Enforcement Actions Taken against Agencies Charging Foreign Workers above Cap for Agency Fees
Ministry of ManpowerSpeakers
Summary
This question concerns Mr Christopher de Souza's inquiry regarding enforcement against employment agencies overcharging foreign workers and measures to prevent burdensome recruitment debt and illegitimate salary deductions. Minister of State for Manpower Mr Zaqy Mohamad reported that between 2015 and 2017, 23 agencies were penalized for fee violations, resulting in license revocations and the recovery of excess fees for workers. While Singapore cannot regulate overseas agents, the Ministry collaborates with foreign embassies and requires employers to provide In-Principle Approval letters in workers' native languages before arrival. Employers must obtain written consent and notify the Ministry of Manpower to increase salary deductions, which must remain within limits set by the Employment Act. Furthermore, the Settling-in Programme launched in October 2018 will educate workers on these protections and the necessity of reporting unauthorized deductions to the authorities.
Transcript
19 Mr Christopher de Souza asked the Minister for Manpower (a) what enforcement actions have been taken against agencies who charge foreign workers more than the maximum cap for agency fees; (b) how have these enforcement actions benefited the relevant employees; (c) what can be done to prevent a person from incurring overly burdensome debts to come to Singapore to work; and (d) what can be done to ensure that deductions from employees' salaries made by employers are legitimate.
The Minister of State for Manpower (Mr Zaqy Mohamad) (for the Minister for Manpower): Mr Speaker, it is me again. Employment Agencies (EAs) operating in Singapore are not allowed to collect fees exceeding one month of a worker's salary for each year of contracted service here, capped at two months' salary.
Between 2015 to 2017, MOM took action against 23 errant EAs for violating this rule. Three were prosecuted and had their licences revoked while the remaining were given written warnings or had composition fines imposed on them. MOM also helped the workers who were in Singapore to recover their excess agency fees in full.
While the Ministry has prohibited the EAs in Singapore from charging workers beyond the stipulated fee cap, it is also beyond our jurisdiction to regulate agents in the workers' home countries. However, whenever MOM's investigations reveal suspicious or irregular fee practices, we do not hesitate to share pertinent information with the foreign embassies to enlist their help to combat any malpractices in their respective countries.
When applying for Work Permits, employers are required to declare key salary terms, in particular, basic and fixed monthly salary, and salary deductions, to prospective foreign workers. These terms are stated in the In-Principle Approval (IPA) letters, which are available in the workers' native languages, and must be sent to the workers prior to their departure to Singapore.
Employers are not allowed to increase salary deductions from what is stated in the IPA, unless they have obtained the workers' written agreement and notified MOM of the revisions. In addition, these deductions must comply with the maximum deductions allowable under the Employment Act. Foreign workers who have had their salaries deducted without their written consent, or beyond what is allowable under the law, should report this to MOM as early as possible. This point will be made clear through the Settling-in Programme which will be rolled out to all new non-Malaysian foreign workers in Singapore starting with those in the construction sector from this year – October 2018.