Cane Irresponsible Employers of Foreign Workers

PEOPLE & POWER: HUMAN TRADE



WITNESS: MIGRANT DREAMS

Part I



Part II



Afterthoughts:

1. Some years ago, the leading broadsheet of Singapore dedicated a whole section to foreign workers who had prospered in Singapore and returned to their respective countries to build beautiful homes and families. That story, as these documentaries show, has now changed.

2. What is even more shocking is the regulator's reaction to such mistreatment of foreign workers. The documentaries portray them as a manipulated eunuch. They come across as powerless. They appear to have failed to discharge their duty as guardians of these workers. They seem unsuccessful in protecting Singapore's reputation as a responsible state.

3. An example should be made of irresponsible employers, who allegedly lace their pockets with the debts of these foreign workers and put to risk hundreds or thousands of lives beyond the shores of Singapore.

4. Singapore was quick to introduce corporal punishment to stem the inflow of illegal immigrants into Singapore. The government says it has worked. Perhaps, employers who irresponsibly bring into Singapore workers but have no jobs for them should be treated the same.

Happiness,
Dharmendra Yadav

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Review Your Employment Contracts

In the past months, at least two friends have approached me about their employment contracts.

They told me, "I am not covered by the Employment Act. How?"

As they held management positions with their base pay exceeding S$2,500.00, they were right.

From the website of the Ministry of Manpower, Singapore:

"The Employment Act covers every employee (regardless of nationality) who is under a contract of service with an employer, except:
a) Any person employed in a managerial or executive * position
(However, managers and executives earning $2,500 basic monthly salary and below are covered for the purpose of salary protection. All other provisions do not apply to them);
b) Any seaman;
c) Any domestic worker; and
d) Any person employed by a Statutory Board or the Government.

Part IV of the Act, which provides for rest days, hours of work and other conditions of service, applies only to:
a) Workmen earning not more than $4,500 basic monthly salaries and
b) Employees earning not more than $2,000 basic monthly salaries."

This does not mean that people like my friends above have no rights. Their rights are usually determined by the employment contract executed between their respective employers and them.

This is why the employment contract is a serious document. I am surprised by the numbers of people who give scant attention to their employment document.

Perhaps, people rush into executing their employment contracts because it is very difficult for job offers to come by in a negative economic climate. But that's really a bad excuse for throwing the baby out with the water!

Before signing an employment contract:

1. Ask for a copy of it to be sent to you in advance.

2. Do some research on what the market practice is, in relation to the particular industry you have applied for.

3. Seek independent legal advice.

4. Propose amendments to the employment contract, if necessary.

5. Make sure you are protected. Secure a 'win-win' employment contract.

6. Review your employment contracts with your employer at the end of your probation period, if they decide to keep you.

Happiness,
Dharmendra Yadav

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Persuading Employers

I have just made an individual pledge to this wonderful private-sector initiative to beat the downturn. Add yours today!

In light of my own pledge, I have had applications from several highly qualified and talented candidates for some of the more recent roles made available here. 

They have not been able to secure jobs on the basis that they are "over-qualified".

What the employer really means is: "I want to give you this job but I am not convinced that you will remain with me as soon as the market turns for the better."

At the outset, candidates in such situations have an uphill task in persuading employers to take them onboard.

Most I meet haven't really thought about how to address this. Others see this as not their responsibilty to address.

As a result, they end up being invited for many interviews but not securing a position (until the market conditions improve).

Such candidates must take greater personal responsibility for their application. I encourage such candidates as follows:

1. Do not send in applications, unless you can see yourself in the job for at least 2-5 years and you accept that the role will actually help you develop as a person.

2. When you meet the employer, explain your commitment to the role as being part of your 5-year plan, and highlight how you see yourself adding value to the employer in the years to come.

3. Underscore to the employer that it should be a 'win-win' process. Acknowledge the limitations of the employer but impress upon the employer how they can still make a difference to your career. Usually, such employers cannot pay high salaries but they make up for it with training opportunities and less stressful working environments. Simply put, make the most of what is available to you.

If you have seriously thought about the role and addressed your "over-qualification" with the right level of humility, you will win over most employers and they will you make an offer of employment.

Happiness,
Dharmendra Yadav

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When You Apply For A Job

It may be useful to share three things I have learnt from job-seekers for this role:

1. Recognise the difference between a resume and a "CV". Keep your resume brief, that is not more than 3 pages. Two pages are ideal. The resume should give a snapshot of you and its primary purpose is to give the employer a relevant basis to invite you for an interview. Address the requirements of the role in both your resume and cover note. If you need help with your resume, you may wish to write to me for assistance or seek help from career coaches.

2. Please be accessible at your contact number if you apply for a job. If for any reason you become unavailable at that number, give callers the option of leaving you a message. Check back every 1 - 2 hours for messages that may have been left for you by potential employers. It does not create a good impression if a potential employer attempts to contact you and is unable to get you for hours. When you do get in touch with the employer, do apologise for not being available to take the call earlier and offer a reasonable explanation to justify your unavailability.

3. When you send in an application for a job and do not receive an acknowledgement after 2 days, get in touch with the employer to check that the resume has been received. You can use the opportunity to find out if and when they will be getting in touch with you for a possible interview. Ensure you have a polite disposition when you make that call. Leave a positive impression on the person you speak to. The person may well turn out to be a person who plays a key role in influencing the decision to employ you or may even be the person who makes the decision to employ you.

