K Thanaletchimi
Singapore
“Mr Speaker, Sir, I just wish to highlight that one or two of the schools, they built lifts near to the gym. A gym is supposed to be where students exercise and they are supposed to be climbing the stairways. But instead the lifts are built alongside and not at the mainstream classrooms' column.”
“I thank the Senior Parliamentary Secretary for the reply. I just wish to know, when lifts are built, are the teachers consulted on the locations where the lifts are to be built? Is there any consultation or review with the teachers in the school before it has been planned to be built?”
“Mr Speaker, Sir, I would like to thank the Senior Minister of State Dr Amy Khor for the reply. Dr Khor mentioned that the Skills Framework will be out at the end of this year. May I know which profession or category of jobs in the Skills Framework will be out? Is it particularly nursing, allied health or all the other categories of jobs?”
“I would also like to ask the Minister if the Primary Care Network clinics are considered to be on par with the general practitioner clinics, so that, under the EA, the medical certificates (MCs) are recognised and also, they are able to get reimbursements from the employers.”
“I would like to ask the Minister a follow-up question on those companies on the FCF Watchlist. Are they still eligible for Government funding, such as Adapt and Grow and all the others, to improve their businesses? Are they still eligible to apply for those kinds of fundings?”
“Can the Government review and consider for a second wave of PG Package for those who missed out on the last wave? Healthcare needs are major concerns of our older citizens. We need to look after their needs adequately.”
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Every one of 215 lines we hold for K Thanaletchimi, in date order, each linked to its source. Free to read, in full, without an account. Page 4 of 5.
“Thank you, Madam. I would like to seek two clarifications on autonomous motor vehicles. Are regular motor vehicles with auto-pilot function considered a subset of autonomous motor vehicles? If yes, will the eventual insurance that is applicable for autonomous motor vehicles be applicable to this? The second clarification is on PHC booking service. When issued with the suspension order on a PHC booking service operator, for example Operator A, can the affiliated driver of Operator A join Operator B to provide PHC services during the suspension period?”
“Does the Bill require the presence of lawyers representing the interests of the parties involved in drafting the mediation agreement? Madam, with this, I thank you.”
“Mdm Speaker, I rise in support of the Bill. Singapore prides itself on having a clear and distinct mediation framework that effectively resolves disputes or conflicts in a smooth, expeditious and cost-effective manner. The Singapore Government has also been actively promoting mediation in Singapore and encouraging parties to resolve disputes through mediation rather than litigation or arbitration. In industrial relations disputes, cases are resolved through negotiations between two parties and if this comes to no avail, the dispute is being sought for third-party mediation, so that issues are resolved without further damage and to arrive at a win-win outcome. Madam, with reference to the Bill, I would like to seek the following clarifications. Clause 6(2)(a) states that "this Act does not apply to, or in relation to any mediation or conciliation proceeding, process, scheme or framework conducted under, or provided by or under, any written law". I would like to seek clarification on the coverage of the application of this Bill as clause 6(2)(a) provides wide exclusions regarding its application. For example, it would exclude workplace disputes involving executive employees and their employers as there are provisions for tripartite mediation of disputes involving executive employees under the Industrial Relations Act. Similarly, are family disputes also excluded from this Bill as there are laws covering mediation referred by the Family Justice Courts and mediation for commercial disputes are also covered by the Small Claims Tribunals? What roles do the SMC or SIMC play with reference to the Bill? Will they be considered as the "designated mediation service providers" under this Bill? Do the mediation procedures of the Singapore Mediation Centre apply in this Bill?”
“Four, with reference to section 7C, does the current employer have an obligation to seek employment opportunities from another employer for the re-employed staff? Can they be expected to seek such employment opportunities among their parent/subsidiary companies with this amendment? Mr Deputy Speaker, the revision to the Bill is a step in the right direction. I am indeed heartened that being old in Singapore will increasingly be less of a liability from the employment perspective. As we mature as an ageing society, it would be notably worthy for MOM to keep track of gender-based re-employment data so that there can be a more targeted effort to increase employment amongst older Singaporeans. What is of utmost importance is that to continue to provide employment opportunities to these older workers, be it men or women, and for companies to embrace age-neutral, age-friendly hiring practices and create a fertile environment for older workers to age gracefully with pride and dignity.”
“This is where monitoring and enforcement are required to deal with such unscrupulous employers and such sensitive issues. Notably, MOM could consider anti-discrimination laws, especially on age, as it is more prevalent as a constant bugbear so as to safeguard the interest of our growing older population seeking jobs, should the persuasive effort yield be low and slow. Lastly, on the revision of the Bill itself, I would like to seek a few clarifications. One, with reference to section 7 of the principal Act, it is good to include the tripartite guidelines as a reference in this Act where the explicit details are contained in the guidelines. For example, the need for the employer to inform the employee of its intention to reemploy at least three months before the employee turns 62. Even if these guidelines are referenced elsewhere but for greater accessibility and quick reference, I would urge MOM to consider this suggestion. Two, with reference to section 7A of the principal Act section (d), subsection (4) section (e) and sub-section (6), does this amendment mean that reemployment contracts will not be deemed as a new contract and employee's employment can be considered as a sail through? Three, in regard to section 7B, can I clarify if we can delete or amend the subsection so that re-employed workers will not see a cut in their entitlements that are tied to length of service? In the amendment under section 7B(5) also provides for the continuity of the employee's service for the purpose of computing the employee's entitlement to annual leave and sick leave. Would not this mean that subsection (1) is not as relevant?”
