Halimah Yacob
Singapore
“Thank you. I think that is certainly a very good idea and that is what we want to do and wish to do, to have the integration of the facilities. As the Member said, it is to encourage inter-generational bonding and support. In fact, we have already started one in Mr Seah Kian Peng's constituency.”
“I thank the Senior Parliamentary Secretary for the clarification, and for his information, I have written twice to LTA. The answers have been negative. My question is, what is the alternative because the purpose of the overhead pedestrian bridge is for people to cross over but the elderly has difficulty crossing over?”
“Mr Speaker, Sir, I am really happy to hear about the immense investment in helping households cope with the rising cost of energy. There will continue to be households that, despite these assistance measures, will face difficulty in paying for their electricity bills.”
“Sir, I would like to ask the Minister: if the problem in Japan is not resolved within the next few months, what measures will be in place to assist sectors that are affected, notably, sectors like electronics?”
“Madam, I have two concise clarifications. My first concise clarification is to ask the Minister about the very low unemployment rate. Given this very low unemployment rate, does MOM have strategies in place to help people who want to find jobs, not just those who are already displaced but those who are currently employed?”
“Madam, on behalf of the House, I would like to thank the Minister, the Minister of State and the Senior Parliamentary Secretary for the very comprehensive and detailed responses given. This year, the Ministry of Manpower did not have the highest number of cuts. That honour went to the Ministry of National Development.”
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“Question No. 3, Sir. The Senior Parliamentary Secretary to the Minister for National Development (Dr Mohamad Maliki Bin Osman) (for the Minister for National Development): Mr Speaker, Sir, we introduced Interim Rental Housing (IRH) in January 2009 to help citizen families in financial hardship with temporary accommodation while they worked out more permanent housing solutions. On average, a family stays in IRH for about six months. Many of these families face underlying socio-economic challenges, such as unemployment and relationship disputes with their families. As stable employment is key to improving their financial situation, the relevant social agencies are helping them in their effort to seek employment or upgrade their skills. Families facing relationship disputes are referred to Family Service Centres (FSCs) for counselling. Transiting to permanent housing: families who have improved their financial situation will be assisted to move to home-ownership flats. Those who have resolved their family disputes can live with their families. For needy families that are unable to improve their financial situation despite best efforts and who have no family support, HDB will consider them for public rental flats. To date, about 1,600 families are benefiting or have benefited from IRH. Of these, about 430 families have moved out of IRH into longer-term living arrangements, such as public rental flats, home-ownership flats or living with their family or relatives. Another 430 families will be moving to home-ownership flats when their new units are ready. WHISTLE-BLOWING POLICY FOR STATUTORY BOARDS 4.”
“A couple of questions, Sir. I would like to ask the Minister: those who have opted out of the HOTA, what efforts have been made to persuade them or dissuade them from opting out? Secondly, on the 14 that were not successful in the applications for living donors: what were the reasons? Thirdly, on the NKF Live Donors Support Fund. The numbers that have applied seems to be rather small. Are there any efforts to make it known to those who are needy and who would benefit from this scheme about the availability of this scheme?”
“The Senior Parliamentary Secretary to the Minister for National Development (Dr Mohamad Maliki Bin Osman) (for the Minister for National Development): Mr Speaker, Sir, HDB takes compulsory acquisition (CA) action against flat lessees who have committed major lease infringements such as the unauthorised subletting of flats. CA action is also taken, as a last resort, against mortgage arrears cases where lessees are unresponsive to HDB’s efforts to help them work towards a long-term solution. HDB’s compensation policy under CA is designed such that lessees do not enjoy undue financial gains as a result of the CA action. The compensation quantum takes into consideration the financial penalty for the lease infringements as well as HDB’s holding cost and administrative costs. Hence, for flats that are eligible for resale in the open market, HDB compensates them at 90% of the market value of the flats at the point of CA.”
“As I have said, a person who is not happy with any aspect of the moneylending contract, including the interest rates, can file a complaint either with the Small Claims Tribunal, which is an easy process, or with the Courts, under either the Consumer Protection (Fair Trading) Act or section 23 of the Moneylenders Act. In fact, the process under the Consumer Protection (Fair Trading) Act was something introduced only last year. So, that is after the amendments in November 2008. The process is there and any aggrieved borrower should use it. The third point, of course, is a very good point which I think all borrowers must take to heart: prudence in borrowing, both in terms of the reason for borrowing and also the amount that he or she wants to borrow. At the national level, there is this programme called MoneySENSE where there is a national literacy financial programme to ensure that not just borrowers, but even prospective borrowers – because this reaches out to the schools – will know what is financial prudence. And, secondly, I think more importantly, the regime that is provided under the amendments, there is transparency and accountability. I think that is a key point. We have modernised the regime to ensure greater transparency. So, the borrower has to take that step – go to the website, where all the moneylenders are listed out, compare rates and make a borrowing that is within his means. COMPENSATION FOR FLATS UNDER COMPULSORY ACQUISITION SCHEME 19. Mr Lim Biow Chuan asked the Minister for National Development why HDB pays compensation of only 90% of the market value for a flat which is under compulsory acquisition.”
“Sir, I have three questions for the Senior Minister of State. My first question is to ask the Senior Minister of State how does the Ministry monitor licensed moneylenders to make sure that they comply with the law? My second question is: how can borrowers charged with excessive interest rates seek redress? The Senior Minister of State has actually mentioned that they can seek redress at the Small Claims Tribunal. How many such claims have been filed and have been successful? Thirdly, I do believe that borrowers, too, have some responsibility. Could the Senior Minister of State advise this House in what ways we can educate borrowers to know about their own responsibility as well when they borrow money from licensed moneylenders? Assoc. Prof. Ho Peng Kee: Sir, I thank the Member for the three questions. First, on how compliance can be effected. When we amended the Act in November 2008, we also enhanced the Registry of Moneylender (ROM)'s powers. For example, the Registrar is actually very proactive. When complaints are received, together sometimes with the Police, they can carry out raids on the premises, to inspect documents. And, indeed, returns are also required now of the moneylenders, both monthly returns as well as quarterly returns. So, my assurance here is that the ROM realises that once we have a construct given, where we free up interest rates, there is a possibility that some moneylenders may charge high interest rates, the ROM, in this case, a lady, she will have to take more proactive stance in ensuring that the laws are complied with. So, that is my assurance to Mdm Halimah – that ROM will continue to do this. The second point is on redress.”
