Number and Actions against Salary Kickback Offences

8 Mr Louis Ng Kok Kwang asked the Minister for Manpower (a) what are the top three ways by which the Ministry is alerted to potential kickback offences; (b) what are the respective percentages of cases that are reported via each of the top three ways by which the Ministry is alerted to kickback offences; and (c) how is the Ministry strengthening efforts to get workers to report kickback offences.

The Senior Minister of State for Manpower (Dr Koh Poh Koon) (for the Minister of Manpower): Sir, between 2016 and 2020, the Ministry of Manpower (MOM) looked into an average of 960 cases per year for kickback offences. Of these, about two-thirds are complaints lodged by migrant workers, one-third are referrals from members of the public, non-governmental organisations (NGOs) and other public agencies, while a small number are detected through MOM’s proactive inspections based on data analytics.

To encourage migrant workers to come forward to report kickbacks early without fear of reprisal from their employers, MOM will facilitate a change of employment for those who wish to continue to work here in Singapore. MOM will also refer affected migrant workers to selected employment agencies, which are committed not to charge these workers any fees for the job placement.

MOM also educates first-time migrant workers on kickback offences and ways to seek help through the mandatory Settling-In Programme. We have stepped up our engagement and education efforts by tapping on the network of migrant worker volunteers being developed by the Assurance, Care and Engagement (ACE) group and Migrant Workers' Centre (MWC) ambassadors to disseminate key employment messages. MOM will continue to work with community partners, leverage technology, such as the FWMOMCare app, and tap on social media channels to amplify these messages and reach out to more migrant workers.

Mr Deputy Speaker: Mr Louis Ng.

Mr Louis Ng Kok Kwang (Nee Soon): Thank you, Sir. I thank the Senior Minister of State for the reply. I know of migrant workers who paid over $10,000 in kickbacks to come to Singapore to work. I think, no matter how good our labour laws are, this huge power imbalance and the fact that they are so heavily in debt would make our laws quite ineffective because not many would dare to speak up.

Could I ask two clarifications? One, whether we can step up the protection for whistle-blowers. I think the Senior Minister of State mentioned about helping them find employment. But I think, in Taiwan, they go a step further by even providing financial incentives for those who reported the violations. Two, these kickbacks are so widespread, I am just wondering whether MOM is doing anything else to try and curb this illegal practice.

Dr Koh Poh Koon: Sir, I must first contextualise the extent of the problem because the Member believes that this is a very widespread problem. But in terms of kickback-related complaints, this forms only about 10% of all the complaints that MOM receives in a typical year. Instead of focusing on giving financial incentives for people who are, especially migrant workers who come forward and make that complaint, it is more likely important to help them understand what exactly a kickback is. The Settling-In Programme is very important in helping them be aware what constitutes a kickback and then, to explain to them that, actually, they would be protected from loss of jobs should they report the employer for collecting illegal kickbacks. I think that is something that we should work a lot to reassure our migrant workers so that they feel comfortable coming forward.

But the other side of the equation is to impose strict penalties and make sure that we take a strong stance against employers who resort to such illegal activities, so that the deterrence should be on the side of the employers, not so much as incentivising through financial means, to induce our foreign workers to come forward. I think what they look for is more protection and job security and that is something that we want to provide.

The financial disincentive for employers to do so is already enshrined in our Employment of Foreign Manpower Act, where if they are convicted for kickbacks, they will be liable to a maximum fine of $30,000 or imprisonment up to two years or both, per offence.

Mr Deputy Speaker: Mr Louis Ng.

Mr Louis Ng Kok Kwang: Thank you, Sir, could I just ask one more clarification? I think there are some proposals out there on whether we can do some accreditation of the recruiting agencies at where the kickbacks are paid. I think that might be a way forward to ensure that the companies here only recruit migrant workers from accredited recruiting agencies.

Dr Koh Poh Koon: Sir, the Member's suggestion is already implemented today. There is already on our website a list of accredited and registered employment agencies so that those who are not registered will be taken to task for illegal recruitment activities and would be punished by the full effects of the law.