“I wish that all employers, be it multinational corporations (MNCs) or SMEs, as part of their corporate social responsibility, can be enlightened, be fair and inclusive by providing a suitable job and a flexible work arrangement to allow for older people to be economically viable and self-sustaining. From the health and economic perspective, it is also good for the nation and the society as a whole. I certainly hope MOM can provide more effective and sustainable incentives and continue promoting and sharing good practices of companies that hire older workers. As we see the ageing population growing rapidly, perhaps it is worthy for the Government to consider creating cottage industries for the greying population. Singapore can be a lifestyle hub for one to age gracefully and it can bring about collective economic value and essentially doing well for our ageing population by creating jobs of such kind. I also hope that MOM will consider upping the retirement age to 65 at a suitable time in the medium term and allow for re-employment without age limit. This, indeed, will require a tripartite effort to create genetic mutation of Singapore's DNA of how individuals view ageing and that to cultivate a culture of "age neutral workplace" as well as "age-friendly workplace". It is all about attitude, skill and adaptability. Technology can complement the effort of these older workers without having to totally replace them. With the growing grey waves, will MOM consider having a quota on the foreign workers to older Singaporeans employed without affecting the opportunities for our younger workforce? We often hear of companies employing foreign workers at the expense of older workers.”
“Even though there are various wage support schemes for companies to keep older workers in a job, be it those 55 and above and those 65 and above, perhaps MOM could review if these measures have been effective, especially to encourage companies to hire workers beyond 65, or should there be an enhanced wage support scheme that is tiered based on age band? Anecdotally, there are many older workers, especially those beyond 65 who increasingly find it a challenge to even be given an opportunity for interview. PMEs especially, who have lowered their expectations, do see a constant roadblock with age being the undeniable barrier. Let me now share one of the several cases of such nature which I had come across. A technician denied re-employment after he turned 65 since the employer's legal obligation is until employee is aged 65, sought employment in many industries, including the security industry, which was a 12-hour shift work. He wants to be gainfully employed so as to keep himself active while earning to support his spouse who is a housewife as his two children are residing overseas. The word is to keep himself active, that is, occupied, and to have some money in his pocket for daily expenses. "Is it too much to ask for?" he asked. He personally shared that there is prejudice against older workers which is a challenge to prove as it is rather subtle. I shared with him that TAFEP has been doing extensive work to promote fair and progressive work practices and to highlight cases of such nature to TAFEP should he feel strongly that there is discrimination. He shared that he does not want trouble. I believe there are many of such cases where people are trying to get an employment and subsequently stop trying as it produces futile outcomes.”
“Our older workers work in an era when work-life balance means work until the job gets done. They are resilient. For employers to recruit and retain them, it is all about the art and science of managing older workforce which companies must embrace. Sir, I wish to highlight one main concern which I hope MOM will look into: the plight of the older workers, especially those between 62 and 65, and those beyond 65 who have lost their employment and are actively seeking a job. Though the changes to the law are, indeed, timely and a most welcome step for a more inclusive and progressive workforce, measures have to be taken to help those older workers who have fallen out of employment now and until the law takes effect. We need to address the plight of our older workers, especially those above 65 who have lost their job prior to the legislation and now seeking employment. It is a great challenge, indeed, for this group of Singaporeans to find a job. Also with the slowing economy, what safeguards can we provide these older workers who are eligible for re-employment but lost their job because of early termination of term contract when companies underperform since older workers, besides foreigners, are the first to be terminated? Secondly, once an older worker, within the re-employment age, becomes unemployed, it is rather a challenge for him to find another job. There is unspoken discrimination which is, indeed, difficult to establish.”
“Mr Deputy Speaker, Sir, I stand in support of the revision to the Retirement and Re-employment Bill. I must applaud the tripartite partners for their effort in bringing about the change, that is, the extension of re-employment age to 67 and also to ensure responsible re-employment on the part of the employers instead of taking the easy way out by paying EAP. I certainly hope there will be more enlightened employers who will provide these older workers employment beyond 67 and certainly envision a day when the retirement age can be raised to 65 and re-employment could continue without a cap in age as long as a person is mentally well and physically fit to work and can contribute effectively and, more essentially, continue to embrace lifelong learning taking a three "A"s approach, that is, "Adopt, Adapt and Advance". However, it is lamentable that there is still a negative perception amongst employers that older workers are a liability to the company. Many employers plainly label older workers as too old for the job, lacking in energy and creativity, are not tech-savvy, have health problems and not able to work long as there are uncertainties in their health condition. If one were to flip the coin to the other side, one would come to realise that, fundamentally, older workers provide stability to the organisation. For example, should the network fail or if there is tech downtime, they do not panic for they have alternative ways to get things done even though they are not tech-savvy, unlike our younger generation who often become paralysed when there is tech downtime. We should recognise and acknowledge the fact that our Baby Boomers and Generation X are willing to learn new technology to be tech-savvy.”
“In this aspect, there should be greater transparency of cases of how repatriation have been managed by shipowners, awareness of the legislation to the various stakeholders, especially the seafarers, adequate education and easy access for seafarers to reach out for help, assistance and counselling. In this aspect, the maritime unions have been and continue to do a great job in representing the concerns of these seafarers, especially when they are stranded at sea. Shipowners must provide financial security to assure compensation in the event of death or long-term disability of seafarers due to occupational injury, illness or accidents due to work hazards. The legislation now makes it even more concrete of their obligations in this aspect. Madam, the Bill is a step in the right direction. One must value human lives and workers' rights for fundamental protection, prevention of accidents, incidents and, if it happens, provide both psychological and material support through expeditious treatment, smooth repatriation and fair compensation. With this, I am in favour of the Bill. 4.26 pm”
“Madam, the minimum standards prescribed by MLC have done much to protect and improve the work environment of seafarers in accordance with ILO standards regulating merchant shipping. Amongst other broad terms and benefits, it is important that conditions of their employment are taken care of. In addition, they must be sufficiently cared for in the areas of health protection, medical care, welfare, accident prevention and, if injury were to inadvertently happen, there must be sufficient assistance given for workplace injury which includes adequate compensation to ensure their long-term survivability. We need to ensure seafarers are able to return home safely at no cost in cases of abandonment or repatriation for reasons such as illness, injury, shipwreck, trading in a war zone or if the shipowner fails to fulfil his or her legal obligations to the seafarers. Madam, while I fully support the Bill, I certainly hope that we could beef up penalties against irresponsible shipowners who commit unscrupulous actions, such as abandonment, or failure to pay salaries or not providing necessary maintenance and support. In other words, apart from getting the shipowner to repatriate the seafarer, what further actions can be taken against shipowners who commit such irresponsible acts? Can the seafarers be reassured if the terms of coverage by a contract of insurance or other financial security will include all the liabilities included in the Work Injury Compensation Act? Page: 79 It is equally imperative that the seafarers know their rights and understand what employers' obligations are.”
