Marina Bay Sands Migrant Construction Workers Exploited By Contractors
24 October 2011
Between 2009 and 2010, dozens of workers approached HOME for assistance regarding pay disputes with their employers at the Marina Bay Sands Project. Several of them agreed to speak to the BBC to tell their story.
Eleven to thirteen hour shifts were common. Sometimes they even had to work overnight in order to meet the tight deadlines imposed by their employers. In this time card, it shows the worker having to clock in 26 hours of work.
Many of them also had to sleep in overcrowded, bed bug infested living quarters.
Their contracts were often hastily signed at the airport before departing for Singapore and they were often one-sided, exploitative and in violation of Singapore labour laws.
Here are the clauses of one of the worker’s contracts, which we have translated into English:
The employment agency and the employer based in Singapore (as stated in the work permit) undertake and declare our intention to recruit construction workers. This call is voluntarily answered by workers from China, and successful applicants are either subject to the technical skills requirements as stipulated by the Singaporean government, or already possess the relevant vocational qualifications. To explicate responsibilities and to ensure that the overseas deployment of workers is carried out smoothly, this mutually agreed upon and legally binding contract is hereby signed to protect the interests of both employment agency and worker.
This contract is hereby signed by the worker under a clear state of mind, without any threat of force or deception, after careful consideration and with support from family and friends.
Clause 1: Time frame of work and other conditions
1.1 This contract stipulates a contract term of work of 2 years (24 months). Failure to work up to 24 months from the issuance of the work permit will be managed in the following two ways. If the missing work hours amount to 30 days or less, the effective date of the end of contract as stipulated by Singapore’s Ministry of Manpower will be in force. For missing hours that amount to more than 30 days, please refer to clause 7 of this contract.
1.2 The worker must be healthy and able to pass the health examinations in Singapore upon embarkation, must not fear heights, working under hot weather, adaptable to work at high locations, in deep recessed ditches or at sea. The worker must be willing to work in housing development projects, harbors, bridges, tunnels and other construction projects, up to a period of two years, where the worker will be based in Singapore.
Clause 2: Responsibilities of the worker
2.1 The worker understands and abides by the remuneration terms as laid down by the employer in Singapore, which could be based on piecemeal basis or shift work, where the rate of remuneration is based on the worker’s productivity; the worker understands that the monthly salary is not fixed and fluctuates according to nature of the work; the worker understands that such work involves exposure to harsh elements of weather, and that the work conditions and hours of work may change without notice, and the worker must not create trouble for the employer because of these conditions, including venting frustrations, disrupting work or even going on strike.
2.2 The worker abides by all rules and regulations as stipulated by the Singaporean employer with regards to work discipline. If the worker is found to have breached any of these guidelines, he shall be subject, unconditionally, to punishment and any other kinds of sanction as deemed to be appropriate by the employer. Whilst working in Singapore, the worker agrees not to enjoy any paid vacation leave or public holidays. Without medical documentation from a doctor, any absences from work will amount to $50 of pay deduction for every day of missed work. Continued absence from work up to 3 days or more will constitute a breach of contract, and the employer has the right to terminate the contract prematurely and deport the worker, and all repatriation fees will be paid for by the worker.
2.3 The worker must not perform job tasks using methods not stipulated by the employer. Any resultant damages to the work site due to non-adherence to company’s operational guidelines shall be paid for from the worker’s wages.
2.4 The worker must work according to project and architectural plans to ensure the quality of project, and also be responsible for the clearing of remaining debris at the worksite for the commencement of the next phase of work. The worker should not be wasteful with construction materials, nor lose or damage work tools and equipment. The costs of any form of misuse of equipment or wastage of materials shall be borne by the worker.
2.5 The worker must abide by the demands of the work and the arrangements made by management personnel, including being asked to work in areas where the worker may not be technically trained in (for instance, a carpenter may be asked to assist in cement works, in metal works and other forms of job tasks). The worker must not ask for additional wages or decline deployment in these other job tasks, failing which, the employer may regard the worker as being absent from work.
2.6 The wage rate and payment methods shall be stipulated by the terms in this contract, and the worker in signing this contract agrees to the terms described herein. Under no circumstances should the worker raise objections once within Singapore, by comparing his wages with workers from other countries or other Chinese workers. The employer has the right to reward better performing workers and to sanction against poor performers.
2.7 The worker cannot choose the jobs and work groups assigned to him by the employer. With regards to harbor works and other special job tasks, work hours are regulated by the tide hours and other environmental factors, and the worker should follow orders and report to work on time, and not use the changes and adjustments in work hours as an excuse to miss work or to request for more wages. The employer has the right to assign the worker to different work sites depending on conditions, and the worker must abide by the instructions given, failing which, the worker is deemed to have skipped work and will be managed as such.