“I would like to thank the Minister of State for the positive response to my suggestion. Can I ask the Minister of State when the review will be completed and the new rates introduced?”
“Sir, I have four supplementary questions to ask the Minister. Firstly, given the concerns of our rising healthcare cost, could the Ministry consider covering more medicines under the Standard Drug List? Secondly, there is a fund which pays for non-standard medicines, such as most recently HIV has been included for those who cannot afford to pay for this medicine. Could the Ministry consider expanding the scope of this to cover other medicines as well? Thirdly, could the Ministry also consider increasing the $500 limit imposed for subsidising implants precisely because of rising cost of healthcare? Finally, for the more expensive implants ordered by the doctor, and not by the patient, could the Ministry consider subsidising these implants as well for those who are in the subsidised wards?”
“Businesses will not agree to the wage being set higher than the market and countries that are export-oriented are very concerned about losing their competitiveness. The whole process of setting a new minimum wage sometimes takes two, three years, and because it has to be revised all the time, by which time it is set, it is completely out of whack with the market rates. 3.43 pm”
“Sir, Member Low Thia Khiang mentioned my comment and I would like to say that when he talks about setting productivity indicators and upgrading people's skills, that talks about providing people with tools. But when we talk about minimum wage, it is a completely different thing. What I said was that the difficulty is due to not just the complexity and the diverse interests but also because within each sector and within each industry, there are diversities. There are some that are doing very well and some that are not doing very well. When you set a minimum wage of a particular sector or industry, it has to apply to all. Governments in many countries find that they cannot make an exception. If you pick up the retail sector or the construction sector, whatever, once you set the minimum wage, it has to apply to everyone. But then the complexity is that in each sector, there are different types of companies. Some can pay more, some can pay the minimum wage, some cannot. Two things happen as a result. One, if you set a minimum wage which some companies in that sector cannot afford to pay, they have to close down and the workers lose their jobs. That has happened if we look at the example in South Africa. That happened to the garment industry because they set a minimum wage higher and some companies in the garment sector had to close down and people lost their jobs. Secondly, because of the difficulty of setting the minimum wage in that sector, it takes a very long time. That is one point. The second point: people tend to under-set the minimum wage. In many countries, one sees that the minimum wage never ever reaches the market rate of the wages because it is always under-priced.”
“We must monitor the situation so that the inflationary pressures will not be too burdensome; it is crucial for the Government to ensure that the prices of goods or cost of living do not go beyond the affordability of low-wage workers. More importantly, we must improve productivity while increasing the competitiveness of our workers by improving their skills and helping them overcome training constraints. Since our economy will continue to change according to current interests, the type of jobs and the way we work will *Cols. 2485-2486. also need to adjust. This means that we must not take things lightly and must continue our efforts to secure a brighter future and gain benefits from our economic growth. I am confident that our community will have the ability and strong determination to continue this struggle. (In English): About an hour ago, I was speaking to Puan Arshad Bibi. She is a cleaner working in our Parliament House and I asked her how is her work and she answered me in Malay. She said, "Semua pekerjaan adalah sama." That means all work is the same. She went on, "Kita harus bekerja kuat" or "we have to work very hard", and she went on, "Tanpa usaha, kita tidak akan ke mana" or "without effort we will not go anywhere". I respect Ms Bibi's determination and I hope many of us will have her strength of spirit and I really hope and am sure that many of us here in Singapore share that same spirit, that same sentiment, and have that same strength so that we can all move forward together.”
“As this appeal – I must tell the Minister for Manpower – has been made by many workers to me and since we want the idea of people levelling up revolving around Workfare and not welfare, I think we should reward work and not disincentivise people who do overtime, work on rest days and public holidays and so on. With your permission, Sir, I would like to speak in Malay for a few sentences. (In Malay): [For vernacular speech, please refer to Appendix A*. ] In order to ensure that each of us gains the benefits of economic growth, various efforts have been launched through the WDA and the Employment and Employability Institute (e2i) to help less skilled workers improve their skills while paving the way for them to undergo skill training so that they can progress to obtain better salaries. These efforts are also strongly supported by the Employability Network under the Community Leaders' Forum through its programmes, like the Workforce Skills Qualification (WSQ) on Workplace Literacy and Numeracy Programme, which was launched recently. Statistics from the e2i show that many Malay workers have taken advantage of the job opportunities that are provided or offered. This is very encouraging for our community as it indicates that more of our workers will progress to get better paying jobs. Between 2008 and October 2010, around 100,909 Malay workers are either placed in or have been trained by the e2i. With skills upgrading, the family and individual incomes have also stabilised and increased. At the same time, Malay/Muslim workers who are low-skilled have also benefited from the Government's special grants, including the Workfare Income Supplement (WIS) Scheme and the Workfare Training Support (WTS) Scheme. The inflation rate has been predicted to increase this year.”
“Singapore is a highly wired up country with at least 80% of the households having broadband access, yet the number of people telecommuting or working at home either fully or partly, is very low. Think of all those who could not commute daily to work such as housewives, retirees, people with disabilities and many others with special needs. Imagine how much more inclusive our society could become if only they could have access to productive, paid work because they could work from home. Imagine, too, if many more women who currently have to stay at home because of childcare or eldercare obligations could have access to paid work through telecommuting, how many more women could re-enter the workforce, how much more inclusive our society would be and how much less dependent we would be on foreign workers? Thirdly, according to an MOM survey only one in five of the economically inactive women has upper secondary education or above. This means that most would need re-training, particularly in literacy and numeracy skills before they could re-enter the workforce. One possible solution would be to have numeracy and literacy courses conducted at community clubs so that these women would be able to acquire the basic foundation skills needed to land them in jobs or for other forms of training but in centres close to their homes and at their own pace. We should also explore how we could better leverage on ICT in order to deliver this training at home to the women. Finally, I would like to repeat my call to the Ministry of Manpower for the WIS payment to exclude the overtime payment.”
