• About Us
    • Fact Checking Policy
    • Ownership & funding information
    • Volunteer
  • Subscribe
  • Letter submission
    • Submissions Policy
  • Contact Us
The Online Citizen Asia
  • Opinion
    • Editorial
    • Commentaries
    • Letters
    • Comments
  • Current Affairs
    • Singapore
    • Malaysia
    • Indonesia
    • China
    • ASEAN
    • Asia
    • International
  • Finance
    • Economics
    • Labour
    • Property
    • Business
  • Community
    • Arts & Culture
    • Consumer Watch
    • NGO
    • Lifestyle
    • Travel
  • Politics
    • Civil Society
    • Parliament
    • Transport
    • Education
    • Environment
    • Health
    • Housing
  • Law & Order
    • Legislation
    • Court Cases
No Result
View All Result
  • Opinion
    • Editorial
    • Commentaries
    • Letters
    • Comments
  • Current Affairs
    • Singapore
    • Malaysia
    • Indonesia
    • China
    • ASEAN
    • Asia
    • International
  • Finance
    • Economics
    • Labour
    • Property
    • Business
  • Community
    • Arts & Culture
    • Consumer Watch
    • NGO
    • Lifestyle
    • Travel
  • Politics
    • Civil Society
    • Parliament
    • Transport
    • Education
    • Environment
    • Health
    • Housing
  • Law & Order
    • Legislation
    • Court Cases
No Result
View All Result
The Online Citizen Asia
No Result
View All Result

High Court victory sets precedent for migrant workers’ rights

by onlinecitizen
21/11/2017
in Civil Society, Labour
Reading Time: 3 mins read
0

Chinese worker Liu Huaixi challenged the Ministry of Manpower’s decision to allow the employer to pay him less than promised

by Humanitarian Organization for Migration Economics

Imagine paying thousands of dollars to land a job with a faraway employer you’ve never met or signed a contract with. That’s an unavoidable reality for many low wage migrant workers. Often, prior to arrival, the only assurance they have about the employer, job type and salary is their In-Principle Approval letter (IPA). The IPA is issued by the Ministry of Manpower (MOM) based on the employer’s application. It serves as the worker’s entry visa.

More crucially, from the worker’s perspective, the IPA may be the only evidence of the employment terms they had agreed to, especially in the absence of a contract. The IPA’s importance is recognised in the law, which provides that the worker’s wages cannot be lowered from the IPA figure unless the worker gives prior written consent and MOM is notified. In practice, these safeguards are widely ignored.

The legislative intent of the IPA is quite clear, as evidenced by an extract of this speech delivered by the then Minister of Manpower, Mr Tan Chuan-Jin:

MOM has also put in place measures to ensure that foreign workers are kept informed on their salary components prior to entering Singapore. Since June 2011, employers have been required to declare the foreign worker’s basic monthly salary, allowances and deductions when making their Work Permit applications. These declarations are clearly stated in the copy of the In-Principle Approval (IPA) letter that Work Permit holders are required to present to immigration officers to gain entry into Singapore. To further ensure that Work Permit holders understand their employment terms, we have provided IPA letters in native languages for foreign workers and will be doing so this year for foreign domestic workers

Even though the intent is to ensure workers are “kept informed” of how much they are paid, there are no safeguards to ensure that they are paid according to what is promised. MOM officers handling disputes routinely allow employers to underpay them. Last year HOME saw 116 cases in which salaries paid to workers were different to what was declared in the IPA letter. Workers who suffered underpayment for months, in fear of losing the job which cost them so much, and with no real option of speaking up, would find their forbearance and tolerance used as evidence against them.

As unfair as this principle was, appealing against decisions of MOM officers (sitting as the ‘Labour Court’) is so costly and arduous that it was not until late 2016 that this was challenged in the High Court by Liu Huaixi with the support of HOME.

Ms Sharleen Eio of TSMP Law, who acted for Liu pro bono, relied on the law’s implicit acknowledgement of the IPA’s significance. The senior High Court Judge who heard Liu’s appeal, Justice Lee Seiu Kin, called this “a nuclear-bomb argument”. He dismissed the employer’s argument (which was also MOM’s view) that Liu had accepted the lower salary by continuing to work for two years.

For cases where the amounts disputed are small, usually written judgment would not be issued. But recognising the significance and public interest of his decision, Justice Lee published written reasons last week. This judgment is just one more step in ensuring fairer outcomes in salary claims.

But significant gaps remain: not least, employers’ de facto power to force workers into accepting lower salary. This is allowed by current regulations as long as the worker signs an agreement and the Ministry of Manpower is informed. The Ministry is not required to investigate an employer’s decision to pay a worker less after he or she has arrived. This leaves it open to abuse. Workers indubitably find it difficult to object as they have little bargaining power. Justice Lee in the judgment also acknowledges the weakness of the current system:

Indeed, I would go so far as to state that even if there was a written contract of employment which provides for a monthly basic salary of less than the sum stated in the IPA, the burden would lie on the employer to show why the IPA figure does not reflect the true salary.

Let’s hope the Ministry takes heed.

This article was first published at Humanitarian Organization for Migration Economics’s blog and reproduced with permission.

For just US$7.50 a month, sign up as a subscriber on The Online Citizen Asia (and enjoy ads-free experience on our site) to support our mission to transform TOC into an alternative mainstream press.