2.8 The tools and materials assigned to the worker for the purpose of work should be well taken care of to prevent damages and wastage, failing which the employer can choose to suspend work for the worker or to demand compensation from the worker for any damages incurred.
2.9 The worker must proactively engage in all activities organized by the employer, including meetings. The worker should not be late, misbehave, or absent from such meetings. Misbehavior includes work stoppages, unsafe work practices, absence from meetings, unreasonable rebuttals against the employer, causing the Singapore government or the main project contractor to fine the employer; the employer has the right to make the worker accountable for 100% of any damages resulting from such misbehavior.
2.10 The worker must live and work harmoniously with his co-workers whilst in Singapore. There should be no quarreling or fighting between workers, or the employer will intervene, and workers involved in fights will be fined for SGD$200 by the employer, while more serious offenders will be fired or have their details reported to the police. The worker must not shout at, intimidate, threaten any of the employer’s staff members, failing which a fine of SGD$100 will be imposed, or for more serious cases, the offending worker will be fired and referred to the police.
2.11 Whilst in Singapore, the worker cannot make any public commentary that hurts the interests of the employer. He must not create trouble and tarnish the reputation of the employer by complaining to various departments and ministries of the Singapore government, failing which, the employer reserves the right to demand the worker to pay for any fees incurred by the employer, such as transportation fees (SGD$100 per trip) or for the attendance of meetings (SGD$300 per meeting) to address these complains.
2.12 Personal tools will be issued only once to workers for their work. Such tools should be well cared for by the worker, and should the tools be damaged or lost, the worker agrees to bear all costs associated with the purchase or repair of the tools.
2.13 Upon arrival in Singapore, the passport and work permits shall be kept by the employer because foreign workers seeking medical attention will require their passports. When required for medical reasons, the worker may withdraw the documents from the employer temporarily and must be returned once done. Workers who lose their documents or those who fail to return them shall be referred to the police and fined by the company for SGD$500. Safety regulation certificates and technical certificates of the worker will also be kept by the employer.
2.14 Safety equipment such as one pair of safety boots, one safety helmet and a pair of gloves will be issued to the worker only once. For workers stationed at harbor projects, one life vest will also be issued. The worker will be responsible for the lost and damage of these items, and they should be returned to the employer upon completion of project or when there is a change in work requirements.
Clause 3: Worker’s salary payment method and other benefits
3.1 In principle, the salary of the worker will be computed based on (a) the successful and timely completion of job tasks assigned to a group of workers, or (b) based on the productivity rate of the worker. In all circumstances, the employer decides how to compute the salary of the worker and it shall be subject to the employer’s assessment of the worker’s attitude and level of productivity. If the worker is diligent, the computed salary based on level of productivity may reach SGD$1250 to $1500 per month (inclusive of rewards for full attendance at work). As the salary computations are premised on the piecemeal completion of job tasks, the worker does not enjoy paid annual leave or paid medical leave.
The average earnings of all workers in the company is SGD$1375.
3.2 Under normal circumstances, the employer does not implement hourly rates for computation of salary, but reserves the right to choose to calculate monthly wages at a standard rate of SGD$20 for 8 hours of work when required. To simplify calculations, the computed working hours will be SGD$30 per 8 hours per work day, or at an hourly rate of SGD$3.50, which is based on an average work day (inclusive of overtime work and work on public holidays). The worker cannot ask for overtime pay or a higher rate for working during holidays. Similarly, this way of computing wage rates do not include the medical costs, living expenses and other administrative costs that are paid by the workers themselves.
3.3 If the quality or volume of work performed by a worker does not meet expectations as stipulated, no salary or a 90% deduction of salary will be computed for that month, until requirements have been met. The segment of work that was incomplete or unsatisfactory will be carried out by others, and the cost of labour for hiring these other workers will be deducted from the worker’s salary.
3.4 The worker’s salary will be withheld for three months and is subject to miscellaneous fee deductions by the employer. The currency of remuneration is in Singapore dollars. Upon the expiration of the work permit, the outstanding wages owed to workers for the last 3 months of work will be paid in one lump sum. However, the employer reserves the right to inspect the work cards of the worker, and may choose to pay the worker through the agency in China, two weeks after their return home from Singapore.