“What is the documentary proof required preventing abuse, that is, inflated claims? In the computation of claims, a weekly index is used limiting the claims to a maximum of six days whilst the self-employed, such as hawkers, operate seven days a week. Can the period be stretched to seven days on a case-to-case basis, based on appeal? On recovery of payment, the Bill states the Government "may" instead of "shall" recover Government Paid Maternity Leave and Government Paid Maternity Benefit beyond statutory limits. What would be the circumstances where such payments would not be recovered? As such payments are classified as civil debts, what are the channels to recover these debts? Pertaining to section 12E, what is the number of cases of shared parental leave being shared between spouses since its introduction? If the numbers are low, how best can we promote sharing of parental leave between fathers and mothers and realise the importance of joint parenting? The intention of shared parental leave certainly includes the responsibilities of not only mothers but fathers in raising children. As a society, there must be a more concerted effort to push for shared parenthood. Madam, I strongly support this progressive Bill that is relevant to not only the current context of what family is and constitutes, but also for the future. Be it a single parent or dual-parent family nucleus, the Government has shown, that at the end of it all, it is the child's interest that is of paramount importance and that no child should be deprived, penalised or robbed of parental love through no fault of theirs. The various leave schemes for both natural and adoptive parents are a welcome one. With that, I thank the Minister for the changes and I support the Bill. 3.14 pm”
“Madam, the Bill is a step in the right direction in recognition that parenthood is a joint responsibility of both fathers and mothers. It also acknowledges the growing role of fathers in smaller nuclear families. The Bill also addresses the perennial concerns of single mothers as it provides needed relief to them. While I fully support the changes to the Bill, I also would like to seek clarifications on the following clauses stated in the Bill. In section 9(8), 12AA, it is stated that employees who are terminated with just cause cease to be entitled to Adoptive Leave, Government Paid Maternity Leave and Government Paid Paternity Leave. Many workers, especially lower income workers, may not know this. If the employer were to dismiss a pregnant employee, should the employer be made to inform MOM as a default, instead of having the employee to lodge the complaint with MOM as these leave entitlements are associated with employment? In other words, can this be done by default? I know this comes under the purview of MOM, but education awareness can be a joint effort of both Ministries. Some unscrupulous employers may find ways and means to shrug off their responsibilities under the Act and resort to easy ways of termination. This issue has been raised and addressed in the past. However, with the slowing economy, more can be done to protect the interest of these working mothers and fathers as well as pregnant women. These issues can be jointly addressed by Page: 59 both Ministries, too. How are the benefits calculated for a woman who was employed or self-employed overseas if at the time of delivery of her child the mentioned woman is a resident in Singapore and ceased to be employed or self-employed overseas?”
“Can the affected individual or customer seek damages against the LCB for the harm done to his or her reputation and the loss of income as a result of inaccurate information provided? A 2015 study released by the Federal Trade Commission found that 23% of customers identified inaccurate information in their credit reports. To what extent are such inaccuracies prevalent in Singapore's credit bureaus? Are customers able to receive a free copy of their credit report from the credit reporting bureaus once a year? This will make it easy for customers to identify and dispute inaccurate information. In the same vein, users of the information for credit, insurance or employment purposes must be responsible for safeguarding the customers' credit information. Madam, I certainly hope that, for a start, LCBs be monitored for compliance and legislation be periodically reviewed to take stock if it has achieved the intended purpose of raising the standards of the LCBs to safeguard and preserve the confidentiality, security and integrity of the customer credit information, and that LCBs institute sound governance in their operations. With this, I strongly support the Bill.”
“Is there any timeframe involved similar to that of the PDPA requirement on organisations for LCBs to provide consumers' credit information data for the past one year, upon request? Second, under section 34(1b), that is, "Duty to maintain security and integrity of data and for members to protect any data received from the LCB by making reasonable security arrangements", what is considered "reasonable"? This can be subjective and may lead to members' own interpretation. Is there any guideline or benchmark set for reasonableness? Third, under section 56, that is, "Authority must cease to be in control of LCB's relevant business when the Authority is satisfied…" What is the recommended maximum timeframe for the Authority to assume control of the LCBs? Will there be closer monitoring of the affected LCBs that were assumed control of by the Authority? Will the public, that is, customers, be notified that the Authority has assumed control and the reasons for having done so? Will the customers' credit information and credit rating data held by the LCBs be protected and secured during this period? What assurance can the customers have on all these matters? Fourth, are employers permitted to check on the job applicant's or employee's credit information from the LCB without the consent of the individual? Do employers fall under the MAS' "approved member list"? If so, are employers required to comply with the standards of safeguarding this information? What if the LCB has provided incorrect credit information of that individual which results in the individual not being able to secure the job or, for that matter, banks rejecting a customer's loan application?”
“Mdm Speaker, I rise in support of the Bill. I believe this Bill, which provides MAS the power to license and supervise credit bureaus that collect customer credit information from banks and other financial institutions, will promote and ensure sustenance of standards for accuracy, fairness and confidentiality of customer information. This can also protect customers against credit bureaus for negligent inclusion of inaccurate information, if any, in their credit reports. Regulating credit bureaus to the standards of developed countries, such as the US and Australia, is, indeed, a timely move. I am heartened to note that MAS conducted public consultations and some of the feedback has been incorporated into the Bill. Subjecting credit bureaus to formal supervision and annual audits by MAS preserves the integrity of the data collected on customers to determine their creditworthiness to facilitate credit assessment and loan decision. This will also ensure no customers are being evaluated incorrectly on their credit assessment, resulting in adverse outcome for the customers and, in some cases, undue inconvenience, hardship and loss of confidence and reputation. Madam, while the Bill provides for regulatory safeguards to preserve the interest of their customers, there are still areas of concerns and clarifications required to be addressed. They are the following. First, under section 17(3b), that is, "Duty to provide access to data", Licensed Credit Bureaus (LCBs) are required to provide consumers with copies of the credit reports at no cost within 30 days, as specified by the Authority. Does this refer to a consumer's full credit history?”
