National Policy and Practice on Complaints Mechanisms and Providing Access to the Judicial System

Transcription

1 National Policy and Practice on Complaints Mechanisms and Providing Access to the Judicial System By Don Yeo Foreign Manpower Management Division (Singapore) November Scope What matters when lodging complaints? What are the mechanisms? Success story of collaboration between stakeholders 2 1

2 What matters when lodging complaint? Accessibility & Integrity Service & Support 3 What happened behind the scene? What are the mechanisms? Prevention Early detection and intervention. Ensuring accessible channels to seek clarifications and lodge complaints. Partnership Partnering NGOs and other relevant organisations to maximise outreach and to provide necessary assistance Protection Providing adequate victim care services including accommodation, medical care and possible job placement during ongoing investigation. Prosecution Taking effective enforcement to deter errant employers. 4 2

3 Prevention (Accessibility, Detection and Intervention) 1. Pre-Employment FDWs are briefed during the Settling-In- Programme (SIP) on who to contact when they require assistance. This includes MOM s FDW Helpline, Police and NGOs contact numbers. 4. Prompt Intervention Expeditious intervention. 2. Post-Employment First Time or potentially vulnerable FDWs called up interview within 2 3 months after employment. 3. Dealing with abuse, exploitation and violence FDWs facing abuse, exploitation and violence may use various available channels to seek assistance. 5 Recent Measures Pre-Employment (Engagement and Education) It is important for migrant workers to understand their rights and obligations even before they leave their home country. Migrant workers applying for Work Permits in Singapore are issued In- Principle Approval (IPA) letters which are sent to their home countries before they depart for Singapore. These letters, which are translated into the migrant workers native languages, contain useful information to help protect the migrant workers interests. 6 3

4 Recent Measures Pre-Employment (Engagement and Education) All construction workers in the Construction sector must attend and pass the Construction Safety Orientation Course (2-day course). All foreign workers in Marine sector must attend a full-day Shipyard Safety Instruction Course and obtain a SSIC Pass during their employment in Singapore. The course content covers common safety requirements and health hazards in the industry, prevention of accidents and diseases, and rights and responsibilities under employment law. 7 Recent Measures Pre-Employment (Engagement and Education) Settling-In Programme Singapore introduced a Settling-In Programme for migrant domestic workers in May 2012 which aims to help first-timers cope better with living and working in Singapore. The programme covers adapting to living and working in Singapore, safety at work as well as conditions of employment and rights of workers. 8 4

5 Recent Measures Pre/Post-Employment (Engagement and Education) Handy Guide in various native languages provide migrant workers with an overview of their employment rights and responsibilities while working in Singapore. It will also cover other issues such as workplace safety and social behaviour. The Handy Guide also contain important information such as avenues of assistance, e.g. useful telephone numbers of MOM, Police, NGOs, Embassies, etc. The Handy Guide are handed out during roadshows at dormitories regularly. 9 Complaint Management FDW lodges a complaint (Walk-in, Call thru FDW Helpline, Mail or referrals from various agencies) Team Leader will assess the complaint on the same or next working day IO will record statement and make necessary arrangement to assist FDW Enforcement Actions 2012 Legal Service Division for assessment and concurrence Proper closure with FDW (either facilitating repatriation or reemployment) Team Leader will assess and proposes recommendation based on evidences #1 10 5

6 Employment Claims Mr Tan makes an e- appointment to lodge a claim for salary arrears for 2 months and overtime payment. MOM officer assesses Mr Tan s case based on the documentary evidences provided. Settlement Reached (More than 90%) Claims will be heard by ACL and two parties are required to produce evidences and witnesses to substantiate the case. The ACL will deliver judgement order at the end of the inquiry. If payment ordered, the employer is required to pay within 14 days MOM fixes a date for Mr Tan and his ex-employer to attend an inquiry so that the Commissioner (ACL) may inquire into the claim. If both parties comes to a settlement, a consent order would be issued for employer to pay worker within 14 days. #1 11 Protection (Adequate Victim Care Services) Protection Ensuring integrity of investigation and protecting interest of the victims (ie. Extraction and not disclosing victims relocated accommodation) Job Scheme Allowing victims to take up job if they are willing during ongoing investigation. Subsistence Providing accommodation and necessary subsistence to victims. This may also include working with NGOs for rehabilitation of victims. Medical Care Ensuring that victims receive necessary medical treatments (whether it is related to the case or not) during ongoing investigation. 12 6

7 Recent Measures Providing Avenues For Migrant Workers To Seek Assistance Ministry of Manpower (MOM) recently relocated its frontline operations from various locations to a new MOM Services Centre. Workers may approach MOM for one-stop advice on their rights, seek conciliation services or lodge a complaint or claim. MOM also works closely with non-government organisations (NGOs) which serve as an alternative channel for migrant workers to seek help. 13 Prosecution and Publicity 1. Deterrent Court Punishment - Illegal Employment (Max of $30k) - Collecting kickback (Max of S30k) - Breach of Work Pass Conditions (Max of $10k) 2. Administrative Actions (i.e. Debarment from hiring another FDW) 14 7

8 Recent Measures Amendments to the Employment of Foreign Manpower Act on 9 November 2012 Protection Under Law (Employment of Foreign Manpower Act) Enhance deterrence and increasing penalties on errant employers, e.g. illegal employment of foreign workers will be subjected to harsh penalties including a minimum fine of $5,000, up to a maximum fine of $30,000, and/or a maximum imprisonment term of 12 months, for first-time offenders 15 Recent Measures Protection Under the Law (Employment Agencies Act) Amendments to the Employment Agencies Act on 1 April 2011 Enhance deterrence and increasing penalties on errant employment agencies, e.g. unlicensed employment agent may be subjected to harsh penalties including a fine up to $80,000, and/or a maximum imprisonment term of 2 years. Capping maximum agency fees chargeable to workers Requiring 50% refund if services are terminated by employer within 6 months 16 8

9 Partnership (Key Stakeholders) Employers fulfill responsibilities of management at FWs entry, stay and exit stages, including ensuring the FWs well-being. Foreign Workers understand their rights and obligations and take responsibility to safeguard their interests. Government puts in place regulations and measures to ensure policy objectives are achieved and employers, EAs & FWs fulfill their responsibilities. Foreign Governments collaborate effectively for joint investigation and information sharing. Also seek views and learn best practices. NGOs work to refer cases seamlessly and liaise with government to effectively provide necessary victim assistance services Employment Agencies (EAs) are professional and ethical in their roles and obligations to employers and workers. 17 A SHARED RESPONSIBILITY Ensuring the well-being of migrant workers is a shared responsibility between Singapore and labour sending countries, e.g. provision of pre-departure training, reducing debt burden at the workers home country and in Singapore, continual education of employment rights while working in Singapore #1 18 9

10 Success Story of Collaboration MOM investigated an employer for not paying salary, $5,332 to her FDW for 4 years. The employer was charged and pleaded guilty on May 3 last year, and was fined S$14,000. He was ordered to pay the wages owed. MOM managed to contact the FDW and to hand over her salary through the assistance of NGO (FAST) and an employment agency #1 19 Thank You 10

11 Forum Objective 2012 #1 11