3.5 The worker shall be personally responsible for all living expenses whilst in Singapore. The employer will provide lodging and basic living amenities either on site or nearby, at a cost of SGD$120-180 per month to the employer for every worker. Whilst employed in Singapore, the worker agrees to pay SGD$60 per month for lodging and utilities (deducted from the worker’s salary every month) and the balance will be subsidized by the employer. If the worker is injured during the course of work, the company will not subsidize the cost of lodging and utilities (the injured worker must pay SGD$120 per month or SGD$4 a day), and it will be deducted from the worker’s monthly salary.
For centralized and effective management and to ensure the safety of the worker, the living conditions will differ depending on the varying conditions of different worksites, and the worker must not be choosy, or refuse the lodging provided, nor should he seek alternative lodging, failing which the employer reserves the right to charge the worker the costs of lodging and utilities regardless of where he chooses to stay.
3.6 The personal income tax will be paid by the worker himself. Following Singapore’s income tax laws, the worker must complete at least two years of work in Singapore (stretching into the third year) to be eligible for tax exemption. Thus, if the worker becomes injured, or for personal reasons terminates work, there is the possibility that he must bear 15% of the income tax, and this amount must be cleared before the worker returns home from Singapore. The employer reserves the right to deduct the amount from the worker’s salary to pay the Singapore government on the worker’s behalf.
3.7 The employer reserves the right to adjust, according to conditions, the rate of payment of segments of work within a project. If the rate of payment is increased this way, past rates of computing the wage rate for the earlier segments of work remains unchanged. If there is a reduction in the rate of payment in a segment of work, the employer need only inform the worker beforehand and it will be in effect immediately. The computation of wages will always be contingent on the nature of different projects.
3.8 To encourage the worker to work hard, each month, the employer will reward outstanding workers SGD$30 which will be disbursed along with the monthly wages (specific details will depend on the employer).
The employer will implement a reward scheme for long term service (specific details will depend on the employer). On the third year of employment, the worker will receive a monthly pay raise of SGD$30, and the amount will be adjusted to SGD$40 for the fourth year. For workers who have been with the employer for 5 years or more, a pay raise of SGD$50 will be given.
3.9 If the employer has no projects and cannot assign the worker to any job, causing frequent stoppages in work within the course of a month, or if the worker has no work for a continuous period of 7 days (as stipulated by the Singaporean government), the employer will pay the worker at SGD$8 for every non-working day exceeding 7 days. If these work stoppages occur because of natural or environmental factors, the employer will pay the worker at SGD$6 for every non-working day exceeding 7 days. These revised rates arising from unexpected circumstances do not exempt the worker from paying other administrative costs, including lodging, utilities and living expenses.
Clause 4: Payment methods for other miscellaneous fees
4.1 The worker will bear all costs associated with the taking all required tests and examinations in China, including the Singapore BCA technical exam, which is administered in Nanjing and Hangzhou. Food and living expenses incurred during the taking of this exam will be paid for by the worker.
4.2 To facilitate the worker to take these exams, the employer in Singapore will first pay the cost of registration for the exams and associated costs, amounting up to RMB$2000. The worker should repay the sum to the employer before embarking to Singapore for work. Upon successful completion of the technical exams, the certificate will be kept by the employer, and will be returned to the worker only when the worker returns home.
4.3 The employer will purchase, on behalf of the worker, a return air ticket from Shanghai to Singapore and back, for the duration of the work contract. The cost of this ticket, amounting to RMB$4000 will be paid for by the worker himself.The agency will help to pay for the requisite costs associated with the departure of the worker from China (such as preparation of passports and medical exams), but all other costs, such as airport taxes, excess baggage fees, travel insurance, medical exams, and etc. upon return to China, shall be paid for by the worker himself.
4.4 Within the first two years of employment, the worker agrees to pay the agency RMB$11000 for administrative fees incurred by the agency for the purpose of preparing for the worker’s overseas employment (this does not include the costs of the return air ticket and exam fees), and payment will be made on two occasions. The first payment of RMB$6000 must be made prior to the worker leaving the country and the balance of RMB$5000 (SGD$1000) should be paid after the worker has left the country (deducted by the employer in Singapore from the workers salary from the 7th month of his employment, at SGD$100 per month, until the amount has been fully paid). Except for situations related to the agency or the employer, which causes a premature termination of this work contract, this administrative fee of RMB$11000 is not refundable regardless of the duration of the worker’s employment in Singapore.