“This condition will not only provide assurance to the voters but gives greater credibility that our highest officeholder has a deep affiliation and stake in Singapore. This condition is important as we see ourselves in a new world of globalisation where Singaporeans are increasingly more mobile and have stakes in various levels in various countries. On the CPA, to vary consequential support for a Parliamentary override based on the differing decision of perhaps only one CPA member may result in more fractious discussions within the CPA and between the CPA and the President. Will the Commission's recommendation accord an unelected CPA member a disproportionate amount of influence? If the Commission's recommendation to accord "greater weight" to the CPA is to be incorporated into the Constitution, will the democratically elected President truly wield "real power" or only when he has the agreement and unwavering support of his appointed advisers? Should the political bodies/figures be allowed to endorse presidential candidates? If they are to be truly non-partisan, would not allowing them to be endorsed defeat the essence of non-partisan spirit? Hypothetically, what if we have a coalition government? Will this model of Elected Presidency and CPA still work? The above questions and clarifications are raised to address the concerns of many Singaporeans of various walks of life. They speak in simplicity but the thinking behind is profound and deep-seated. It is essential for all issues to be raised and made transparent for the good of the society at large, especially the voters, who will decide on the next President next year. Madam, notwithstanding this, I support the Bill.”
“Secondly, we observe a growing number of interracial marriages in Singapore and the Government has also implemented a double-barrelled race identity since 1 January 2011 for Singaporean children born to parents of different races. Hence, in the case of "Chinese-Indian" or "Indian-Chinese", how do we determine the race and whether they would qualify as a minority? Are the considerations too subjective if the following factors are the ones taken into account: (a) how the candidate perceives himself or herself in terms of ethnicity? (b) whether the community perceives him or her as part of the community? These are the two questions that I have experienced. If the issue of ethnicity and ethnic identity is largely a subjective one, would using the "Chinese-Malay-Indian-Others" (CMIO) model still be relevant in today's context? Thirdly, the recommendations include raising the threshold for private sector candidates from senior executives of companies with $100 million in paid-up capital to $500 million in shareholders' equity. I am concerned on the ability of a minority to meet this qualification. With this new recommendation, it may seem that the candidates from the minorities will come from the Public Service, which is not so healthy. We need to ensure that the system is all-encompassing and provides equal and fair opportunities for all qualified individuals. In order to ensure the right person with not only the right qualifications and aptitude for the job stands for election but can we also put in place condition that one must be born in Singapore or has lived in Singapore for a period of time or have assets in Singapore to be eligible to stand for election?”
“Although the data shows that there was an increasing awareness by the public since June 2016 to October 2016, about 37% of those polled are still not following the issue. Moreover, a large number, about one in five, recorded "unsure" on most of the agree/disagree questions conducted by Blackbox Research Pte Ltd for IPS. This shows that a substantial number of the general public are unclear of the proposed changes for the various aspects of the Elected Presidency. In addition, I have also engaged with and heard the many diverse views of my fellow healthcare members. While I acknowledge that we need to review the aspects of the current Elected Presidency to serve our nation, it is essential to address and clarify some of the ground feelings on this issue. In view of time constraint, I shall highlight four concerns that I feel that the public needs a more in-depth explanation. Firstly, some felt that there needs to be more clarity on the criterion on "most Senior Executive". There are usually two arms in a company, namely, the Executive arm and Oversight arm. The Executive arm is led by the chief executive officer and the Oversight arm is led by the chairman of the board of directors. Both have important leadership functions and there needs to be clarification of which role is viewed as the most senior. Moreover, how are the criteria on "most Senior Executive" addressed with regard to a group of companies? For example, a Singapore holding company's CEO may be the most senior, but the company only holds $500 million in investment. The situation may end up in a dormant company's CEO qualifying for the Elected President's criteria. Also, a regional CEO may or may not qualify under the current rules.”
“Mdm Speaker, I would like to thank you for giving me the opportunity to speak on a topic of my interest and also a topic that is close to my heart. First and foremost, I am exceptionally encouraged that the current leadership and the government of the day are placing great efforts to address the issue of the future. It is vital that the Government attempt to address not only the current issues that the Republic is grappling with but also the issues that the nation may face in the near future. A nine-member Constitutional Commission was appointed by the Prime Minister earlier this year in February to review three aspects of the Elected Presidency. Upon the release of the Commission's report, the Government has subsequently in September issued a White Paper in response to the Constitutional Commission's report. The changes to the Elected Presidency are essential and timely to ensure that the existing political system in Singapore continues to serve the needs of the nation. As an ethnic minority, I acknowledge that the racial and religious differences as well as their influence on voting preferences continue to exist in our society. In other words, we cannot deny the fact that each of us is different because of the diverse cultures while we embrace ourselves as a multi-ethnic nation. Therefore, it is important that the Government ensure that the political system continues to serve and meet the necessities of the diverse population, ensuring that no minority groups are left behind, so as to build an inclusive society. A study from the Institute of Policy Studies (IPS) shows that the general public is uncertain about several aspects of the Elected Presidency reforms.”
“I thank the Minister of State. Madam, just a supplementary question. Are there further strategies that we can embrace to ensure that older workers, especially the female cohort, could work longer in the workplace because it is important that they have sufficient savings, especially those low-wage workers and those who are middle income? They need to continue with their employment. The second supplementary question is: while the retirement and re-employment age has been raised to 67 by next year, in the meantime, what are the measures that we can take to ensure that these older workers will continue remaining in their employment, before this legislation is enacted?”
“Madam, just one more question for the Minister of State. I hope that he would seriously take into consideration this request because, during our dialogue session with our union members, they actually appealed for a Police Post to be set up in IMH itself. We are not looking at all the other hospitals but in particular IMH, because there are high incidences of abuses by the residents there as well as the public. So, we need to protect and safeguard the interests of these healthcare workers within the premise of IMH, I hope certainly the Minister of State would take this request seriously.”
