Consumer rights in Singapore are still hampered by weak enforcement measures. This scenario painted by the forum letter writer also highlights the tension between the rights of the consumer and the rights of the foreign domestic worker.
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Straits Times Forum
Nov 1, 2007
It isn't easy for maids' bosses to seek redress
I REFER to the letter from the Consumers Association of Singapore (Case), 'Misleading data on maids: Bosses can seek redress' (ST, Oct 22).
Employment agencies are expected to provide true and accurate data to employers but most do not do so; neither do they care if an unsuitable maid is passed off to a family as they earn fees each time a maid is transferred.
CaseTrusted agencies may look good on paper but the accreditation does not count for much. When I approached Case over a dishonest maid agency, it explained that all it could do was send letters to the agency requesting it to 'do the right thing'.
The agency could ignore the letters and that would be the end of the matter. Case does not have any binding legal powers.
You may then consider taking your case to the Small Claims Tribunal. However, it also does not have any power to enforce a legal judgment.
I have been there too. The maid agency I had a dispute with sent a junior employee to the compulsory arbitration session who was unable to come up with a solution despite two mediators requesting the agency to find an amicable solution.
Meanwhile, the agency boss sat in his office in some dinghy shopping centre waiting for his employee to call so he could say 'no' continually as he preferred to have the matter taken to civil court. For the sum of about $3,000 (agency fee of up to $800 and outstanding maid loan paid by the employer of up to $2,000), it is not worth the employer hiring a lawyer and taking time off work to take the matter to court.
The time has come to regulate, through legislation, the conduct of maid agencies as breach of duty of care and non-disclosure are not one-off incidents.
A clean-up of the industry would also curtail problems of maid abuse, as it would ensure that employers get maids with the experience stated in their biodata, rather than, say, underaged and inexperienced maids with false passports.
It would also help if the 'maid loan' could be done away with as it is not fair for the employer to have to assume this responsibility. Let this issue be between the maid and her lender.
If the maid turns out to be unsuitable, the employer who has paid her loan upfront has no choice but to transfer her, or else forfeit the loan if he sends her home. This is why a lot of dishonest maids are recycled, to the advantage of agencies, which continue to collect transfer fees.
Tjio Swat Lianne (Mdm)
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Straits Times Forum
Nov 1, 2007
It isn't easy for maids' bosses to seek redress
I REFER to the letter from the Consumers Association of Singapore (Case), 'Misleading data on maids: Bosses can seek redress' (ST, Oct 22).
Employment agencies are expected to provide true and accurate data to employers but most do not do so; neither do they care if an unsuitable maid is passed off to a family as they earn fees each time a maid is transferred.
CaseTrusted agencies may look good on paper but the accreditation does not count for much. When I approached Case over a dishonest maid agency, it explained that all it could do was send letters to the agency requesting it to 'do the right thing'.
The agency could ignore the letters and that would be the end of the matter. Case does not have any binding legal powers.
You may then consider taking your case to the Small Claims Tribunal. However, it also does not have any power to enforce a legal judgment.
I have been there too. The maid agency I had a dispute with sent a junior employee to the compulsory arbitration session who was unable to come up with a solution despite two mediators requesting the agency to find an amicable solution.
Meanwhile, the agency boss sat in his office in some dinghy shopping centre waiting for his employee to call so he could say 'no' continually as he preferred to have the matter taken to civil court. For the sum of about $3,000 (agency fee of up to $800 and outstanding maid loan paid by the employer of up to $2,000), it is not worth the employer hiring a lawyer and taking time off work to take the matter to court.
The time has come to regulate, through legislation, the conduct of maid agencies as breach of duty of care and non-disclosure are not one-off incidents.
A clean-up of the industry would also curtail problems of maid abuse, as it would ensure that employers get maids with the experience stated in their biodata, rather than, say, underaged and inexperienced maids with false passports.
It would also help if the 'maid loan' could be done away with as it is not fair for the employer to have to assume this responsibility. Let this issue be between the maid and her lender.
If the maid turns out to be unsuitable, the employer who has paid her loan upfront has no choice but to transfer her, or else forfeit the loan if he sends her home. This is why a lot of dishonest maids are recycled, to the advantage of agencies, which continue to collect transfer fees.
Tjio Swat Lianne (Mdm)
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