Happiness,
Dharmendra Yadav

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Help AWARE raise funds

I have been following developments in the AWARE saga from a distance, unlike other members of the legal fraternity. A non-exhaustive list of articles following this development is available here. Many, including the Honourable Nominated Member of Parliament Siew Kum Hong, have written about the lessons that we can draw out from this experience.

I have been particularly disturbed by the $90,000 spent by AWARE in the short period that its past executive committee was in power. I hope that this expenditure will be looked into by AWARE and more information will be shared about it with AWARE members. I also hope steps will be taken by the current executive committee to recover the money spent, either through legal action (if so advised by AWARE's lawyers) or other fund-raising activities.

In the same vein, I was particularly pleased to learn that a Singapore company, Archer Marketing & Development (S) Pte Ltd, has launched a special website, Printeet.com, to help AWARE raise some funds.

Initially, I was concerned about the credibility of the payment system on this website and whether the funds would eventually go to AWARE. I spoke to Dionis of Printeet.com today and sought to clarify these matters.

I have learnt that:
a. payments are being accepted by Paypal; and
b. buyers do not need to have or create an account to make purchases at Printeet.com; and
c. about 70% of profits from the sale of AWARESG t-shirts or $7 from the sale of each t-shirt will go to AWARE; and
d. Printeet.com will be providing a statement disclosing details of its donations to AWARE.

Having received this clarification, I feel assured enough to buy a t-shirt at Printeet.com. I hope others will consider doing the same too.

Let's help AWARE to recoup its losses and raise some funds to continue its good work in the community.

Happiness,
Dharmendra Yadav

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Younger Lawyers Respond To Senior Lawyer

In the past week, I have received a range of reactions from different sections of the legal fraternity in relation to the AWARE coup.

Firstly, there are those who consider themselves "God's Children" and see it as their religious mandate to do all that they can to endorse the work of those who wash away their sins and of those around them.

Secondly, there are others who are absolutely appalled by the intolerance and immaturity displayed by some very senior members of the profession. The letter below is one example of those in this category.

Another lawyer is going further and initiating a customers' revolt. He writes, "I am going to call up DBS and terminate my credit cards. The DBS person on the line will ask me why (they always ask for that kind of customer feedback). And I am going to say that it's because of their Head of Marketing, Josie Lau. I will say that I have a very poor opinion of her behaviour in the Aware saga, and that for that reason, I have decided to stop using DBS credit cards. Furthermore I will request for my feedback to be given to DBS's senior management. It's a matter of principle. I am only one customer. But I will do what I think is right."

Thirdly, there are others who ask me, "Why should I care?"

Of the three categories of persons above, the third worries me the most. To these persons, I respond with a poem by Pastor Martin Niemöller:

When the Nazis came for the communists,
I remained silent;
I was not a communist.

Then they locked up the social democrats,
I remained silent;
I was not a social democrat.

Then they came for the trade unionists,
I did not speak out;
I was not a trade unionist.

Then they came for the Jews,
I did not speak out;
I was not a Jew.

When they came for me,
there was no one left to speak out for me.

It is important to care about what happens around us although I wouldn't go as far as the late Winston Churchill. He said, "You have enemies? Good. That means you've stood up for something, sometime in your life."

Another young lawyer, Sivarajan Sivalingam, has best summed up the importance of being taking an interest in such issues: "Be AWARE lest you be caught unAWARE."

Happiness,
Dharmendra Yadav

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*****

I write in response to the article titled “Lawyer's key role in Aware coup” (ST, 24 Apr 2009) detailing Dr. Thio Su Mien’s involvement in the AWARE saga. I was disappointed with the contents of the report, and what Dr. Thio had to say on certain issues.

She feels that AWARE has given too much precedence to what she naively calls “promoting a homosexual agenda” – i.e. the fact that “homosexuality is regarded as a neutral word, not a negative word” in AWARE’s secondary school sex education programme. I think this misses the forest for the trees.

Dr. Thio (given her credentials) must be familiar with the ordinary linguistic difference between the passivity of a neutral stance and the element of “activeness” involved in "promoting a homosexual agenda" (quite frankly, a tired turn of phrase). More significantly, it ought to be noted that during the heated debate early last year surrounding the Petition to repeal section 377A of the Penal Code, AWARE unlike the Law Society did not comment on the matter. Most importantly, the examples Dr. Thio cites are all premised on hearsay and carry an element of scaremongering – i.e. “The suggestion is that in this programme, young girls from 12 to 18 are taught that it's okay to experiment with each other. And this is something which should concern parents in Singapore. Are we going to have an entire generation of lesbians?” This undeniably is nothing but hyperbole, and as such, I find it impossible to agree with Dr. Thio’s view.

Her insistence that AWARE “seems to be only very interested in lesbianism and the advancement of homosexuality” is a fallacy that does a great disservice to the previous committee, whose past reports to the CEDAW Committee have been comprehensive in addressing the discrimination that women in Singapore face, and how this can be addressed have been nothing short of impressive. Dr. Thio seems to fixate on the work of one of AWARE's sub-committees thereby effectively ignoring the wide-ranging support AWARE provides to women in Singapore. This is not only inaccurate, but unfair.

It has been repeatedly said that AWARE is a secular and non-partisan NGO premised on the equality of women and furthering the best interests of women. As a woman, I cannot condone an organisation that claims to speak for me while in the same breath claiming that all women are equal, but some are more equal than others.

Puja Varaprasad
25 April 2009