Read This First Home
| 1) | Can I ask my FDW to clean my windows? I live on the 10th floor. |
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Can cleaning windows be justly considered a domestic chore?
Perhaps yes, perhaps no.
But is it worth arguing if one outcome of this obsession with clean
windows may be the death of a young woman in the prime of her life? On
August 3, 1999, The Straits Times reported "Maid falls 13 floors and
dies".
On June 26, 2001 The Straits Times published a photo submitted by a Singaporean woman showing a maid precariously perched on the window sill six storeys above the ground. A fall from the 3rd storey will certainly kill. A fall from the 2nd storey may not always lead to death, but it may incapacitate the victim for the rest of her life. The very next day, the same newspaper reported that a maid had fallen 7 floors and miraculously lived. The question is: for how long will she continue to live (and suffer!!!) |
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| 2) | Can I employ an FDW part-time if her employer does not object? |
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According to Work Permit Office regulations, a work permit holder may
work only for the employer named in the work permit and a person may
only employ a foreign worker with a valid work permit, i.e., a work
permit with name of the employer on it. Before a work permit is issued to FDW, she has to acknowledge certain conditions, among them:
"2. [that she] shall only work for the employer ... named in the work
permit..." |
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| 3) | Can an employer ask her maid to clean up her mother's flat once a week? |
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It is very clear that a foreign domestic worker may not work for
another person. The employer may not claim to be ignorant of this
prohibition because he will have made a declaration prior to the
issuance of the work permit:
"I shall not send the foreign worker to work for any other
person..." See
Employer's Declaration, item 8)
and "I shall ... employ the foreign domestic worker to perform only household/domestic duties at the residential address as shown on the work permit." See Employer's Declaration, item 10) |
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| 4) | Do employers have to deposit $5,000 to execute the Security Bond? |
| It is not necessary for the employer to put up a cash deposit of $5,000. In place of cash, a guarantee by a bank or an insurance company will satisfy the requirements of Immigration Department. Our fee includes securing such a guarantee - besides other requirements of the Work Permit Department. | |
| 5) | How long will take to get a work permit application approved? |
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It may take a couple of days - if all goes well.
It will usually take the first-time employer of an FDW longer than the
current employer of an FDW. However, since the Work Permit Office
replaced the trusty Labournet with WPOnline, all bets are off.
Occasionally one meets an unforeseen obstacle.
Expatriate employers please take note.
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| 6) | If my maid is not paid for washing my mother's flat, is it still illegal? |
The Work Permit Office requires an FDW to declare that she will not
work for anyone other than the employer whether with or without pay.
The FDW declares:
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| 7) | In a transfer case, when may a maid report for work with her new employer? |
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An application for a work permit for an FDW is normally submitted via
WPOnline, normally accessible only to licensed employment agencies. After it is approved, the employer or his agent must furnish the FDW with an insurance policy to cover personal accidents and hospitalisation at least 24 hours before the next step is taken to finalise the transfer. This next step is to submit a request to MOM to issue a work permit to the FDW in question. This request is sent via WPOnline and MOM then acknowledges the request online. When the request is acknowledged, the maid may report for work with the new employer. The work permit card is subsequently picked up. At that time the agent submits the following documents to MOM:
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| 8) | Must an FDW go home when her work permit expires? |
| Not if she finds alternative employment (and is issued a new Work Permit that goes with the new job). The new employer would execute a Security Bond and the old employer's bond then becomes null and void. The old employer would be advised in due course, by Immigration, that his liability under the Security Bond is discharged. | |
| 9) | What are the obligations of the employer to the FDW? |
The employer owes it to the FDW:
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| 10) | What is the Security Bond? |
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Basically, the Security Bond is an instrument that obligates the
employer to put up a security deposit of five thousand Singapore
dollars or get a bank or, usually, an insurance company to pledge the
amount which may be forfeited if the employer breaches the terms of
the Security Bond.