Clause 5: Conduct of worker in Singapore and disciplinary measures
5.1 The worker must be law-abiding once in Singapore, and upon violation of any labour laws, the worker will be subject to sanctions by the employer or the Singaporean government, resulting in the termination of employment and deportation, or even face serious legal action such as caning, jail sentence, deportation, and blacklisting from future employment in Singapore. The employer reserves the right to pursue all forms of legal redress and costs of repatriation against the worker if the worker causes any kind of trouble for the employer. Such costs will be deducted from the workers salary. If the worker has insufficient funds for such deductions, the employer has the right to seek damages in Singapore or China’s courts. The details are outlined below, where
The worker shall only work for the employer, and cannot change employer as he wishes or to run away
The worker cannot become the partner, shareholder or CEO of any company
The worker must not be engaged in any illegal activities, including the selling contraband cigarettes
The worker must not cohabit with any Singaporean or permanent resident, nor bear children with these parties
The worker must not gamble, nor should he visit prostitutes
The worker must not skip work for more than 3 consecutive days
The worker should not, under any circumstances, engage in any forms of labour unrest or strikes
The worker must not instigate trouble, sign petitions or perform public sit-ins
The worker must not issue any public statement that is detrimental to the employer’s interest, defame the employer or to slander against the employer to any Singaporean government agency or ministry
When the worker is met with a work injury, the worker can only seek compensation through the employer, and must not seek redress from any governmental agency or ministry without notifying the employer, causing financial loss and hurting the employer’s reputation.
Clause 6: Work safety, medical care and work injury matter
6.1 Singapore’s work safety regulations are very strict. The worker must abide by and consciously adhere to the Singapore government and the employer’s requirements for work safety. The worker agrees to be held accountable for any of his actions that are deemed to be violations of these safety standards in the course of his work.
The employer is the custodian of the worker while he is in Singapore. When the worker is involved in a work injury, he must adhere closely to the requirements of the employer in the investigation of the work accident. If the incident is verified to be work related, the employer will follow the attendant laws in Singapore to make a report submission for work injury claims on behalf of the worker. There is a dedicated department in the Ministry of Manpower in Singapore that oversees work injury compensation, and their assessment will be fair and just.
As such, the worker must agree that the work injury compensation amounts approved by the Ministry of Manpower in Singapore to be final, and the employer will not be held for any additional compensation. The worker also agrees that he will not approach any other party (such as insurance agencies or the Ministry of Manpower) for resolution, that he will not seek any legal opinion with regards to his compensation, thereby disrupting the employer’s work routine. Failing which, the employer has the right to seek compensation from the worker, any damages incurred to the employer’s finances or reputation.
6.2 If the worker complains to any governmental agency and tarnishes the employer’s reputation, causing the employer to recruit the services of professionals to address these issues, the employer reserves the right to demand the worker to compensate between SGD$100 to $300 per trip, for all administrative, transport and man hour fees. These deductions will be made on the worker’s monthly salary.
If the worker seeks legal representation or any other form of legal redress for the work injury compensation, the employer has the right to demand the worker to compensate between SGD$100 to $300 per trip, for all administrative, transport and man hour fees. These deductions will be made on the worker’s monthly salary. Furthermore, during this period of dispute, all the immigration paperwork previously handled by the employer on the worker’s behalf will now become the sole responsibility of the worker and his appointed representatives.
If investigations by the insurance company and other relevant authorities reveal that the work injury is not self inflicted and the injuries has been verified by a doctor, the compensation amount and medical leave wages will be computed based on labour laws in Singapore and conditions stipulated by the insurance company. As such, the medical fees incurred on the day of the accident will be covered by the employer, but all subsequent treatments will be paid by the worker until the insurance company has paid both the employer and the worker. Similarly, the medical leave wages will only be paid to the worker by the employer once the insurance company has made the payment to the employer.
6.3 The injured worker must follow the employer’s instructions, visiting only stipulated clinics or hospitals to verify the extent of the injury. The worker must not, without informing the employer, approach another clinic or hospital for medical aid and injury verification, or all related medical costs will be paid by the worker himself, and the employer will not report the work injury case on behalf of the worker.
6.4 If after 45 days the worker is still unable to return to work, the employer has the right to cancel the worker’s work permit. As the employer files the work injury claims on behalf of the worker, the worker may return home to wait for compensation, where the sum will be sent to the worker or his family. If the worker insists on staying to wait for his compensation, the worker must bear all costs associated with his extended stay.
6.5 To ensure the basic living standards of the injured worker, all unpaid wages to date prior to the accident will be converted to a living allowance to be disbursed to the injured worker at SGD$100-150 per month. The outstanding salary arrears will then be fully repaid until he recovers or when he returns home from Singapore.
6.6 When the work injury case is being processed by the Ministry of Manpower, the worker must abide by regulations set by the employer. This means that from the date of injury onwards, the worker must continue to pay for his lodging and utilities arranged by the employer at SGD$4 a day, and must sign in his attendance twice a day. Failing which, the worker will be fined SGD$20 every time he forgets to sign in, and SGD$40 for each day of unpaid lodging rental and utilities fee. These deductions will be made on the worker’s unpaid salary.