“Madam, just a clarification. The IMH staff have to report to the Police, but the Police Post is far away from the hospital. The inconvenience has put off some people from reporting to the Police. In the past, there had been a Police Post within the hospitals, and they do the so-called procedural processes. So, can this be effected in IMH to safeguard the interests of the workers who have been already abused and yet have to travel by public transport to report the case?”
“Madam, I have a follow-up question. With regard to tertiary education students, when they go on an attachment, is there some form of attachment to organisation that values tripartism, so that they can have first-hand experience of tripartism and how it works?”
“Madam, I have two questions. Will the Ministry consider having a preparatory programme for this group of overseas graduates to be well in sync with the system of healthcare and also the demands of the curriculum? The second question is: even if there is no preparatory programme offered by any university, could the Ministry consider giving these people an opportunity to be attached to the hospitals to be observers?”
“Madam, I would like to thank the Minister for the reply. I just wish to clarify the point on whether some of the programmes for upgrading, especially in the health profession, can be made modular. Because there are people who find it difficult to go on full-time study with so many other commitments, although they are under the Professional Conversion Programme, and whether modular aspects of a training programme, some form of bridging can be considered.”
“Yes, I am sorry. So, I think we should do more and we need to have a concerted effort to educate and create awareness, both to the employees as well as employers. Unions are already educated.”
“I just wish to again clarify with the Minister that in unionised companies, unions keep putting in effort to ensure that employers embrace portability through contributions to MediSave, but the concern is that there are many un-unionised companies. I also understand that there is a gap of understanding. MediShield Life has been very pervasive and people do understand what MediShield Life is. However, the part about portability, the contribution by employers to MediSave, it is that part that we need to create more awareness of. We need to ensure that people also know the advantage of having the money in MediSave, as it can earn interest, it is long term, it is portable and it grows.”
“I thank the Minister for the reply. I just wish to clarify with a supplementary question. Since the take-up rate is rather slow, about 4%, is there something more that we can do to entice employers to contribute more to MediSave? The second point I would like to make is that benefits, besides being extended to the individual employee, employers do extend some benefits to their family members. Thus, I wish to ask whether there can be some other incentives to allow employers to contribute to the immediate family members of the employee's family.”
“Madam, section 67C seems to suggest that the Board may impose a financial penalty on medical institutions and approved insurers on wrong and unauthorised claims or when they do not comply with audits. The question is: how could we ensure that employees of such institutions and insurers are given the right understanding and training on the development of schemes, amidst the other schemes provided for the different classes of members? Even if the penalty is imposed on the institution, there must be safeguards to ensure that financial penalty should not be passed down to the employees who have committed the error. Mdm Speaker, notwithstanding these concerns and questions, I still stand in support of the Bill. 4.52 pm”
“Mdm Speaker, I stand in support of the Bill. CPF is a compulsory comprehensive savings plan for working Singaporeans primarily to fund retirement, healthcare and housing needs. It has been a pivotal and integral part of our lives' financial sustainability. Continuous enhancements of the CPF Act only prove the point that we need to stay relevant to the needs and aspirations of Singaporeans with changing times and evolving lifestyles. Section 14, subsection 3A to 3D, and section 14, subsection 4A provide wide-ranging powers to the Board to recover cash grants or payments which were paid in error to the person's account. I have the following concerns. Page: 55 What are the safeguards to ensure that the recovery of payment or grant paid in error is also not erroneously done as no legal proceedings can be instituted on such recovery? Will the individual or the next-of-kin be allowed an avenue to raise their objections and provide further evidence that it is not the case? Madam, the new section 18D states that the Board may, on the application of a member and subject to such terms and conditions as the Board may impose, permit the member to transfer the whole or part of the amount standing to the credit of the member in either or both of the member's Ordinary Account and Special Account to the MediSave account of any person who is related to the member in a manner specified by the Board. I have two questions in relation to this clause. Who are the related persons that a member can transfer money from his/her Ordinary Account to? What are the bases/circumstances to allow a member to transfer the whole or part of the amount in this Ordinary Account? While making allowance for flexibility, how does MOM ensure that his/her retirement adequacy is not compromised?”
“Does the Bill also cover online selling or consumer-to-consumer transactions, such as Carousell shopping? Does this Bill cover e-commerce retail businesses and purchases? Will the third party or middleman facilitating the sale be liable if the consumer complains? Examples of such middlemen include 65daigou, ezbuy, Qoo10 and Shopee, who buy and sell on mobile. I would like to call for solid efforts and actions to empower consumers and for them to know their consumer rights and also for businesses to act responsibly with three suggestions. First, consumers to be able to call a hotline number to report immediately should they experience any unfair consumer trading practices which they manage to avoid or even potential acts which they hear of so that the administering agent can record and investigate on this matter, especially when the number of alerts for the same retailer shows a rising trend. Second, retailers under injunction should be made to go for awareness programmes to know their "do"s and "don't"s or ethics of sales of goods or services to consumers. For that matter, even before a company is registered, this must be made compulsory. This acts as prevention, in addition to deterrent measures. In the programme, we must reinforce the positive, too, and make them realise that fair trading practices will enhance their business reputation and help sustain their business. Third, we should clearly and visibly label retailers under injunction so that consumers especially tourists, are aware and will not fall into any follies. Mr Deputy Speaker, notwithstanding these, I support the Bill.”
