got this in another chain mail, courtesy of this blog
http://mrwangsaysso.blogspot.com/2008/04/maids-mas-selamat-and-why-wong-kan-seng.html
Pardon the slightly bizarre title of this post. In a roundabout
way, it was
inspired by the following article from Today:
2 years on, employers still skirt day-off clause
Should there be a law to get employers to comply?
Friday ? April 25, 2008
NEWLY arrived, a maid asked her employer if she could get a rest
day. Her
employer was incredulous.
"If I wanted to give my maid a day off, I would have hired one from
another
country," said the employer, who had signed her up on the
assumption
that maids of some nationalities were more pliant than
others.
Faced with an employment contract that requires them to either give
their
maids a rest day, or compensate them accordingly for working,
some
Singaporean employers have sought ways to get around the terms
or
extract the most from their workers.
And this begs the question of how much has truly changed for the
170,000
foreign domestic workers in our midst ? two years after the
industry
association put together a standard contract requiring employers to
give
maids at least one day off a month.
A Today straw poll of 50 employers found that only 62 per cent gave
their
maids a rest day.
With some industry watchers criticising the rest-day clause as
being too
flexible, should legislation be put in place to mandate the issue?
....
There are several simple reasons why many Singaporean employers
are
reluctant to give their maids a day off.
You see, if the maid runs away, the government will fine the
employer
$5,000. If the maid commits a crime such as shoplifting, the
government
will fine the employer $5,000.
If the maid is caught having sex with someone, the government will
fine the
employer $5,000. If the maid gets pregnant, the government will
also fine
the employer $5,000.
(Oh, and you have to send your maid for a pregnancy test every six
months).
If you didn't know any of the above, then either you do not employ
a maid,
or you didn't read the small print of the Manpower Ministry's
work
permit conditions.
Many employers are afraid that if their maid has a day off and gets
into
trouble, the employer will not only have to solve the trouble, but
also
have to fork out $5,000 as a free gift to the government.
(Not that the government will then help you solve the trouble. It's
just a
fine, plain & simple).
Intuitively, this smacks of gross unfairness. The employer gets
punished
not for
something he did, but for something that somebody else (the maid)
did.
Furthermore, once the maid leaves the employer's residence,
the
employer has no way of monitoring where the maid goes and what she
does
there.
To encourage employers to give their maids a day off, the
government needs
to change these ridiculous rules.
I agree that employers should be fined and punished, if they fail
to
perform their responsibilities as employers - for example, paying
the
maid's salary on time; providing adequate food and accommodation;
and
ensuring a safe, secure working environment.
But employers should not be held responsible, for things that a
maid may
do, of her own free will. When the maid goes out on her rest day,
the
employer
simply has no viable way to ensure that she will not do anything
that
breaches her work permit conditions.
(Which, by the way, are quite extensive and onerous).
We may draw a curious parallel with Mas Selamat's escape, and PM
Lee's
determined, if muddled, defence of Home Affairs Minister Wong Kan
Seng
in Parliament.
Mas Selamat ran away. But PM Lee said that Wong Kan Seng was not at
fault
and should not be punished in any way. The reason being that Wong
Kan Seng
personally did not do anything which allowed Mas Selamat to
escape.
Strangely, if your maid runs away, it IS your fault and you SHOULD
be
punished. Even if you did not personally do anything to let her run
away
(apart from giving her a day off).
Similarly, if your maid becomes pregnant, it IS your fault and you
SHOULD
be punished. Even if you did not personally do anything to make
her
pregnant.
Oh well. What can I say? Maids are not terrorists. But then you are
not
Wong Kan Seng. So the rules remain stacked against you. Wong Kan
Seng gets
off lightly, but you won't. Even if his lapse has far greater, and
graver,
implications than yours.
Your runaway maid wouldn't blow up Changi Airport, would
she?