The Ministry of Manpower (MOM) will review its punishment framework and will take action against employers whose domestic workers are illegally deployed, regardless of whether the employers themselves are aware of the illegal deployment.
Minister of State for Manpower Gan Siow Huang told the Parliament on Monday (Oct. 5), as she responded to a question posed by Member of Parliament for Pasir Ris-Punggol GRC Yeo Wan Ling.
What are the considerations when taking action against employers?
Yeo asked what considerations were behind punitive actions taken against the high profile case of former Changi Airport Group chairman Liew Mun Leong for illegally deploying his domestic worker Parti Liyani to work at Liew's son Karl's home and office.
A total of 14 questions pertaining to Parti's case were filed by different MPs.
Gan replied to Yeo's question, saying that the MOM handled Parti's case in accordance with MOM's key considerations when deciding on punitive actions for illegal deployment:
- The degree to which the well-being of the Foreign Domestic Worker has been compromised
- The extent of the illegal deployment.
In a statement on Sep. 6, MOM said that Parti had made a report in October 2017 of being illegally deployed by Liew's wife, Ng Lai Peng, to work at the younger Liew's home between September and October 2016, as well as to his office around 2012 and 2013.
The Ministry investigated her complaint and found that Ng had deployed her to the younger Liew's house and office on different occasions.
Ng given a caution and Karl Liew given advisory notice
In her response in Parliament on Oct. 5, Gan repeated the previously-announced information, that at the conclusion of MOM's investigations in May 2018 — which were done in consultation with the Attorney-General’s Chambers (AGC) — Ng was issued a caution, while the younger Liew was given an advisory notice.
In a press release in response to media queries on Sep. 8, MOM explained that employers are issued with an advisory notice in cases in which the illegal deployment "is not conclusively substantiated".
The advisory notice serves to "remind them of their legal obligations under the Employment of Foreign Manpower Act (EFMA) and the Employment of Foreign Manpower Regulations (EFMR)".
Meanwhile, a caution is comparable to a stern warning by the police, and is issued when MOM establishes that the illegal deployment is infrequent or took place over a short period of time.
"The Caution sends a strong message to employers that they must comply with the law or face stronger enforcement action," wrote MOM.
Gan also added in Parliament that the Ministry decided to take no further action against the elder Liew.
Why actions were taken against individuals who were not Parti's employers?
Yeo pointed out that actions were taken against Ng and the younger Liew, who are not Parti's employers.
Thus, she asked Gan whether MOM would be reviewing this, and whether the Ministry would respond to why the warning letters were issued to Ng and the younger Liew.
Gan responded that MOM will review its punishment framework, and that action will be taken against employers in similar illegal deployment cases, in light of the vulnerability of foreign domestic workers.
These actions will be taken regardless of whether employers are aware of the illegal deployment of their domestic workers, she said:
"This is to remind employers that they are ultimately accountable for their foreign domestic workers, and should take steps to ensure that their households' deployment of the foreign domestic workers do not contravene the law."
Are the actions consistent?
Yeo also asked in her Parliamentary Question whether the actions taken in the case of Parti's illegal deployment were consistent with similar cases in the past.
Gan responded, echoing the prior MOM press release, that the actions taken against the Liew, his wife, and his son, were in line with actions taken in similar cases in the past.
She shared statistics, which were also previously shared by MOM in the Sep. 8 press release, about illegal deployment complaints received by the Ministry.
Between 2017 to 2019, there were an average of 550 complaints of illegal deployment each year.
Of these complaints, MOM took actions against an average of 155 employers per year for illegally deploying their foreign domestic workers.
About 60 of them were issued with an advisory notice, 80 were issued with a caution, and an average of 16 were issued with financial penalties annually.
These financial penalties ranged from S$3,300 to S$24,000.
MOM "takes a stern view" of illegal deployment cases
The Ministry said in the press release:
"MOM takes a stern view of cases where FDWs are deployed to participate in non-domestic work or to work in commercial premises, regularly and over a long period of time.
It would be especially egregious if the FDWs are overworked and not provided with adequate rest."
Employers can be issued financial penalties of up to S$10,000 per count, as well as banned from hiring domestic workers.
Gan added that MOM will give an update when the ongoing review of Parti's case, which arose from the High Court’s observations, is completed.
Top photos via CNA and Matthias Ang.