October 21, 2024
SINGAPORE – For nearly four months in 2024, while she was under police investigation, Filipino domestic worker Nathalie (not her real name) fretted about how she would pay for her daughter’s school fees back home.
Nathalie, who was accused of theft by her employers in January, could no longer work as a maid while investigations were ongoing. But the 47-year-old was thrown a lifeline in February when the authorities gave her permission to find temporary work. She landed a six-month contract as a hotel housekeeper in April.
Years ago, it would have been rare for foreign workers accused of crimes like her to get permission to work while awaiting the outcome of investigations.
Groups that help migrant workers say that in recent years, the authorities have been more willing to allow domestic workers accused of crimes to work while they are assisting with investigations.
These non-governmental organisations (NGOs), employment agencies and foreign embassies point out that in the past, permission to work under the Ministry of Manpower’s (MOM) Temporary Job Scheme (TJS) was commonly granted only to workers who were victims of alleged crimes.
Nathalie, who has worked in Singapore for 13 years, was relieved and thankful she was able to work.
“Before that, it was painful not being able to provide for my daughter because it felt like I had not fulfilled my responsibility as a mother,” she said.
In September, the police concluded that there was no case against Nathalie after they found no evidence for the allegations.
Migrant workers here involved in investigations – including domestic workers – are put on special passes so they can remain in Singapore during the investigation period. They are not allowed to return to their old jobs while on this pass.
TJS is a scheme that allows special pass holders to work in temporary jobs during the interim period to sustain themselves and provide for their family back home while their cases are ongoing.
Rights groups said allowing accused persons like Nathalie to work is a welcome shift from past practice.
An MOM spokesman said workers are generally allowed to work under the TJS, “unless there are concerns over public safety or interference with investigations”.
“Those who need help to secure a job will be referred by MOM to employment agencies to facilitate their job search,” he said.
Over the last few years, employment agencies and the Humanitarian Organisation for Migration Economics (Home) began noticing accused domestic helpers being given permission to work under the TJS.
Passion Employment Agency director Low Moon Heng said that for the 10 years until the middle of 2020, all maids he had placed in temporary jobs were victims of alleged crimes, and not those who had been accused of offences.
In 2023, he placed about 100 domestic workers in temporary jobs, about 20 of whom had been accused of crimes. “What happens now is that, unless it is a very serious offence like the applicant being accused of abusing the employer’s children, the rules have been relaxed a bit so that these helpers can work,” said Mr Low.
Employment agencies say these workers often get six-month contract jobs as hotel housekeepers, dishwashers in restaurants, or domestic workers.
They add that not all employers are willing to hire such workers, but among those who do, some have given positive feedback about these women, who tend to be determined to prove they are honest and capable workers.
Ms Jaya Anil Kumar, Home’s senior manager for research and advocacy, said the NGO noticed that from the second quarter of 2022, the authorities started granting accused workers permission to work.
Between that period and the end of 2022, about 70 per cent of accused maids that Home assisted had their TJS applications approved, although that figure is closer to 50 per cent today, she said.
A 2023 study by Home that examined the cases of 100 domestic helpers found that 18 were formally charged. The remaining 82 were either given a stern warning, told that no further action would be taken against them, or had their cases dropped.
Ms Ade Rina Chaerony, acting labour attache at the Indonesian Embassy, said about 10 per cent of accused domestic workers the embassy has assisted were eventually charged in court.
She added that the Indonesian Embassy, which currently has 27 helpers at its shelter, first observed accused helpers being given permission to work under the TJS in April 2023.
Rights workers like Ms Jaya said all migrant workers – whether they are accused persons or victims – should be allowed to work during investigations because refusing them temporary employment when investigations are ongoing penalises them before they have even been found guilty.
“The effects of unemployment for low-wage migrant workers can be devastating, given that they are usually sole breadwinners, and have to face the anxiety and uncertainty of being part of criminal investigations in a foreign country,” she said.
Agencies and migrant advocacy groups noted that even after investigations are concluded and these workers are allowed to resume work as maids, many find it hard to find a new employer.
Mr Low said that even domestic helpers who are victims of crimes – of whom most are victims of physical abuse by their employers – also face barriers to employment after their cases are closed.
“There is a stigma that a runaway helper will not be a good worker because she might run away again,” he said.
As for Nathalie, her former agency refused to take her back after investigations closed in September. But she told The Straits Times on Oct 3 that she managed to find another agency which landed her an interview with a prospective employer.
“My (old) agency said they aren’t sure if an employer will want to hire me because I had this case. But the case is already closed, I am not guilty of anything, and I did good work for them for three years,” said Nathalie.