“What we did was we arranged for them to go and look at the hotel where there is a kitchen or a restaurant and they realised it is not so bad after all. So these are some of the more targeted efforts that we make, that we do in order to help women. Moving ahead, Sir, I urge the Government to continue doing more in the following areas so that more women can work and take advantage of the opportunities and ensure that our economic growth continues to be inclusive. Firstly, we need to ensure that there is sufficient and affordable social support infrastructure such as childcare and kindergarten services as well as eldercare services as women are still the main caregivers in our society. One reason why the Scandinavian countries have such a high female labour force participation rate is because child care facilities are so accessible, so much so that in Denmark, for instance, almost 90% of the children below the age of five are in childcare. We now have the KIFAS and CFAC schemes which provide highly subsidised childcare and kindergarten services to children from low-income families. Currently, the family income limit for access to subsidised care in KIFAS or CFAC is $1,800. To enable more women to go out to work, this income ceiling could be increased to $2,500 so that with more women working, their family incomes would increase. With our rapidly ageing population, we will see increasing numbers who have to live at home to take care of their elderly parents. Hence, we also have to ensure that there are adequate and affordable eldercare support services to free more women to go out to work. Secondly, encourage more companies to adopt telecommuting and ICT-leveraged home-based work.”
“Mdm Zuraini was working with Cherie Hearts since 2002 where she was employed as an Assistant Vice President in the IT department. However, in 2009 when her son was taking his PSLE, she decided that she had to spend more time at home. It was at this point that Cherie Hearts decided to tap on the Flexi-Works! funding, administered by NTUC, in order to help them make the necessary changes to work so that employees like Mdm Zuraini could work part-time or telecommute. Mdm Zuraini was subsequently promoted to the post of Vice-President in charge of a larger portfolio which shows that flexible work arrangements can, in fact, boost performance and productivity and is certainly one way ahead for us to ensure a more inclusive society. We will continue to ramp up efforts to help more women who are re-entering the workforce through targeted programmes. We do not wait for the women to reach out to us. Last year, we even did a pilot outreach programme to engage women living in the rental flats in Ang Mo Kio. Our Back to Work team went knocking from door to door to speak to the women and inform them about the jobs that are available. Another approach is mindset and sectoral training programmes, to prepare the women for jobs in particular sectors so that there is a better job fit. Yet another interesting approach is to ask the companies not only to conduct interviews at the workplace but also to allow the women to watch and experience first hand how work is being done, so that they will be more open and receptive to different kinds of jobs. For example, we tried to ask women to work in the kitchens but they said it is too hot and stuffy.”
“Let me share with you the story of Mdm Leong Yoke Har who is 48 years old and has two children aged 15 and 18 years. In 2001, she left her job in order to look after her kids but decided to re-enter the workforce when her youngest turned 14 and with the encouragement of her husband. After being a housewife for 10 years and having lost touch with the workplace, she found it difficult to return to work. She approached the NTUC Back to Work programme and we arranged job interviews for her. She is now happily employed as a full-time receptionist with PASS Employment Services. Another example involves someone who had left the workforce in order to take care of an ageing parent, a growing challenge in our society as women are still the main caregivers and our population is ageing rapidly. In her 40s, she was working in SingTel as a customer service officer. But in 2003 she had to leave her job in order to take care of her parent. She decided to re-enter the workforce in 2010 for financial reasons. She approached the NTUC Back to Work programme and we helped to place her in a company called One Bearing as an account cum payroll assistant. Our Back to Work programme is based on 3Rs. The first "R" is recruitment, where we place women who are essentially job ready and could be placed into jobs almost immediately, as in the case of the two examples which I had cited earlier. The second "R" is re-adjustment, where we help to prepare women to be skills ready thereby enhancing their employment chances. The third "R" is retention, where we work closely with companies to re-structure jobs and make them more flexible so that women can balance work and family and do not drop out of the workforce. Mdm Zuraini is one person who has benefited from our Flexi-Works! efforts.”
“It attracts a lot of sound and fury but it does not necessarily guarantee results and that is the reason why in many countries there has been a lot of pressure put on the government to put job creation as the centrepiece of its economic and social development policies; and that was also the decision made by a conference in Oslo of all the developed countries which says that all governments must recognise the need to put job creation at the centre of its policies – which is what is being done in Singapore. Let me now, Sir, share with this House on our efforts in helping one important segment of our society and that is the homemakers who want to return to work. Last year, our female employment rate grew from 69.4% to 71.7% for the 25 to 54 age group. This is good progress and we want to reach out to more. The majority of our economically-inactive women in MOM surveys cited family responsibilities as the reason for their inactivity. I must stress that ultimately it is up to the women and their families to decide whether or not they should work but the most important thing in my view is that we must give these women the choice to decide for themselves. To me, this is the essence of inclusive growth where everyone counts, everyone belongs and everyone deserves a chance. We all know that ensuring inclusive growth cannot just be the work of the Government alone but that everyone has a part to play. Recognising the importance of focused and targeted programmes to help women return to the workforce, the NTUC Women’s Development Secretariat started a programme called "Back to Work" in 2007. To date, we have helped more than 8,000 women to return to work.”
“So, again, it is economic growth and availability of jobs that determine the pay and not a minimum wage policy. MP Mr Low Thia Khiang also talks about Government introducing recommended minimum wage policies or payments for specified sectors. There are two problems with this approach: the first problem – and this is a problem faced by many countries – is the fact that it is not always easy to seek a consensus as to how much should be the minimum wage for a particular sector. For every sector and even in each sector itself, there are companies that are doing well and there are others that are not doing so well and, therefore, would be faced with the big problem of meeting the needs of paying a minimum wage if they cannot afford it. So even in a particular sector where a minimum wage is set, companies that cannot afford to pay will be forced to close their business and workers will lose their jobs. Another problem with this sectoral approach is the process of getting a consensus because of the diverse and complex interests that has to be taken into account before a recommended sectoral or industry-based minimum wage is implemented. This means that the minimum wage can never keep pace with the market wages for the sector. Sir, I think minimum wage in many ways as a policy tool is attractive.”
