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‘Return my blood and sweat money!’

makapaaa

Alfrescian (Inf)
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[h=2]‘Return my blood and sweat money!’[/h]

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May 10th, 2015 |
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Author: Editorial



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The Chinese media reported that 3 PRCs recently held up placards “还我血汗钱”
(“Return my blood and sweat money”), outside a terrace house along Lorong Ah Soo
that is under renovation, to ask for outstanding “salaries” amounting to
$80,000.

The incident happened on 2 May at about 2.30 pm, and the police were summoned
to mediate.

Mr Jiao, 47, from Anhui province, called the press to complain about their
plight. Together with another foreign worker, they undertook to provide painting
and cementing work. According to the contractual agreement shown by Mr Jiao, 2
of them were required to work for 4 months at the terrace house.

However, after 2 months, the contractor stopped paying them for 2 consecutive
months. The total outstanding payment stood at $15,000.

Mr Jiao called the contractor several times. Each time, the contractor would
say that he had no money and had to delay payment. Later, he refused to take Mr
Jiao’s calls.

Mr Jiao, at wits’ end, decided to stand outside the terrace house work-site
with the placard, and waited for the contractor to turn up so as to get his
money from him.

Whilst at the scene, the reporter discovered 2 other foreign workers who were
also there to look for the contractor to return their “salaries”.

The episode lasted about 30 minutes. During this time, the said contractor
was hiding inside the unit and refused to meet the 3 PRCs. Subsequently, the
police were called to the scene.

Mr Jiao told the reporters that he was going back to China and badly needed
the money. “I have a 90-year-old father, wife and children back in my hometown,
and I can’t do without the money,” he said.

Another PRC who was owed money, Mr Zhao, 44, told the reporter that he had
undertaken the project last year. He was in-charge of the metal scaffolding.
After starting work for a few months, he was owed a total of $22,500. “Whenever
I asked for my salary from the contractor, he always made up excuses, and I
found it very strange,” Mr Zhao said.

The third PRC claimed that he was owed a total of $43,000.

The reporter tried to call the contractor, but to no avail. In response to
media enquiry, a police spokesman replied that the case is under
investigation.

From the accounts of the PRC workers, there are several puzzling points to
note:


  • One of them produced a contract that indicated an agreement
    to undertake painting and cementing works. Is there a need for employer and
    employee to sign separate contracts for any specific scope of work?
  • The amount owed seems excessive for salaries.
  • Why did the PRCs not approach the Ministry of Manpower
    (MOM) if salaries are not paid?

Indeed, the dispute looks more like subcontractors chasing for payment from
the main contractor than employees demanding their salaries from their
employer.

If the foreign workers on work passes have acted as subcontractors, have they
not breached their work pass conditions? Have they not competed with an unfair
advantage in bidding for jobs over local subcontractors who have to bear high
business overheads?

The following is MOM’s regulation with regard to the issuance of work permits
for foreign workers:


http://www.mom.gov.sg/documents/services-forms/passes/wpspassconditions.pdf

REGULATORY CONDITIONS TO BE COMPLIED WITH BY FOREIGN EMPLOYEE ISSUED
WITH WORK PERMIT


1. The foreign employee shall not do any of the following without the prior
written approval of the Controller:


  • (a) apply for registration under the Business Registration Act (Cap. 32) to
    carry on any business in Singapore;
  • (b) carry on or manage any business in
    Singapore
    ;
  • (c) be or purport to be a director, manager or secretary of any company that
    is incorporated under the Companies Act (Cap. 50);
  • (d) be or purport to be a partner of any partnership that is formed in
    Singapore;
  • (e) be or purport to be a partner or manager of any limited liability
    partnership that is registered under the Limited Liability Partnerships Act
    (Cap. 163A);
  • (f) be or purport to be a general partner or limited partner of any limited
    partnership that is formed in accordance with the Limited Partnerships Act (Cap.
    163B).
Adding to the intrigue, if the said contractor knows that these “foreign
workers” – who really are subcontractors – are infringing MOM work pass rules,
would he not be confident they would not dare to approach the authorities or
resort to legal means to chase for any subcontracting payments due?

Does this not present an opportunity for someone to exploit their vulnerable
situation and deliberately not pay them? A classic case of “黑吃黑” (thieves
stealing from thieves)?

Is the incident above an indication of the systemic collapse of our once
proud system of governance?

What do you think?
 
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