My Letter to NTUC - Protecting PMEs in Singapore

zzZidane SG

Quoted from an independent author in Singapore Business Review:

I am happy to hear that you have organized this meeting to gather the opinions of PMEs (professionals, managers and executives) like us. Really appreciate your effort in seeking PMEs' view to create a better and fairer working environment.

I am writing as a concerned citizen who wants a fair and harmonized working environment so that everyone, (the employer, the employee and the government) can win.

Here are some of the thoughts that I have gathered on the ground.

I] Concerns of PMEs Today

1. Insecurity

Some matured local PMEs are usually afraid that once they are over the age of forty, their jobs will become insecure; and because of that, some employers will take advantage of this fear, so as to control the employee.

When matured local PMEs are asked to leave, some of them may take up lower salaried jobs or become self employed like taxi drivers, in order to earn income to sustain their livelihood (especially to finance their teenage children’s education).

PMEs who do “backend” jobs for their companies, such as admin, operations, accounts, support and customer service, will feel more insecure as compare to PMEs who are in the front line departments such as sales, marketing, business developments and also HR.

This is because some bosses of SMEs may feel that backend jobs, unlike sales and marketing, are just some simple clerical, emailing and data mining tasks which did not bring money to the company; and anyone can just replace them easily.

We got to protect these PMEs who worked in the backend department, companies should give them equal opportunities to grow and perform; employers should also find ways to make them feel that they are also indispensable to the company.

This type of grey area is something that I can understand that government may not be able to control completely; but, they are happening today.

2. Fear of Capital Loss to Non Competition Clause

As what I know, from the employment act, non-competition clause is not applicable at all. However, employers are still creating non-competition clauses in their employment contract. Their reason is to protect the company’s interest and confidential information.

However, some companies’ non competition clause, in my opinion, is extremely unfair to the skilled or technical PMEs such as engineers, surgeons, IT developers and so on.

There are cases where some employers threaten to fine or sue their outgoing staff if they “break” their non competition clauses; some companies will also “force” their outgoing staff to not work in the same industry or profession for a very long period of time. Such practice exploits people’s right to work and to be employed.

As the non competition clause is not applicable in the employment act, the outgoing PME will be at a very disadvantaged position. If a doctor leaves a company and cannot be a doctor, what else can he do?

One of the fears for some PMEs, is that either they will suffer months of income loss or they will face potential lawsuit from their former companies if they break the non competition clause contract.

Chances of winning the civil suit, for the PMEs, may also be very slim; as they may not have a lot of capital to sustain this fight (by engaging a good and expensive lawyer) against their former employer.

So, I hope to see, that there is some form of protection here as well. Probably, in all employment contracts, the non competition clause should be reviewed by the government authority first, to see if there is any unfairness in the terms and conditions to the employee, before they even let their employees to sign; and employees are allowed to voice out to third parties should there is unfairness in the non competition clause.

3. Unfair HR Practice

Here I want to share a true story about one of my friends’ ex colleague. When the ex colleague went for her compassionate leave due to her grandma’s passing, the employer hires a new staff to take over her job.

When she came back from her leave, the HR manager, without feeling any empathy for the staff’s loss of her family member, asked the staff to tender her own resignation letter. After hearing her story, I feel that there might be also similar cases like this around, especially towards the pregnant employees.

Employers should learn to have more empathy in dealing with situation like that; building a company is not only about just money and profit, it is also about managing, and being human.

Another form of unfair HR practice is that some employers may be too biased, especially in hiring PMEs of certain nationality to hold higher management positions in their companies, while giving other nationality less opportunities or just junior positions only.

This is another grey area. Government may not be able to check whether there are any such unfair HR practices in any companies.

So, I am thinking if we could set up some type of “whistle-blowing” channel between the employees, trade unions and the government; whereby, if any such unfair HR practice is seen, the employee can alert the union and authority to investigate such issue.

Education campaigns can be set up to teach and alert the public of the availability of such channels. Employers, who will also be aware of this, will therefore, not do such unfair HR practice anymore.

SJS6638 SG

Appreciate your effort to write to them.

Be aware that protecting interest of local employees is not their top priority or priority ..............