“One of its key recommendations is for countries to invest heavily in education and skills upgrading so that everyone can benefit from the opportunities provided by globalisation. Long before this ILO report, Singapore has already adopted this approach and has made extensive investments in training and skills upgrading for our workers, so that they can enjoy higher incomes with higher-skilled jobs. Sir, let me at this point touch on the issue of minimum wage which was raised by a number of hon. Members here – Assoc. Prof. Paulin Straughan, Mr Viswa Sadasivan, Mr Low Thia Khiang and also in some ways, MP Irene Ng and also NMP Audrey Wong. Now, I think the crux of the arguments used in the minimum wage debate is to ask the basic question and that is: how to prevent low-wage workers from being exploited? Therefore, minimum wage is seen as policy tool to level up wages in the face of growing income disparity. But, Sir, the reality is this: minimum wage does not stop the exploitation and abuse of workers. Studies have shown that in countries where unemployment rate is very high, many workers are prepared to accept work that pay less than the minimum wage and they will not complain to the authorities in enforcing the minimum wage payment because then somebody else will do the job. If there is one job and there are one thousand people chasing after that job, nobody will complain if they are going to be paid less than the minimum wage. Studies have also shown that minimum wage is not a wage leveller because one problem with minimum wage is that the wages set by governments are very much below the market rate and this also applies to the developed countries, because countries are afraid to price themselves out of the global competition.”
“Mr Speaker, Sir, thank you for allowing me to speak on this motion. We all know the importance of inclusive economic growth. No growth in any country in the world is sustainable if it is also not inclusive. In other words, we cannot have growth where some segments of the society benefit while others do not or benefit very little from it. We know the consequences of such a lopsided growth. Over time, there will be loss of confidence and, in the end, everyone suffers. How can we hope to build a common identity, develop bonds among us and share a common dream if some among us cannot see much of a future? However, Sir, by debating this motion today, we are not saying that nothing has been done and we are only now awakened to this issue and are scrambling to put the pieces together. Far from it. Many important pieces are already in place, some of which have already been extensively debated in this House, such as the WIS and the WTS, which benefit low-income, low-skilled Singaporeans. In addition, social assistance programmes are firmly entrenched whether it involves housing, medical or education. The challenge of ensuring that growth is inclusive is not confined to Singapore only. In my work at the International Labour Organization (ILO), this is an issue that every country in the world has been grappling with. The ILO even set up a high-level committee some years ago on the Social Dimensions of Globalisation, which focuses on how to make globalisation fairer. The committee identified globalisation as a factor which can create opportunities but, if not managed properly, can also result in serious income disparities.”
“But it will have an impact on the regulatory scheme that we are trying to create – a new one, a more effective one – and I hope that this is an issue that the Government will continue to raise with other governments that are primarily the governments sending the foreign workers to our country. On this note, Sir, I support the Bill. It is a Bill that is timely, necessary, relevant and it will provide much better protection for foreign workers brought to Singapore. 6.12 pm”
“The efforts to upgrade the professionalism and standards in the industry through the new licensing requirements as well as the obligations imposed on the key office holders and other personnel to undergo training are welcome. I think this is really needed in this industry as sometimes it is a little like a cowboy town and anybody can come in. There are almost very low entry barriers. Over time, this would help to weed out the serious and responsible players from operators who are entering the market only to make a quick buck. However, the timeline for introducing the new changes is 2014, which appears to be much too long. Is there some way that these changes can be introduced faster? Sir, in conclusion, this is a very important Bill as it provides a stronger regulatory framework to help raise the standards of professionalism among employment agencies, enhance the protection for foreign workers working in Singapore and it would, of course, thereby enhance our reputation. But the law alone will not achieve the intended results as we also need the industry players themselves to make a concerted effort to weed out the errant among them, consistently pushing for higher performance standards and achieving greater confidence among the public. The industry can do a lot more to spruce up their own image instead of waiting for the Government to move. We also need the sending countries to assume greater responsibility over their own workers by imposing standards and taking action against errant agencies in their own countries. Unfortunately, of course, we know that this remains a big gap and there is very little that we can do, and also in terms of how the Bill can address that problem.”
“This would also minimise under-the-table arrangements where errant companies also participate in bogus foreign worker employment schemes in order for them to benefit from the exorbitant fees extracted from the foreign worker. However, frequently, complaints arise over other issues such as the kind of work, promised salary and other employment terms agreed to. In such situations, without any written records, it is difficult for the foreign worker to substantiate his claim. And it is not just the foreign worker, it is also in the interest of the company employing the foreign worker to have a standard contract. In case the company is being complained against, at least it can say that these were terms agreed upon which the foreign worker knew before he comes and, therefore, he should not say that he has been promised something different. Sometimes, we find that the employment contract that the worker signed in the home country is different from the one given to him in Singapore, which is usually, of course, much more inferior. The same principle of transparency, in my view, should also apply to prevent abuse and to ensure that employment agencies are responsible for the promises that they made to the foreign workers in their home countries. Could the Ministry consider making it compulsory for all employment agencies to provide a standard contract and to stick to it when the worker reaches our shores? I know some forms of it exist but I am not quite sure how pervasive it is and how effectively it is being enforced when it comes to the employment of foreign workers. My final point, Sir, is on the timeline.”
“Some of the malpractices that we see involve situations where the workers are promised jobs which do not materialise or are not the kinds of jobs that they were promised or they are offered much lower pay than promised. Sometimes, this happens due to a delay in the commencement of a project or because the employers overestimate the demand for workers. Whatever the reason, the worker ends up being underemployed or working much lesser hours with lesser earnings than promised. How would this new law prevent or address such abuses and how could the worker seek redress? My fourth point is on the forfeiture of the security deposit when foreign workers abscond. Employers of foreign domestic workers, in particular, find this requirement very onerous especially when their maids run away not because of abuse but for other reasons. I had a case where the foreign domestic worker was with the family for only two weeks before she disappeared, but the family was required to look for her or show that they had made efforts to do so, otherwise their deposit would be forfeited. So they even had to put an advertisement in the newspaper looking for their runaway maid. We cannot assume that in all cases where a foreign domestic worker runs away, it is because of abuse. So, I do ask that the Ministry exercises flexibility in such cases and not to pin the blame automatically on the employers. My fifth point is on the importance of having standard contracts. I welcome the move to introduce measures to make all charges by employment agencies to the foreign worker transparent, as this would prevent employment agents from charging excessive or other kinds of fees which is really not something that they had informed the worker before he comes here.”