Related Posts

LTA revises ERP rates up after latest review; Gantries reach as high as S$5 for 8:30am – 9:00am
Singapore

LTA revises ERP rates up after latest review; Gantries reach as high as S$5 for 8:30am – 9:00am

07/02/2023
Stern warnings was an “in-between” solution as CPIB lacks sufficient evidence to prosecute six former KOM executives for bribery, said Indranee Rajah
Parliament

Stern warnings was an “in-between” solution as CPIB lacks sufficient evidence to prosecute six former KOM executives for bribery, said Indranee Rajah

06/02/2023
19-year-old delivery rider in China covers 5km in 22 minutes to deliver antivenom to woman who had bitten by snake
China

19-year-old delivery rider in China covers 5km in 22 minutes to deliver antivenom to woman who had bitten by snake

06/02/2023
Why is Gautam Adani’s Indian empire in turmoil?
AFP

Adani shares dive again as Indian opposition stages demos

06/02/2023
Josephine Teo defends SPH Media Trust in Parliament on its circulation scandal; Commitment of S$900 million funding will still be made available
Singapore

Josephine Teo defends SPH Media Trust in Parliament on its circulation scandal; Commitment of S$900 million funding will still be made available

06/02/2023
Japanese-Canadian junior high school girl breaks national record with 3km in 9:02 mins
Japan

“I want my normal life back,” Sherry Drury withdraws from National Junior High School Tournament due to overheated public attention

06/02/2023
Subscribe
Connect withD
Login
I allow to create an account
When you login first time using a Social Login button, we collect your account public profile information shared by Social Login provider, based on your privacy settings. We also get your email address to automatically create an account for you in our website. Once your account is created, you'll be logged-in to this account.
DisagreeAgree
Notify of
Connect withD
I allow to create an account
When you login first time using a Social Login button, we collect your account public profile information shared by Social Login provider, based on your privacy settings. We also get your email address to automatically create an account for you in our website. Once your account is created, you'll be logged-in to this account.
DisagreeAgree
0 Comments
Inline Feedbacks
View all comments

Latest posts

LTA revises ERP rates up after latest review; Gantries reach as high as S$5 for 8:30am – 9:00am

LTA revises ERP rates up after latest review; Gantries reach as high as S$5 for 8:30am – 9:00am

07/02/2023
Stern warnings was an “in-between” solution as CPIB lacks sufficient evidence to prosecute six former KOM executives for bribery, said Indranee Rajah

Stern warnings was an “in-between” solution as CPIB lacks sufficient evidence to prosecute six former KOM executives for bribery, said Indranee Rajah

06/02/2023
19-year-old delivery rider in China covers 5km in 22 minutes to deliver antivenom to woman who had bitten by snake

19-year-old delivery rider in China covers 5km in 22 minutes to deliver antivenom to woman who had bitten by snake

06/02/2023
Why is Gautam Adani’s Indian empire in turmoil?

Adani shares dive again as Indian opposition stages demos

06/02/2023
Josephine Teo defends SPH Media Trust in Parliament on its circulation scandal; Commitment of S$900 million funding will still be made available

Josephine Teo defends SPH Media Trust in Parliament on its circulation scandal; Commitment of S$900 million funding will still be made available

06/02/2023
Japanese-Canadian junior high school girl breaks national record with 3km in 9:02 mins

“I want my normal life back,” Sherry Drury withdraws from National Junior High School Tournament due to overheated public attention

06/02/2023
FY2023 Budget Statement to be delivered by Lawrence Wong on 14 Feb, 3.30pm

FY2023 Budget Statement to be delivered by Lawrence Wong on 14 Feb, 3.30pm

06/02/2023

Scholar, lawmakers and journalist among Hong Kongers on trial

06/02/2023

Trending posts

Former Singaporean shares change of life in Australia with annual pay of S$80,000 as a plumber

Former Singaporean shares change of life in Australia with annual pay of S$80,000 as a plumber

by Yee Loon
30/01/2023
25

...

Cognizant India transfers staff to work in Singapore as recently as this year

Local IT grads can’t find jobs while engineers constantly transferred from India to work in SG under CECA

by Correspondent
05/02/2023
94

...

They have done a fine job of confusing us about the jobs situation

They have done a fine job of confusing us about the jobs situation

by Augustine Low
01/02/2023
47

...

Adani’s brother runs SG company and registers as director with local ID

Adani’s brother runs SG company and registers as director with local ID

by Correspondent
03/02/2023
26

...

No response from Josephine Teo on whether Mediacorp has been instructed to stop coverage of SMT circulation scandal

No response from Josephine Teo over alleged blackout of coverage by Mediacorp over SMT circulation scandal

by Terry Xu
06/02/2023
11

...

Excessively charging for an essential need, and calling it affordable because people still can pay for it?

by Terry Xu
31/01/2023
40

...

November 2017
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
27282930  
« Oct   Dec »

The Online Citizen is a regional online publication based in Taiwan and formerly Singapore’s longest-running independent online media platform.

Navigation

  • Editorial
  • Commentaries
  • Opinion
  • Politics
  • Community

Support

  • Contact Us
  • Letter submission
  • Membership subscription

Follow Us

  • Facebook
  • Twitter
  • YouTube
  • Instagram
  • Fact Checking Policy
  • Privacy Policy

© 2022 - 2023 The Online Citizen Asia

No Result
View All Result
  • Opinion
    • Editorial
    • Commentaries
    • Comments
  • Current Affairs
    • Malaysia
    • Indonesia
    • China
    • ASEAN
    • Asia
    • International
  • Finance
    • Economics
    • Labour
    • Property
    • Business
  • Community
    • Civil Society
    • Arts & Culture
    • Consumer Watch
    • NGO
  • Politics
    • Parliament
    • Transport
    • Education
    • Environment
    • Health
    • Housing
  • Law & Order
    • Legislation
    • Court Cases
  • Lifestyle
    • Travel
  • Subscribers login

© 2022 - 2023 The Online Citizen Asia

wpDiscuz