Abusive couple allowed to hire domestic helper on compassionate grounds: MOM and MinLaw

Ms Jaya Anil Kumar (“Tweak laws to ensure employers who abuse their maids compensate them”; Aug 7) and Assistant Professor Benjamin Joshua Ong (“Instead of banning maid abusers from rehiring, consider these options”; Aug 13) suggested ways to strengthen protection for foreign domestic workers who are victims of abuse.

As Ms Kumar pointed out, the Criminal Procedure Code provides a range of methods for the court to enforce a compensation order, such as through the attachment of property belonging to the offender or through the imposition of an imprisonment term in default of payment. The court can also order compensation to be paid in instalments. 

These methods increase the likelihood that compensation ordered is eventually paid. While attachment of property is a possibility, the court is given the discretion whether or not to order this. This enables the court to consider whether such an order (for example, to require the offender’s home to be sold) is fair and proportionate.

Our laws provide strong and comprehensive protection to foreign domestic workers and are enforced strictly. Penalties for abusing such workers will be enhanced up to two times the maximum punishment under the Penal Code.

Where an employer is convicted of abuse, the Ministry of Manpower (MOM) imposes a permanent employment ban on the employer and the spouse. Other household members may also be banned, depending on the facts of the case. 

While these laws are in place, MOM remains fair to employers who have been punished and is prepared to consider their appeals later. 

The couple in question was banned from hiring foreign domestic workers in 2001. In 2010, the husband appealed to be allowed to hire a foreign domestic worker to help take care of his wife, who had suffered a stroke. MOM acceded to the appeal on compassionate grounds.

In appeal cases, MOM will exercise judgement and ensure that the necessary safeguards are in place to protect the worker’s well-being.  For example, the employer is required to provide a compliance bond. MOM also interviews workers in such households to check on them. 

Nevertheless, there will be employers who do not learn from their mistakes and reoffend.  MOM will continue to take stock of and improve the safeguards, to protect the well-being of workers.

All first-time foreign domestic workers are educated on their rights and responsibilities, as well as the various channels through which they may seek help, during the mandatory Settling-In Programme.

MOM also conducts random interviews with them without their employer’s presence to ascertain if they are settling well. Similarly, employers are educated on the severe penalties for ill-treating their foreign domestic workers via the Employers’ Orientation Programme and regular newsletters.

The public can play a part, too, by reporting suspected abuse cases to MOM on 6438 5122, or to the police on 1800 255 0000 or via http://www.police.gov.sg/iwitness. They may dial 999 for urgent police assistance.

All reported information will be kept strictly confidential.   

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