“My second point is on the law’s intent to prevent employment agencies from charging excessive fees, and to prevent them from transferring employers’ obligations for costs such as medical and training to the foreign worker. This is a good move and I do notice that there are companies, employment agencies that actually advertise to potential clients that they can get foreign workers for actually almost free. And this is quite prevalent when it comes to the foreign domestic workers where they literally promised the employers that they can get a foreign domestic worker for free, which is really not free because it is the foreign domestic worker herself who has to absorb the cost which otherwise the employer has to pay. This is certainly a good move but I notice, however, that there is no mention of fee caps or restriction on transfer fees. Employment agencies currently charge a transfer fee whenever a foreign worker is transferred to another employer, especially for foreign domestic workers, and this can be equally painful for the workers. In many cases, when an employer rejects a foreign domestic worker, it need not be because she is a poor worker but because of a poor fit between the employer’s requirements and the foreign domestic worker supplied by the agency. If this is the case, it is not fair to penalise the foreign domestic worker for every transfer that takes place. In fact, it is the employment agency that has failed in their obligations to both the worker and the employer by failing to provide a proper fit between the job and the worker supplied, and they should be the one that should bear the cost and not the worker. My third point is on the misrepresentation and false promises that employment agencies frequently indulge in.”
“The current situation is too restrictive and allows some types of employment agency-related work to be excluded and therefore unregulated. I also welcome the caps on fees to be charged to foreign workers by employment agents. This will remove one key element of oppression as many of these foreign workers who come here to work are prepared to pay an arm and a leg thinking that our streets are paved in gold. Sir, I have, however, a few points to raise on this Bill. The first point is on the sending countries' obligations because I feel that no matter what we do, we will achieve only limited success if the governments where the workers come from do not also take strong and effective steps to regulate and monitor their own employment agencies to prevent exploitation and abuse. The foreign workers, who land on our shores, are already so heavily indebted even before they leave their country. Many had to pay thousands of dollars to their own agents back home even before they set foot in Singapore. So we may tighten the laws, we put caps on the fees by our employment agencies, but if nothing is done back home and their own agents can charge as much as they like, then the whole system of oppression is continued and that would also undermine the effectiveness of our law. I think we should make a strong point to the sending countries that they, too, have a part to play to discipline and control their own employment agencies to prevent the abuses of their own citizens. Perhaps, we should suggest to them that they should also have a strong licensing and regulatory framework for their employment agencies, which should also be effectively enforced.”
“Mr Deputy Speaker, Sir, I rise in support of this Bill. Employment agencies have to be tightly and carefully regulated because, unlike other businesses, they deal with the import of human beings. Although the Act applies to the recruitment and placement of foreigners and locals alike, we all know that most of the abuses involve foreign workers. Just as we have established a reputation as the country with the number one airport and seaport, we should also aim to be a country ranked as number one in the treatment of our foreign workers. Although it is true that most of the employment agencies abide by the rules and act fairly when bringing in foreign workers, the few that behaved badly and had their stories of ill treatment splashed in the media caused considerable damage to our reputation, and the worry is that this number is increasing, judging from the complaints against employment agencies that have more than doubled since 2006. Hence, this tighter regulatory framework and the stiffer penalties are necessary and timely as this business has attracted many new players because of the huge demand for foreign workers over the last few years. Complaints of abuses include excessive fees, false promises of jobs that do not materialise or of poorer quality than that promised, ill treatment and abuse, poor accommodation, premature termination of contracts and illegal withholding of passports. The number of unlicensed operators has also increased and they could operate outside the ambit of the law with impunity which they cannot do now under this new law. I most certainly welcome the new broader definition of what amounts to employment agency work or work related to it.”
“For the employers: flexibility for the employers to continue to use skilled experienced workers longer and to adjust their cost. For the employees flexibility to adjust themselves for new jobs and opportunities and to learn new experiences. I think this element of flexibility for both parties is extremely crucial for the success of the re-employment legislation. On this note, Sir, I support the Bill. 3.27 pm”
“Sir, in conclusion, I would like to thank MOM for this far sighted legislation, and in working very closely with the tripartite partners to iron out some of the issues. This would now give workers the legal right to work up to 65 years and even to 67, if subsequently that it is decided once it comes into effect in 2012. Although the law comes into effect in 2012, I hope that employers will not wait until then to introduce re-employment. Our unionised companies have fared well, but the non-unionised ones are still lagging behind. I urge MOM and employers to do more so that more workers could benefit from re-employment. This will be a particular challenge for the SMEs, and the Minister has also acknowledged that. The Association of Medium and Small Enterprises (ASME) have estimated that only 357 out of their more than 6,000 members had adopted the re-employment policy. As SMEs collectively employ a huge number of workers, we need to have more concerted and targeted efforts to assist them. Sir, I would also like to thank the Government for agreeing to implement the re-employment provisions including the EAP in the public sector in July this year, instead of waiting until January next year. This is a very enlightened move on the part of the public sector and will benefit many civil servants. I hope that this would lead the way for the private sector. Certainly, I am also very happy that we have worked very closely with the Government and particularly public sector division – more with the NTUC and public sector unions – in order to have the re-employment provisions in the public sector implemented in July this year. Sir, the key thrust of this Bill is flexibility, both for the employers and employees.”
