responsible for the workers' well-being, including the provision of proper food and accommodation, for the duration of the dispute. This ensures that the employer does not unfairly pass on the cost of upkeep to other taxpayers. The state will provide for the upkeep of a worker where necessary, if the worker is required by the state, for example, as a prosecution witness or an accused person.
The longest case in the last three years took about 10 months to complete as it involved not only a salary dispute but also a criminal breach of the Penal Code, where the employer was also investigated for allegations of salary fraud. The worker involved in that case was given proper upkeep and was also allowed to change employer after two months to continue working in Singapore.
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