They make the rules, so they can bend
the rules...
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ZOE TAY TELLS MAGAZINE:
I'm pregnant so, I won't get paid
By Ho Lian-Yi
August 01, 2007
THERE is a 'new system' at MediaCorp in which artistes will have
their contracts suspended during pregnancy, to be re-instated only
after that.
Starlet Zoe Tay with her son Brayden. She was paid while she was
pregnant with him, but is now under a new contract.
Actress Zoe Tay, 39, said this in an interview with Citta Bella
magazine.
'So right now, I'm not drawing a salary,' she said.
Zoe, whose second child is due in October, told the magazine that
it was her only concern about her current pregnancy and that she
was at first troubled over the arrangement.
She also told Citta Bella that she still wants to have more babies.
But her husband said two is enough.
During her first pregnancy in 2004, she was working - hosting an
infotainment programme about babies. She was still under her former
contract, so it was not suspended.
But are such conditions permitted in employment contracts in the
first place?
Apparently, they are legal - but notcommon.
Ms Anuradha Tiwary, a lawyer who has dealt with employment
disputes, said that the Employment Act has a provision that says
you can't sack or dismiss an employee who is more than five months
pregnant.
But she said that there is no provision in the Act for a
suspension, like Zoe's.
She added that if 'it's something that is not provided for and both
parties agree to it, then there is nothing illegal about it - fair
or unfair is not an issue'.
Mr Paul Heng, founder of career outplacement firm Next Career
Consulting Group Asia, said he has never heard of such clauses.
'This is rather unique to me,' he said.
Mr David Ang, the executive director of Singapore Human Resources
Institute (SHRI), said it was important to make a distinction
between 'contract of service' and 'contract for service'.
Contract of service is your typical work contract.
As long as you have worked for at least six months, you will be
paid a salary during your pregnancy.
In a 'contract for service', you are contracted to do a certain job
or service. For example, you could be contracted to write a
book.
In this case, one could stipulate that if no work is done, there'll
be no pay.
Mr Ang said there are several situations where it is reasonable for
a contract for service to stipulate suspension because of pregnancy
- such as if the job entails activities that could endanger the
child's life.
However, he added that it was difficult to comment on Zoe's case
unless he knew the contract details.
Zoe was not available for comment. Her artiste manager, Carolyn
Chong, said that as artistes' contracts are confidential, they will
not be able to comment.
However, Ms Ivy Low, assistant vice-president at MediaCorp's
artiste management division, was quoted on MediaCorp news website
xin.sg as saying that she was not told that Zoe's contract was
suspended and she was still arranging work for her.
She added that when an artiste is pregnant, her looks and stamina
are affected, so the amount of work she gets will decrease.
Two MediaCorp artistes, who were recently pregnant, said they do
not have such clauses in their contracts and they were still
paid.
One of them was Joey Swee, 30. She gave birth to a baby boy last
September, and was pregnant while she was on a previous contract,
signed around 2004.
She said that if she was given one in her contract, she would
'respect the company's decision'.
Acting is different from other deskbound jobs, she said, because
there may be strenuous physical exertion involved. 'We don't have
any other choice,' she said.
Huang Biren, who confirmed she was pregnant with her second child
just a week ago, said she will still be paid during her
pregnancy.
'I don't know how similar or different my contract is (to Zoe
Tay's) because we don't discuss these things.
'All I know is my contract was signed four years ago. I wouldn't
know about Zoe.'
[b]