In executing the Security Bond the employer promises, among other
things, to cancel the work permit of the maid (the foreign domestic
worker, FDW) and repatriate her.
Failing to do so within one month of cancelling the FDW's work permit puts one at risk of having the security deposit forfeited. If no security deposit is furnished but a guarantee given instead, the guarantor (bank or insurance company) is required to pay up. It will the ask for reimbursement from the employer, who when applying to the insurance company agreed to indemnify the insurance company against such a loss. |
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| 11) | What is FDW? |
| FDW is an abbreviation for "foreign domestic worker". Recognising the important role played by women from the neighbouring countries to the comfort of employers, their family and, by freeing women for more economically productive roles, in the economy of our country, the Ministry of Manpower does not refer to FDWs as maids, a term which is woefully inadequate to describe women who not only clean (like a maid) but also take care of children (like a nanny or a babysitter) and prepare the chow (like a cook). Instead they are called Foreign Domestic Workers. As long as the work in done in a domestic environment, they do it. They may not do it so well and some actually die trying. The media now and again report on young women who die trying to clean windows or hanging out the clothes to dry. | |
| 12) | What is Foreign Workers Levy (FWL)? |
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The Ministry of Manpower charges the employer of an FDW $345 per
month. (The amount may change over time.) This charge is the Foreign
Workers Levy. In late 2004, to encourage Singaporeans to produce more
children, Singaporean mothers of young children are required to pay
only $250 per month in levy. In early 2005, the FWL is reduced a
further $50 for mothers with younger children.
This amount is deducted from the employer's bank account set up
through GIRO, so the employer should remember to top up the balance
periodically, especially if he/she uses the same bank account to
facilitate the payment of other recurrent charges like the monthly car
park license, PUB charges, radio/tv license etc.
If the employer neglects to top up the account and the deduction for
FWL is unsuccessful, MOM will terminate the FDW's work permit and
direct the employer to repatriate her.
Failure to do so will result in loss of the five-thousand dollar
security deposit unless the employer successfully appeals against the
decision.
Note: Even if the employer has taken out the Security Bond Protector policy he/she will still lose because this policy only protects the Employer if a breach is caused by the FDW and not if it is attributed to the Employer. |
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| 13) | What is the Security Bond Protector? |
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When the employment of an (FDW) ends, she either transfers to a new
employer or goes home. Sometimes the FDW is unable to find
alternative employment, so her employer is required to cancel her work
permit and repatriate her under the terms of the Security Bond.
However, sometimes the FDW wants so very much to stay in Singapore
she plays hide and seek with her employer in the hope of avoiding the
inevitable repatriation. (This hardly ever happens with Filipino
domestic workers.)
If she is not repatriated within 30 days of the
cancellation of her work permit, Immigration Department has the right
to seize the five-thousand dollar deposit (or demand payment from the
bank or insurance the insurance company that guaranteed payment in
case of a breach). If the employer succeeds in tracing the FDW and
manages to persuade her to go home, Immigration will consider his
request for the refund of his security deposit.