“Could the Minister give an update on the outcome of its review of this list as too many exemptions would also defeat the purpose of the Bill, and currently how many workers are exempted from the Retirement Age Act? Even as we are debating this Bill, we are also acutely aware that there are now more contract workers being employed in Singapore. Could this become a convenient loophole where employers could avoid the retirement and re-employment law completely by employing people on contract which could undermine the objective from the law? It is also important to make sure that those categories of workers who are exempted from the Act are also given support and assistance if they wish to work longer so that their retirement age will not be completely out of whack with the rest of the population. As I hear that there are workers in some companies that are exempted facing this difficulty, could I ask what kind of recourse these workers have if they need help? My final point is on the procedure for referring claims to the Commissioner. Under the Act, a unionised worker can be represented by an officer of the trade union that he belongs to. As not all unions have the expertise or resources to represent their members themselves in hearings before the Commissioner, I would like to seek clarification from the Minister whether an officer from the NTUC could be allowed to do so. That means to represent them before the Commissioner, if the union is affiliate to NTUC. In other words, whether the interpretation of an officer of the trade union could also cover an officer of the federation of unions to which the union is affiliated?”
“Employees earning higher pay feel particularly vulnerable as they view the EAP quantum of $4,500 to $10,000 as too little to act as a deterrent to employers. I urge the Ministry to monitor the situation closely so that the EAP will not become a convenient loophole for employers to avoid their re-employment obligations. The EAP should clearly be the last resort when really there are no jobs. There are cases where the employer claims that there is no job available but soon after retiring the worker, advertises for his position. In such situations, the inference is clearly that the employer has not made reasonable attempts to find a suitable vacancy and is a violation of the Act. My third point is on the requirement for workers to be medically fit to continue working before they will be offered re-employment. On this point, I am not clear on the meaning of section 7(2) of the Act. This provision says that an employee is presumed to be medically fit to continue working, which is very clear to me. But then it goes on to say that "unless the employer of the employee proves on balance of probabilities that the employee is not medically fit". My understanding is that whether or not an employee is medically fit to continue working should be decided by a medical doctor. This provision seems to imply that the final judge should be the employer and even if the doctor certifies the worker medically fit to work, an employer could on a balance of probabilities prove otherwise. I would like to seek some clarification from the Minister as to the meaning of this provision and how it would be applied in practice. My fourth point is on the exemption list which currently covers 26 categories of workers who are excluded from the Act.”
“Although the law also states that the cut should be based on reasonable factors such as productivity, seniority-based wages or performance, section 5(4) clearly states that "if an employee does not agree with any proposed reduction in his salary, he may either retire or be retired by his employer on or after attaining 60 years of age notwithstanding any of the provisions of this Act". This implies that the employer has the right and the discretion to decide whether or not to cut and how much to cut, and if no agreement is reached with the employee on this, the employer could retire him at the age of 60 years. There is nothing in the existing Act or the new Bill on what a worker or his union can do if they disagree with the cut. This provision can be contrasted with the new provisions on re-employment which provides that if the worker does not agree with the terms of the re-employment offered by his employer, he can refer the matter to the Commissioner for Labour for conciliation. Could the Minister clarify why this conciliation provision is not extended to disputes over the salary cut at 60 years of age? Will it lead to a situation where employers could circumvent the re-employment law simply by retiring a worker who is 60 years old if the worker disagrees with the pay cut since the employer has the discretion to do so under section 5(4) of the Act? What recourse is available to a worker who does not agree to the pay cut at 60? My second point is on the Employment Assistance Payment (EAP). Whilst this provision is meant to help workers in situations where the company has no vacancy to re-employ them, there are concerns that employers would take the easy way out and pay the EAP instead of making every effort to find a job for the workers.”
“Otherwise, as we have observed from a comparable Japanese legislation, the law will become a dead letter. The most significant point about this Bill is that it will now give workers the right to work up to 65 years which is a significant benefit. Of course, this right comes with willingness to adjust to be flexible. But nevertheless, it is still a right to work after 65 years. The choice lies with the worker whether or not to continue working. But if he chooses to do so, then the employer has to make arrangements to accommodate him. I would like to make a few points on this Bill. First, Sir, on the salary cut at 60 years of age. I wish to ask the Minister whether there is a need to retain the provision which allows companies to cut a workers’ pay by up to 10% when the worker reaches 60 years of age. As the new Bill allows adjustments in workers’ salary when re-employment is offered at 62 years, will this not amount to a double cut and is excessive? Would it be counter-productive to our efforts to encourage older workers to remain employed? I had expected this provision to be removed or modified in light of the re-employment provisions and in line with the established principle that a worker should be paid according to the value of his job, including an older worker. On the same point, I also notice that the Bill has retained section 5(4) of the original Act, which allows an employer to retire an employee who does not agree with the company’s proposal to cut his salary.”
“Mr Speaker Sir, I rise in support of this Bill. Through the re-employment provisions enshrined in this Bill, Singaporeans will now be able to work until 65 years of age or even longer if their contract of employment allows them to do so. As the Minister for Manpower had said, there is a steady increase of older people working beyond 62 years of age, and this Bill will certainly empower and assist many more to do so. There is no reason why people cannot work for as long as they can or want to for whatever reasons; whether because they need the income, or of equal importance for many, to keep them productively engaged as their children have flown from the nest and they want to keep healthy in body and mind. Sir, I notice that this Bill now clearly stipulates that the retirement age stipulated in it is the minimum, which means that there is nothing to stop any employer from employing or re-employing anyone for as long as they want to. I am in no doubt at all that the existing law already provides for this but in view of the confusion that has arisen, where many had erroneously assumed that the retirement age provision in the Retirement Age Act was an obstacle to employers offering a higher retirement age, it is useful for the Bill to now provide for this explicitly. The other interesting feature of this Bill is the way it has provided extensively for disputes on re-employment to be dealt with. A worker denied of re-employment opportunities or dissatisfied with the terms of re-employment or quantum of employment assistance payment, can now refer the matter to the Commissioner for Labour for conciliation. Providing an effective mechanism for the settlement of re-employment disputes is important.”
“There have been concerns expressed that older PMETs are finding it more difficult to get jobs and the oft-cited reason is that it could be because they are being displaced by foreigners. Could I have the Minister of State's comments on that, please?”
“Sir, the two key concerns of Singaporeans taking care of the sick elderly parents are, of course, the affordability of nursing home care and access, meaning securing a place as quickly as possible after the need arises. The Minister mentioned that the average waiting time is "49 days". Unfortunately, anecdotally on the ground, for the different cases I have handled, the time period seems to be longer for a subsidised place in the nursing home. That is the reason I asked that question. We have six nursing homes being built. The question to ask is: what are some of the more immediate plans to ensure access? I am not quite sure why the average waiting time and the practices on the ground seem to differ? I do have actual cases with that. The other issue which has not been posed to the Minister is affordability. Could the Minister also give a response to that point?”