“Two, regulations, section 20(2)(c), on controlling or prohibiting any practice in relation to any consumer transaction. If the errant owner starts a similar business with the same wrongful tactic, does section 20(2)(c) include a restriction based on the registered owner of business or supplier? If the errant owner embarks in other businesses applying the same wrongful tactics, is the said section applied to other businesses of the same registered owner? Three, section 6, consumer's right to sue for unfair practices. Will there be stronger deterrence for unfair sales practices? The current amount of claim is capped at $30,000 for those who seek CASE mediation. I suggest this limit to be reviewed and raised in tandem, especially when the cost of goods is increasing over time. Four, perishables and consumables are covered, with the presumption that defects reported within six months existing at the point of delivery will only apply up to the normal shelf life of the perishable or consumable, if the shelf life is less than six months. What happens if the consumer consumes or partially consumes the goods? The recent petition for refund for Jay Chou concert tickets due to poor sound quality is one such example. If an individual was to lodge a complaint against the concert organiser, is the Act applicable? Five, CASE statistics showed that the complaints filed on online transactions were 159 last year, compared to 146 in 2014. There is an increasing number of online transactions, including the rise of online service providers, such as Deliveroo, Foodpanda and so on. Is the Bill applicable to complaints against online service providers, such as Deliveroo and Foodpanda food delivery and so on? Does the Bill apply to multi-level marketing?”
“Likewise, I would urge that any review and changes to the consumer laws should raise consumers' awareness of errant retailers as to who they are and where they are located so as to protect consumers' interests, especially against such errant retailers who persists in unfair trading practices and continue to violate the injunction orders. The key amendments to the Bill, that is, to appoint SPRING Singapore as the administering agency with investigation and enforcement powers to gather evidence and file injunction applications with the Courts against errant retailers and to introduce additional measures which may be imposed by the Courts on errant businesses are a welcome move as Singapore prides itself to be a popular tourism destination. However, I would like to seek five clarifications on the Bill. Explanation of the following, "retailer charging a price for goods or services that is substantially higher than an estimate provided to the consumer, except where a consumer has agreed to a higher price in advance". What if the retailer is charging a much higher price due to quality of service or something else? What if a consumer has agreed to purchase under undue pressure or coercion as he/she perceives it to be? Can the affected consumer raise this to be an unfair sales tactic employed by the retailer? In this aspect, consumers, especially from a vulnerable group, must be protected and understand what difference in quality means. The affected consumers, who may be the complainants, must be educated on the consumers' rights and protection and how they can potentially prevent this from recurring. Retailers under injunction, too, must be made to attend compulsory retailing ethics sessions.”
“Mr Deputy Speaker, consumer protection is essential especially in today's context where there are many issues and challenges that consumers face from errant retailers who prey upon gullible or vulnerable consumers with a lack of knowledge of the product, quality and price at which it is sold in the marketplace or perhaps forcefully persuaded to make such purchases. Importantly, there must be effort to empower consumers by creating awareness and educating them on how consumers can potentially fall for the gimmicks of unscrupulous retailers, even though such retailers may be far and few in numbers. We need to ensure the rights of the consumers are preserved and the principles of fair trade are embraced by retailers and also those in the e-commerce businesses. Sim Lim Square, Lucky Plaza and People's Park Complex are some places well-known for all the wrong reasons where consumers, both locals and tourists, had had distasteful experiences in purchases. While we take precautions to protect those consumers from retailers who mislead or misrepresent information pertaining to the products, equal efforts should be made to protect the interests of consumers who make their purchases both in person, through third party or electronically as our e-commerce trading is also growing fast in this highly connected place. It is important that we assure both locals and tourists that the products they buy are of good quality, improving the image of Singapore as a "shoppers' paradise" and not "shoppers' nightmare". For instance, the introduction of lemon laws protects consumers against defective goods that fail to conform to contract or meet satisfactory quality or performance standards at the time of purchase for a specified duration of time.”
“Madam, I have a supplementary question for the Minister. I would like to seek clarification, when companies retrench, is it compulsory for companies to notify MOM? If it is not, can we make it compulsory for them to notify so that we know the exact statistics and do something about it if non-payment is made?”
“Sir, I have just one clarification. Section 10 of the Bill seems to be silent on the contents of the record of the tribunal and whether parties are entitled to a copy of the records. Will the decision of the ECT be made available to the parties in written form?”
“The Regulations in section 34 of the Bill leaves this question open. As much of the evidence that employees need to prove their claim would often be in the hands of employers, can the tribunal draw an adverse inference where the employer is not forthcoming with that information so as to facilitate access to evidence? Section 10 of the Bill seems to be silent on the contents of the record of the tribunal and whether parties are entitled to a copy of this record. It seems a stark contrast to section 13(2) of the Small Claims Tribunals Act, where another Court under the same cluster which the ECT will be in, which expressly fleshes out the above. Is there a reason for this? Should the Bill go even further than section 13(2) of the Small Claims Tribunal Act and require written reasons for decisions? Can non-monetary claims, such as unfair dismissal, discrimination, be included within the ambit of the ECT in future or are the alternative avenues at present sufficient? Madam, with these clarifications raised, I still strongly support the Bill.”
“Can the claimant file for separate proceedings if he or she has multiple claims of different forms? For example, if claimant has already filed for a case on his overtime pay for a few thousand dollars, will he be able to file for another hearing for his bonus payment? I hope this can be done. What happens if there is a deadlock during the ECT proceedings or parties disagree with the decision of the tribunal? Is appeal to High Court through section 23 the only available route? Can a union member, on the advice of the union, proceed further to IAC instead? The tribunal magistrates, who are specialised in this process, do they have any experience on labour matters? If not, will this be a concern and how will it be addressed? Time bar for employer's claims. In most cases of employees making claims, there is a time bar to the extent of their claims whereas, in the case of employers making recovery of overpayments, there is no similar time bar imposed. Does this time bar apply to both employers and employees making similar claims, for example short payment or over payment of overtime pay? What happens if the ECT orders a company to pay up to the three months' pay, but thereafter the company refuses, how should the claimant proceed? Under the Administration of Justice Bill, which was passed last night, this would be an act of contempt of Court. Will the company be liable and subject to penalty or will the tribunal demand for the payment to be made good by the employer, such as in the form of instalment payment or payment recovered by Writ of Seizure and Page: 88 Sale of Asset? The other clarifications I would like to make is: will the ECT address claims under the Employment of Foreign Manpower Act? If not, why not?”
