I refer to the article “MOM seeks public feedback for Employment Act review” (Straits Times, Nov 22).
It states that “Now, the law allows PMEs earning up to $4,500 a month to get help from labour courts for pay disputes, but the NTUC wants more.
Unfair dismissal?
The labour movement said two weeks ago that PMEs should also be protected against unfair dismissal and be given sick leave, which they now have to individually negotiate with their employers”.
A few year ago, I met a former staff of a local university who told me that when he reached 55 years old, he was asked to take a 50 per cent salary cut. At that time, I dismissed it as perhaps an isolated occurence.
Recently, I met another former staff of a local university who told me that the same thing happened to him.
So, is there any protection under the Employment Act for people like the above two persons?
Well, I have been advised that from a practical standpoint, there is not very much that an employee can do.
Even if the Act is changed to increase the salary cap above $4,500, to enable PMEs “to get help from labour courts for pay dispute”, how many will actually take the trouble and time to go through this process, as essentially employers can simply terminate an employee’s employment by giving the required notice in the employment contract.
And of course, one’s salary can also be cut at any time to any quantum. The Act affords very little protection in such cases, other than to encourage mediation in the disputes resolution process.
As I understand it, it may be very difficult to prove “ünfair dismissal”.
Perhaps what we need are more specific rules on “unfair dismissal” like that in Hong Kong’s Employment Ordinance.
Appeals against dismissals
In Hong Kong, An employee who considers his dismissal to be unfair can file a claim with the Labor Tribunal within three months from the date of dismissal. If the dismissal is proved to be unfair, the Labor Tribunal will order the employer either to reinstate the employee to the original job or to pay the employee a monetary compensation.
Some examples of unfair dismissal cases can be found here.
PMEs covered for not getting paid only?
I am amazed that for so many years, managers and executives earning $4,500 basic monthly salary and below are still only covered partially on the basic payment of salary. All other provisions of the Act do not apply to them.
Contract workers
With the increasing trend of contract work, more workers may not be getting benefits like medical benefits, medical and annual leave, etc.
Part-time workers
The increasing trend of part-time work means more workers may also be denied of benefits. Perhaps we should look into reversing the definition of a part-time worker as one who works 35 hours or less, to the previous 30 hours.
Are there any developed countries in the world that puts a worker working say 7 hours a day for 5 days a week as a part-timer for the purpose of benefits?
Discrimination against Singaporean workers?
How does the Act protect those who lose their jobs to foreigners because foreigners who may be more qualified, skilled and experienced, may be willing to work for much lower pay?
Discrimination against women?
I understand that discrimination against women employees before, during and after child bearing may have been increasing. I think the problem with the MOM in the dispute resolution process, may be that the MOM may likely be more inclined to see as many cases resolved as quickly as possible. So, the final outcomes may not be as desirable from the perspective of the employee.
Why not have an Equal Opportunity Employment Commission like Hong Kong? Only an independent body which is seen to be more proactive in punishing errant employers, may significantly tilt the playing field in Singapore, in respect of employee protection.
Otherwise, some employers may view it as at most, there may only be the need to go through a mediation and disputes process, without much fear of penalties or bad publicity.
Age discrimination?
How does the Act protect workers from age discrimination, which seems to be rising in Singapore.
Minimum wage?
How does the Act protect workers from being paid just about only $4 basic pay an hour, like cleaners and security guards?
How does the Act protect workers like cleaners from typical 12 hours work-days with only one day off every two weeks? In order to earn a decent pay of over $1,000, such workers are mainly dependent on overtime pay? The 72 work hours maximum a week is meant for overtime, and should not become the typical standard work hours.
I have seen people with disabilities working full-time for $400 or less a month.
Corporate Social Responsibility?
With all the hype nowadays on Corporate Social Responsibility, we should not forget our core responsibility to provide a decent wage and reasonable working conditions, and to treat workers fairly.
Labour movement needs wake-up call?
After decades of our cozy tripartite labout environment, perhaps what our labour movement needs is a wake-up call, as the labour environment is very different today – with increasing competition from foreign workers and wage pressures, and declining real earnings for lower-income workers, etc.
So, we sorely need a mind-set change – otherwise some employers may continue to think that the worse that can happen is that they only have to make good in full or in part, what they were legally obliged to do so in the first place.
Without an independent commission like Hong Kong, the Singaporean worker may never get the employment protection they deserve.
Leong Sze Hian