“In November last year, Sir, I had raised these issues and the Minister had said that the Ministry is doing a review of the Child Protection Service and how it investigates, intervenes and resolves cases of violence against children. Can I ask the Minister for an update of this review and whether the Bill also addresses some of these points? On this note, Sir, I support this Bill. It is a good Bill, aimed at providing greater protection to our children, but I do hope to have some clarity on some of the points which I have raised. 6.47 pm”
“I have already raised this issue in November, but I think it is really an important point and since we are debating this Bill, it is important in my view that this point is reiterated. In both cases of abuse, the Police had not referred the case to MCYS for case management. So, the question to ask, in addition to adequate staffing and resources as well as good coordination among the agencies, is how to put in place an early warning system so that before a perpetrator is released, the family is adequately prepared and there are follow-ups by the Child Protection Service to ensure that the child is safe and protected. For example, I hear of cases where perpetrators go back to the home, but in the home the victim does not even have a room to herself so that at night, for instance, she can lock the door and protect herself from any potential abuse by the perpetrators upon returning home. Also, when a victim was abused before she was 16, follow-ups should cover her case until she is at least 18 years old. I have heard the Minister's explanation as to why, for the moment, this law will now continue to be restricted to those of the age of 16 and below. But if the case is already on the radar screen and with the MCYS before the person reaches the age of 16, then follow-ups should be even after the person is 16, at least until the victim is 18 years old. There should also be effective counselling of the victim and her mother to ensure that they are properly rehabilitated and can continue with their lives despite the violence and the abuse perpetuated against the victim. In short, Sir, what we need are clear guidelines and protocols to deal with children who are victims of abuse so that there is consistency, continuity and no one falls through the crack.”
“I had to assist in the placement of two of the children in a home because of the mother's fear of physical abuse by the father, and the MCYS had to take over the care of the infant child because of the parents' neglect. So, I hope, Sir, that even as we strengthen the regulatory framework, we would also continue to provide enough resources and support to families in need of help so that they can take care of their children. Sir, my final point is that the success and effectiveness of the Child Protection Service (CPS) depend not only on tighter legislation, but also on adequate staff and resources as one observation is that this service is understaffed whereas the cases that they have to deal with are complex and need intensive follow-up actions. As the Bill now gives greater powers to MCYS to ensure early detection and intervention, there is clearly a need to review the staffing requirements and resources needed to ensure that the Bill meets its objectives. The other equally important point is the need for effective and strong coordination among the agencies dealing with violence against children as there is currently no automatic referrals of all criminal cases involving children. The referral agencies involved are usually the Police, health authorities such as hospitals and schools. In the most recent case that fell through the cracks, a father was jailed for four years for molesting his daughter but after his release, he returned home and re-victimised his daughter by further abusing her for four years until his conviction for rape last year, by which time the girl was already above 16.”
“Could this lead to a situation where overworked social workers frustrated with parents' failure to execute the bond, then decide to refer the parents for prosecution instead of taking the longer and more arduous route of convincing and persuading them and helping them to overcome the difficulties that they are facing in providing for their children? We should be very careful before criminalising any situation which involves family relationships as such actions could even be counter-productive to the welfare of the child. I note that we had lengthy discussions when we were part of the review on the Parents' Maintenance Bill and the same issue of whether we should make it a lot more punitive for people who do not support their parents cropped up but we felt that we should not do so because of the complexity of family relationships and we do not want to criminalise a parental act of neglect which is considered as neglect by the authorities or some other agencies. So, we need to have a balance. I understand the need to protect the child but, at the same time, I also understand that we need to ensure that parents are not deprived with the ability to take care of the welfare of their children. I am reminded of two cases that I had dealt with which show how diverse and complex family situations are and no two situations are the same. One family which I had helped had nine children and, of course, they were very tight financially but the children were all well taken care of, well brought up, disciplined and they were all in school. But the situation of another family with seven children was not so good.”
“So, I read with some trepidation the new paragraph 4(c) which describes one of the situations in which a child or young person is in need of care and protection as when, and I quote, "a parent or guardian of the child or young person is unable or has neglected to provide adequate food, clothing, medical aid, lodging, care or other necessities of life for the child or young person". I wonder whether MCYS may be over-reaching itself and this provision is too expansive. The key word here is "adequate" but standards of adequacy would obviously differ from family to family depending on their financial situation. Poor, needy families surviving on the barest minimum may consider what they are providing to their children adequate but it may not be adequate in the eyes of someone used to a higher standard of living. Also, there are families because of various reasons such as illness, disability or loss of employment who may find it difficult to provide for their children not because they do not want to but because they cannot. In such situations, they need help and a declaration that they could no longer provide care and protection to their children will not be helpful. So, I seek some clarity on this clause and how it would be interpreted and implemented in practice. Sir, this clarity is also important as it has a bearing on the other clauses of the Act which empowers the Juvenile Court to remove a child from his family or to order his parents to enter into a bond to exercise proper care and guardianship. On the latter point, I am also concerned whether the Bill is overly punitive by criminalising parents who breached a Court-ordered bond to exercise proper care and guardianship.”
“Mr Deputy Speaker, Sir, this is an important Bill as it aims to provide better protection and care of children and young persons against violence, abuse and neglect. In particular, the new licensing provisions will ensure highest standards of professionalism, better quality in the care and protection of children and young persons. However, Sir, I have mixed feelings over some of the provisions of this Bill. On the one hand, I recognise the need to enhance the powers of the State so that we can better protect innocent, defenceless children from neglect and abuse. Even as we are sitting here debating this Bill, we are reminded so painfully of the recent death of a young, innocent child, the victim of horrible abuse and neglect that forever robbed him of the chance to grow into adulthood and fulfil his own dreams and hopes. We shudder to think of how many more such cases could possibly exist, and we want to do everything possible to prevent such a tragedy from recurring. But even as we wrestle with these emotions, we also recognise that family relationships are so complex and that families today are under tremendous stress and need all the help that they can get so that they can provide children with the kind of warmth, support and care that only families can truly provide. The ideal place for children must be in the bosom of their families and not anywhere else. Children should be removed from their parents only in the most severe situations where there is real or imminent danger to them or where there is real neglect.”