“Section 5(1)c states that a claimant "cannot be represented by an agent, whether paid or otherwise" in the ECT mediation process; and section 34(1)(d) states that "the Minister may make regulations to exempt any person or class of persons from all or any of the provisions of this Act, either generally or in a particular case". The question I would like to ask the Minister is: will all cases be referred to the ECT mediation process, regardless of whether the claimant is a union member or not? If yes, will all unions then have to go through exemptions ordered by the Minister in order to represent our members at the mediation stage? In terms of representation at the tribunal under section 18, section 34(1)(d) does not apply, that is, the Minister may not order for exemption to allow for union representation at the tribunal. However, earlier, the Minister did mention that unions can represent members at the tribunal. However, the Bill does not state this clearly, so I hope there is more clarity to this. Claim limits. According to section 12(7), there are set limits on the claims, but the exact amount is silent in the Bill. Section 14 states that "a claim cannot be divided and pursued in separate proceedings before a tribunal if the only reason for doing so is to bring the total amount alleged to be payable in each of those proceedings within the jurisdiction of a tribunal", while section 15 gives claimants the option to abandon the part of the claim that exceeds the set limit so that they can be eligible for hearing at the tribunal. The question is: how was the limit set and why was there a limit in the first place? If the limit is not specified in the Bill, does it mean that it can be varied? How will the limits be made known?”
“Mdm Speaker, I rise in support of the Bill. The working people of Singapore regardless of nationality, type of job, union membership, age or gender, require a channel for fair and just hearing and judgment that calls for social justice. It is, indeed, timely that our workers be provided with an inclusive, accessible, expeditious and fair trial for employment claim matters for any specified employment dispute concerning the recovery of salary, re-employment or where an employment relationship has ceased. In this way, workers in non-unionised industry sectors will largely benefit from this tribunal. However, I have a few clarifications to raise and hope the Minister will provide further clarity. In order to allow for a mediation process as the first line of amicable settlement, the mediation proceeding is seen to be set as a precursor before one proceeds to the ECT at the discretion of the Commissioner. The mediation process must be encouraged and supported for a win-win outcome. There are presently various different mediation routes to cater for various distinct classes of workers, as mentioned earlier by the Minister. MOM's mediation service for employees covered Page: 87 under the EA is one. The second is TMF covered under the IRA for employees who are union members working in non-unionised companies. And the third is MOM's conciliation service for unions and unionised companies as per provision under the IRA. However, the Bill could have been made clearer as to how mediation through TMF should proceed in the ECT. Allow me to elaborate.”
“Madam, my hope and desire for each and every working person of Singapore is for them to be ever relevant with skills, walk the talk of lifelong learning and succeed through the test of times as the next wave of industrial and technological evolution sets in to prey upon us if we are left unguarded. Let us be well-informed of what the future skills, jobs and careers are that we can look forward to and equip ourselves to be nimble and adaptable and ever ready to embrace change and brave the challenges of time. Madam, with this, I fully support the Bill.”
“Of late, there is also grave concern with private education and training providers. Especially with the announcement of SkillsFuture Credit, these providers sprung into action to provide varied courses and training programmes. How can we then ensure high teaching standards of our private institutions and how do they measure up? How applicable and credible are these private institutions? How do we ensure the standards of teachers and trainers at the private institutions, and maybe even lecturers and teaching assistants at polytechnics and universities? How can we help to facilitate the development of the private education sector, which is very important? In my opinion, there must be a concerted effort to maintain standards and help level up the capabilities of these institutions. On the need for gatekeeping of SkillsFuture Credit, perhaps, we should have more independent career coaches who do not have vested interests in the courses provided by their own companies. This will go towards helping people make better informed decisions. Can licensing bodies and industry players play a greater role in the approval of courses listed in the Approved List of Courses? What are the financial incentives offered by SSG to the working people and training providers? Will there be abuse of such incentives? For example, the $4 hourly allowance given to working people for attending courses may attract interest on the wrong track. On the composition of SSG members, does this cover all industry sectors? For this will ensure employers' full-hearted participation to upskill and deepskill the existing workforce. Workers, too, must do their part to gradually get used to the idea of continuous learning.”
“It needs all parties, not limited to the Government, but employers, associations, licensing bodies and unions, to commit to come together to ensure employability of our people so as to meet the needs of our economy. SkillsFuture Credit given to each Singaporean is certainly a booster for individuals to come into the movement. Having said that, is there a concerted effort to make sure that there is skill mastery that can match the current, emerging and future needs of our economy? The Skills movement, if it is much desired, needs to gain momentum and can the Government go beyond promoting public awareness and encourage enthusiasm for lifelong learning? And how will it do so? Support for apprenticeship. In regard to the support for apprenticeship model, can the industry players play a greater role in supporting apprenticeship and on-the-job training that is applicable and transferrable within and out of the industry? How can we help change the mindset that focuses on academic qualifications over applied industry skills and knowledge that are trialled and tested? How can we harmonise and synergise these? Page: 61 On the roles of unions and licensing bodies, what roles do the unions and licensing bodies for certain professions play in the development of the SkillsFuture models and frameworks? I do not see that being emphasised in the framework. Can the licensing bodies play a bigger role in accreditation and certification? Can the union, that is, union leaders and its members who are themselves experienced working people in various industry sectors, including PMEs, take on the role of career counsellors for the young? Can the Minister consider an active involvement of the unions with the young but soon-to-be working people?”
“Mdm Speaker, I welcome the Bill with enthusiasm as it places important emphasis on adult education and relevance of skills for the current, emerging and future needs of the Singapore workforce and acts with responsiveness to the needs of the companies and employers for a skilled workforce in relevant areas and sectors. The young should learn skills and acquire knowledge in careers or jobs which they desire and must long to deepen their skills. And those in employment or are retrenched should be given an opportunity to develop in new industries with suitable relevant skills. As what Peter Senge said, one must be willing to "learn, unlearn and relearn" and to add more, be willing to embrace lifelong learning as this is the part that we savour as Singapore's deoxyribonucleic acid (DNA) for the workforce of today and tomorrow and for years to come. An article by Minister Ong Ye Kung published on The Straits Times website on 21 April 2016 eloquently explains that "SkillsFuture is about three big ideas", more appropriately known as a movement instead of just a scheme, as it encompasses the three "M"s. The first "M" is me or ourselves. We should be chasing after what we are interested in and what we are talented in or what we are prepared to devote our life to in order to become a master at it. "Mastery" means being a master at one's craft. It involves continuous learning and being at the top of the game or craft. And the third "M" is "Meritocracy" which means recognising a person for being good at what he is doing. Madam, I sincerely hope that SSG can be pivotal in encouraging and supporting a SkillsFuture movement, that is, a journey in itself that needs to complement our education system.”
