Not All Workers Who Make False Work Pass Declarations Are To Blame

A version of this letter was published by The Straits Times on 21 February 2011.

Friday's article 'More caught for lying in work pass applications' does not present a complete picture of workers who have been convicted of declaring false information and submitting fake education certificates to the Ministry of Manpower to obtain a S Pass or an Employment Pass. HOME has encountered cases in which the fake education certificates were in fact procured by the recruitment agent in Singapore or their country of origin without the worker's knowledge. These workers would find out that their certificates had been forged only when they arrived in Singapore and would have had no intention of violating our laws in the first place. Some employers are also complicit in such unethical practices because they do not meet the criteria to hire lower skilled workers on a work permit pass. Therefore, they resort to hiring them on work passes meant for higher skilled workers. 

Even if the worker finds out that the submitted certificates are false, he or she may feel compelled to continue working and not report the matter to the authorities for fear of having their employment terminated. The worker would also have paid thousands of dollars in recruitment fees with no hope of a refund, since many employment agencies do not refund fees paid by workers. Employers and recruitment agents may also threaten workers with repatriation should they report the offence to the authorities. Such threats are effective in intimidating workers into compliance, considering the huge debts they have incurred for the opportunity to work here.

A migrant worker, especially one who is working in Singapore for the first time, usually arrives unaware of the distinctions among a work permit, S Pass and an employment pass. Often, their inability or limited understanding of English compounds this problem further, especially when legal documents and declarations signed by the workers acknowledging the authenticity of their documents are in English only. Pointing fingers at only the workers in such situations misses the full picture and would only prove insufficient in dealing with the problem. Recruitment agents and employers need to be held accountable too.