“I would like to ask the Senior Parliamentary Secretary one follow-up question. Other than just waiting for residents to make complaints, what other measures or processes are put in place to ensure that flats are not converted into foreign worker dormitories? Because the number of complaints seems to have increased whereas the figures cited by the Senior Parliamentary Secretary seem to be rather low – only seven have been warned for overcrowding. So, I would like to hear the Senior Parliamentary Secretary's response, please.”
“If I could just follow up on the point about reducing the age from 23 years to 21 years – I think the criteria should be the level of capability/ability to handle stress on the part of the domestic workers, and not really the number among them that have committed suicide. That is the reason why at the age of 21, and in Singapore, as you know, a lot of people are already assuming a lot of responsibilities at the age of 21. But the issue of supply, in my view, has a direct correlation to the domestic workers being brought in who are under-aged. Could the Minister of State still consider that possibility?”
“Two supplementary questions for the Minister of State. First, on reducing the age from 23 years to 21 years and the argument of the Minister of State that this will result in even younger FDWs being brought in. But as it is, we already have those as young as 16 years old being brought in. I do not see the correlation in reducing the age from 23 to 21 and therefore having even younger foreign domestic workers being brought in, but at least the supply of the foreign domestic workers can be increased if the age limit is brought down to 21 years, without compromising the safety and welfare of these domestic workers. My second point is, as the Minister of State has said, the official travel document is the source of information and how can we ensure that employment agencies will bring in maids who are not under-aged because that is the same argument that they are using in citing the fact that they be made responsible for under-aged domestic maids to be brought into Singapore.”
“I would like to ask the Minister of State whether he would consider introducing these obesity prevention programmes at the pre-primary level because, in my view, by the primary school level, habits are already formed, whether exercise or lack of exercise or food habits. So roll out the programmes at the pre-primary level in collaboration, of course, with the Ministry of Health and Ministry of Community Development, Youth and Sports. I think there would then be a lot more targeted focus and that is more preventive in nature.”
“Sir, I have a couple of supplementary questions. The major concern is the lack of co-ordination among the agencies, such as MCYS and the Police, in handling cases of abuse victims. For example, there was a recent case of the girl who was molested by her father. Upon his release, he went back home and repeatedly raped her. MCYS was not informed by the Police and it was not clear whether the Police has it as part of the SOP that they need to inform MCYS for such cases. I have a few supplementary questions. First, could the Minister give some ideas as to how the Ministry proposes to have better co-ordination with the other agencies, especially the Police, on cases involving victims of abuse. Secondly, would the Minister consider making counselling mandatory for the abusers as well as the mother of the victim? Sometimes, the mother may be in state of denial, especially if the perpetrator is her own husband. Thirdly, could the Minister consider putting in place an alert system, whereby at least six months before an abuser is due to be released, the prison authorities will inform the relevant agencies, such as MCYS, family service centre if one is involved, the school – the child should get the support from the school – and other relevant agencies, perhaps the hospital, to supervise the child's well-being?”
“One supplementary question. I would like to ask the Minister whether ISP screening is free. If it is and even if it is not, will the Minister consider allowing Medisave to be used for screening? Not only for the three illnesses mentioned but other major illnesses as well.”
“But what is also important is for us to emphasise that a strong relationship between children and their parents is something that must be built from the start. As the Malay saying goes, "from a strand of thread a day, eventually you will create the textile", and that should be the way to build family ties. Mdm Deputy Speaker, I support this Bill.”
“Hence, the approach emphasised is still to get both parents and children to find solutions that can be accepted cordially by both parties with the help of an officer of the court. I feel that the relation between children and parents is complex. At times, on their own, they cannot solve their problems in matters of maintenance. Maybe with the help of the court or through the conciliatory process under this amendment, they can further understand each other's situation. I feel that under this proposed amendment, this Tribunal also has the power to make the agreement reached as a joint decision. This is important in case their relationship is affected or worsened, and the children refuse to fulfil the agreement that was made. Mdm Deputy Speaker, this Bill also paves the way for the court to obtain crucial information related to the address or income details of the child. Often, as a Tribunal member, I attended sessions where the child could not be contacted. This is unfair not only to the parents who refer the matter to the court but also to the other children who are contactable as it means that the court can order them to be present and the court order can be applied to them. The other children who remain uncontactable at all will not be held liable as they have never visited their parents who themselves do not know where these children live or work. Presently, due to the lack of information, many parents who qualify for assistance are unable to claim their rights. This shortcoming can now be overcome because the courts have a new avenue to obtain such important information. Mdm Deputy Speaker, in conclusion, I feel that this Bill is timely and much needed since our society is ageing, and more and more parents seek help at the Parents Maintenance Tribunal.”
“An exemplary child who faithfully carries out his or her obligation towards his or her parents should not worry too much about this Bill. On the contrary, this amendment will make it difficult for the small minority, who completely do not feel responsible for their parents, to escape. The original Act provides an important framework to issue orders for a child to take care of his or her parents, but there are a few weaknesses that can be addressed with this Bill. What has not changed here is the principle of reciprocity in the original Act. In other words, the court can still make a decision to reject the parents' claims if they fail to fulfil their obligations towards their children in the first place. They will be barred from using legal means as a way to force their children to take care of them. That would not be fair and parents must realise that if they want their children's support during their old age, they must fulfil their obligation as parents when they raise their children. In fact, this amendment through section 3(6) provides an avenue for the President or Deputy President to dismiss any claim that is found to be frivolous or wasting the court's time. So, it is largely possible that parents who do not qualify will find that their request will be wholly rejected if it is clear that their application is baseless. Mdm Deputy Speaker, the proposed amendments will not change the conciliatory approach of this process. On the contrary, it will enrich the mediation process by giving the Commissioner the power to issue orders so that both parties can resolve their problems peacefully at the application stage under this law.”