Good News! |
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| 14) | When is an Employer required to put up a $5,000 cash deposit? |
Before a work permit is issued to an FDW her employer is required to
execute a Security Bond which specifies
The Security Bond may be accompanied by a deposit of five thousand dollars ($5000.00) but is usually replaced by an insurance company's guarantee instead. If the FDW is found to be working in her employer's business establishment, for example, both the employer and the domestic are in breach of the terms under which the work permit is issued. The employer risks being fined (and Singapore is a fine city) and the FDW risks having her work permit cancelled and being sent home.If the Central Provident Fund Board is unsuccessful on more than one occasion in collecting the monthly Foreign Workers Levy, the Work Permit Department will cancel the Work Permit and direct the employer to repatriate the Foreign Domestic Worker. Failure to comply will cause the five thousand-dollar deposit to be forfeited. See text of security bond |
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| 15) | Where do FDWs come from? |
| FDWs come mainly from the Philippines, Indonesia, Sri Lanka, Myanmar and India - in order of popularity and/or the ease of recruitment and deployment. At present the Association of Employment Agencies Association is working to convince the Work Permit Department of the desirability of including Cambodia as an approved source of FDW's. | |
| 16) | Why are employers required to buy an insurance policy? |
One of the requirements of the Work Permit Department is that the
employer take out an insurance policy to cover the FDW (though some
say "maid")
More about insurance for FDW and Employer. In the past, this was not required of the an Employer. And if one had not taken out an insurance policy to protect the maid against unforseen illness that required hospitalisation he/she could just decide to send her home as soon as he/she found out about it. But now, the employer having insured the FDW, need not worry about the cost of the hospitalisation. The insurance policy even compensates for the loss of salary and reimburses the employer for the foreign worker levy paid while the FDW is hospitalized up to a maximum. The fee we charge covers the cost of insurance too. |
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| 17) | What should the employer do when his FDW stops working for him? |
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According to the terms of the Security Bond, the employer has to
repatriate the FDW when her work permit expires, unless it is extended
for another period. The maid may choose to transfer to another family
with the current employer's consent.
Repatriation.
Transfer
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| 18) | How does one go about cancelling the work permit of an FDW? |
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The Procedure Until very recently (May 2004), to cancel the FDW's work permit, the employer is required to submit in person 4 documents to MOM:
MOM will retain the letter and the work permit card and return to the employer the FDW's passport and the ticket plus, in addition, a Special Pass which permits the maid to stay until she is repatriated. The two-year visit pass issued to her when she was first issued a work permit is withdrawn and the maid thereafter relies on the Special Pass to stay on. Now, the procedure is simplified. Instead of presenting the documents in person, the employer need only to send a fax to MOM to request the cancellation of the work permit. MOM will acknowledge receipt of the faxed request and at the same time issue the Special Pass. The Employer or his agent is required to return the Work Permit card to MOM within a reasonable period. |
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| 19) | What is the salary of a first-time FDW? |
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The salary of a first-time FDW, like that of her more experienced
colleague, is determined by the market. Two FDWs working under very
similar conditions may not necessarily get the same pay. Filipino FDWs
are paid about SID 100 more than Sri Lankans or Indonesians.
It is more than likely the salary offered to Indonesian domestic
workers will rise.
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| 20) | Is it possible to find maids from country ABC who will accept SID 100 pm? |
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A woman who is broke, relatively unskilled, with little or no
education and has no prospects of finding gainful employment at home
will surely be happy to work abroad for the equivalent of 4 months of
the salary of someone doing something comparable in her own country.
Marian V, a young woman from India with a 12-year education came to Singapore in 1997. Her salary was $200 - which was 4 times what she would have earned as a sales clerk in her country, if she was lucky to find such a position. She was recommended by her relative who was working here as an FDW. Her employer paid for her travelling expenses. I asked her if she would have come if the salary offered was $100 and she said yes without hesitation, for at that time she had no prospects of finding gainful employment. (Her expenses were paid for by employer-sponsor.) She was offered SID 200 because her relative who recommended her was highly regarded by her employer. Madam (the prospective employer) made the assumption, not necessarily correct, that "birds of a feather flock together". I have also met a Myanmar national whose compatriot resident in Singapore arranged for her to come and work for him. He took care of passport, medical, felication and whatever it took to get her out. The salary was about SID 100 and the FDW (some say "maid") was happy and stayed with the employer for two years (even though she knew her pay was below the market rate) before asking for a transfer. The Myanmar government frowns on its women folk working abroad as domestics (or maids) and it takes some doing to get the FDW out. |
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| 21) | Can my maid transfer when her work permit is expiring within one month? |
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The would-be employer may submit an application for the FDW only if
her work permit is valid for at least 30 days. Otherwise it needs to
be extended for another two-year term. This entails the current
employer putting up a new security bond, letter of guarantee and a
health and accident insurance policy - and incurring additional
expenses. The new Work Permit is cancelled when the transfer is
effected.