“In the Bill, it is stated that the curb is only lifted when the Court proceedings have concluded, such as after an appeal has been heard or concluded. Some cases take more than a year to conclude and, if this is so, does it mean that a person or netizens can only comment on the case strictly after the case is concluded? If there is a genuine complaint against the judge while the case is proceeding, is there any other channel available to raise this concern or to deal with it? Though clause 16 provides for channels of complaints to the Chief Justice, Police and other enforcement agencies, are these the only available channels? Lastly, to provide clarity on the scope of this law for the public, that is, the people, it is important that the people have to be made aware and be educated so that they may act more responsibly and be accountable for what they comment on and not fall foul of contempt of Court.”
“Mdm Speaker, I am, in principle, supportive of the Administration of Justice Bill. Any effort to raise the public's confidence in our judicial system and Court proceedings as well as to ensure individual responsibility and accountability for remarks made through publications or any other avenues to scandalise any party/individual is very much supported. Having a consolidated piece of written law that sets out the consequences of not obeying Court orders will make people sit up and take Court orders more seriously. I am also heartened that for employees, claims against their employers in the soon to be instituted Employment Claims Tribunal will also have to be taken seriously with these changes. The question is: will the same treatment apply to Industrial Arbitration Court orders? For those caught in matrimonial disputes, this Bill safeguards the interests of the aggrieved party where a judgment has been passed in favour of them against those tardy spouses who disobey Court orders, such as refusing to pay maintenance in the sum of money ordered by the Court. Part 4 of the Bill spells out what does not constitute contempt of Court. These include fair and accurate reporting of Court proceedings or disobeying Court order due to the honest and reasonable failure to understand the obligations under the Court order. Should the AG act in discretion of the law, how will this discretion be exercised and is it too wide-ranging a discretion? What constitutes fair and accurate reporting? Does it leave too much room for interpretation? What is meant by good faith? How to prove if the motives are proper or improper? When can a person comment on a case if it is not concluded and if at all a person can do so, even if there is validity in his grounds to raise concern?”
“Sure, Madam. On healthy living and preventive health, could I check with the Minister if there are any plans to roll out the holistic electronic health record of a Singaporean from birth to school, work and through retirement in a holistic way? The second clarification is on promoting healthy eating habits. How can we help low-wage and vulnerable workers eat healthily, to have better healthy options for choice, if the cost of healthy choice options is rather high at workplaces or in industry sectors? The third clarification is whether the Minister would consider reviewing the MediSave withdrawal limit, especially on flexi-MediSave capped at $200, so that those affected patients who are seeking specialist treatment can better manage their chronic disease or illness. 3.30 pm Lastly, would MOH revive or further explore the possibility of a portable medical benefits scheme which employers can offer workers in the early stage of employment so that workers can carry with them the medical benefit plan even if they were to be retrenched or lose their jobs?”
“Alternatively, MOH could regularly review the list of non-standard drugs to standard drugs to bring down the costs of medication. Long-term healthcare models in Nordic countries focus on home-care, rather than on hospital-based care for the sick elderly. With reference to this, I would like to ask the Minister if there are plans to study further on these models. Manpower Challenges Assoc Prof Fatimah Lateef: Madam, I know MOH is proactively looking at manpower ratios and numbers. We have also now got three medical schools, but the output of doctors will, of course, take time due to training duration. In the various sectors, such as acute and ILTC care, there is an ongoing demand for staffing. I would also go on to say that we have manpower deficits in many departments across many disciplines. Even with our residency programmes, aligning with the US' Accreditation Council for Graduate Medical Education (ACGME) guidelines, we do always have to grapple with explaining our heavy patient load to our site visitor every accreditation year. Our doctor-to-patient ratio quoted seems to fall within the global range given, as in a previous response to our Parliamentary Questions. But when it comes to work on the shop floor, we are really, really, very busy and very heavily loaded. With the newer institutions being built and the opening of their doors, the manpower competition is from the same central pool and, thus, it is the same warm bodies that we are competing for. And in healthcare, Madam, the words automation, value chain, productivity and quality will have to take a customised definition. What plans and framework does MOH have to handle this manpower situation? Manpower for Intermediate and Long-term Care (ILTC) Sector”
“To promote FWAs, the Government introduced the Work-Life Grant which provides funding and incentives for companies. As the demand for the healthcare sector rises, more needs to be done to encourage the public healthcare sector to make FWAs more pervasive across all institutions and all job types. At the same time, there is a need to comply with the legislation and tripartite guidelines. We could share more stories and examples of staff who have successfully converted to FWAs. Increasingly, healthcare workers are facing more challenges to switch to FWAs due to higher expectations and demands at work. FWAs should be one that supports a pro-family environment and staff who decide to request for FWAs should also be accorded an equal level of recognition and opportunity for the work they produce. Whilst the need of the organisation needs to be fulfilled, many are struggling to cope with caring for their families. We need to help them so that they can continue to work and contribute meaningfully to care for our patients. I would like to touch on the review of the MediSave withdrawal limit. The Chronic Disease Management Programme was first introduced in October 2006 to reduce out-of-pocket cash payment for outpatient bills. It now covers 19 disease conditions. I would like to propose a review of the current MediSave withdrawal limit, especially to help those below 65 years of age, in view of the high costs of medications for managing these chronic diseases. This is particularly critical for those who need advanced care and are treated with non-standard drugs. During this volatile economic period, many of the mature workers are concerned about the uncertainty of their continuous employment and therefore the fear of losing their employers' medical benefit.”