To avoid this expense, when it is clear that the current employment relationship will be terminated on expiration of the work permit, the current employer may let the FDW start looking for alternative employer earlier. Once the application is approved, the actual date of transfer may be amended subject to the mutual consent of the employers. |
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| 22) | Must an FDW be medically fit before she comes to Singapore? |
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The Work Permit Department does not require an FDW to be certified
medically fit before she comes to Singapore. However, the approval given to an FDW prior to her arrival is subject to her being subsequently certified fit by a Singapore doctor. The agency which places the FDW would normally ask its recruiter in the foreign country to have the FDW examined first. Otherwise, if the FDW fails to secure medical clearance on arrival, her work permit will not be issued and at the end of 14 days she will have to go home, at the expense of the agency! |
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| 23) | Does an FDW on transfer have to be certified medically fit? |
| A would-be employer may submit an application for a work permit on behalf of an FDW currently working for someone else if her last medical was done less than 147 days earlier. Otherwise, the FDWwould have to undergo her 6-monthly medical before an application is made for another work permit. | |
| 24) | So what's new for first-time employer of FDW's? |
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From 1 April 2004, those who have never employed an FDW have to attend
a 4-hour Orientation course and pass a test at the end before their
application for a work permit for an FDW will be considered.
Internet-savvy employers may sign up for an internet course, instead. More about Orientation for first-time employers of a foreign domestic worker The Association of Employment Agencies (Singapore) conducts seminars for first-time employers. Click here to know more about the Employers' Orientation Program, and view the schedule of Seminars and download the Registration form. Singapore Polytechnic offers an on-line course on the internet and the IT-savvy would-be employer may sign up for it instead of attending the 4-hour course in person. Important Note: When signing up for the Orientation, be sure to give your name exactly as it appears in the passport and the passport number should also be identical. Eg: 12345 is not the same as 012345. WPOnline is not intelligent enough to equate John Langdon Smith with Smith John Langdon or 12345 with 012345. |
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| 25) | What is minimum age set for a Foreign Domestic Worker? |
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From 1 January 2005, Foreign Domestic Workers must be at least 23
years of age before MOM will issue them a Work Permit - regardless of
the age stated in the Passport. If the Work Permit Department is
convinced that there is an error in the date of birth as stated in the
Passport, it has the power to deny a would-be FDW a work permit.
In that case, when the normal 14-day visit expires, it will not be renewed and the would-be FDW will have to leave. |
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| 26) | What is the maximum age allowed for a Foreign Domestic Worker? |
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Work Permit Department will ordinarily not issue a Work Permit to an
applicant who is fifty years or older. However, if the FDW has been
working prior to reaching the age of 50, WPD will consider waiving
this rule when the would-be employer appeals against any rejection of
the application.
However, there will be no more renewal when the FDW turns 60 - the mandatory retirement age for an FDW. |
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| 27) | What documents are required to employ a foreign domestic worker (maid)? |
Singapore and Malaysian citizens or Permanent Residents
Generally same as for locals. However note the differences:
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| 28) | How good are the one-dollar agencies? |
| On the surface, very good. Considering that one dollar will not fetch a bowl of wanton soup, one dollar is chicken feed. Imagine, if you have to submit an application for a work permit, your bus fare to MOM will exceed one dollar. So is the Employment Agency which charges one dollar a profit-making body or a charitable organisation? | |
| 29) | What is this Entry Test for first-time FDW's? |
| From 1 January 2005, foreign women may work in domestic situations in Singapore only if they have at least 8 years of formal education. In addition, from 1 April 2005, they will also have to pass an Entry Test. Failing this, their provisional work permit will not be confirmed and they will have to go home. This will burn a hole in someone's pocket. If the contract stipulates that the maid Agency should repatriate the unsuccessful FDW, its risks are increased and it appears likely that they will have to mark up more to avoid a loss. What will the one-dollar continue to charge one dollar? |