6.7 If the work injury occurred because the worker was not abiding by safety standards (and the employer can produce evidence to prove this), the worker must bear all related medical costs and also compensate the employer at SGD$200 per month for each month of unfulfilled contract with the employer. These deductions will be made from the worker’s unpaid salaries. Furthermore, the agency in China reserves the right to seek damages from the worker for a sum of RMB$15000.
6.8 If the worker intentionally injures himself to gain compensation, the employer shall report the case to the police for fraud and will press charges against the worker. Similarly, all attendant medical costs will be paid for by the worker, and the employer will confiscate the SGD$5000 security deposit paid by the agency and all unpaid wages of the worker. Consequently, the agency will initiate a civil suit against the worker for RMB$25000 for the agency’s financial losses.
6.9 If the work accident results in the death of the worker, the employer and the agency will arrange for the body to be cremated, and will send the remains back to China. The costs will be paid by the employer (limited to accident cases covered by insurance policies and Singapore labour laws). If the death is not work related (such as illness, traffic accident, etc.) the employer will still bear the costs of sending the remains back and will also refund the security deposit. Under no circumstances should family members of the deceased worker request to enter Singapore for funeral arrangements, and the employer will not bear any of these costs.
6.10 The costs associated with the worker’s own seeking of medical treatment, outside of employer’s arrangements, shall be the worker’s responsibility. Unpaid medical leave will be granted to workers with genuine cases, who have sought medical aid from clinics and hospitals stipulated by the employer. Medical leave should not exceed 14 days in one work year, and if the worker exceeds this amount, the employer reserves the right to refer to clause 7.2 of the contract for further action. The employer can deduct from the workers salary, all costs associated with the worker’s own seeking of medical treatment outside of employer’s arrangements.
6.11 During the worker’s employment in Singapore, the worker should be mindful of his personal hygiene and the cleanliness of his living quarters, especially with regards to dengue fever as caused by mosquitoes. If the worker is discovered to have contracted dengue fever in the course of work or staying at employer arranged housing (and verified by Singaporean authorities), the employer will pay for the medical and hospitalization fess of the worker, and will also provide a living allowance for the worker at SGD$5 a day. However, there will be no pay during this period of medical absence. But if the worker contracts dengue fever outside of work and employer stipulated lodgings, the employer will not bear any responsibility for the worker’s medical fees.
6.12 In accordance with the Singapore government, medical insurance is requirement for all workers (to cover the costs of hospitalizations not covered by typical labour insurance schemes). The employer shall purchase medical insurance on behalf of the worker for risks of hospitalization (max. SGD$5000 per year), annual premium will be SGD$80 (details will be determined by the insurance companies) and will be deducted from the workers salary.
Clause 7: Others
7.1 The agency has clearly explained to the worker, that the worker must carry personal identification at all times whilst in Singapore, as a precondition for the successful application of a work permit in Singapore. If the worker fails to bring along the necessary documents, or if there are errors in the personal identification documents, and is therefore unable to receive a work permit from the Singaporean authorities, all costs, including repatriation back to China, will be the worker’s responsibility.
7.2 The following measures will apply if the worker returns home without having fulfilled the complete terms of service of 2 years:
a) If the contract is not fulfilled and the worker requests to return earlier than expected because of “personal reasons”, the worker needs to repay the employer all loses (calculated according to SGD$200 per month for each unfulfilled month of the contract period of 2 years, which would be used to hire a replacement because of the worker’s exit), and will be deducted from the worker’s salary. These “personal reasons” include:
1) The worker has familial/domestic matters to attend to back in China
2) The worker is sick or physically unfit for work
3) The worker is injured and is awaiting insurance compensation
4) The worker requests to return home without any valid reasons
5) The worker is violated Singaporean laws
6) Any other reasons given by the worker but not mentioned here
Under all circumstances, where the worker returns to China without having fulfilled the 2 year contract term , all fees associated with the deployment of the worker overseas (including fees payable while in China, and deductions made overseas), return airfare, exam fees, etc., will not be refunded to the worker. If the worker returns early and overseas deductions made on his salary is still outstanding, the worker agrees to allow the overseas employer to make a lump sum deduction on his unpaid salary for all outstanding deductions.
b) If the employer decides to terminate the services of the worker before the completion of the 2 year contract term, all fees associated with the deployment of the worker (including fees payable while in China and deductions made overseas) and airfare will be refunded back to the worker at a pro-rated basis. The exam fees will not be refunded in this case. There will be no refund whatsoever if the contract term of two years has been fulfilled.
c) If the worker has a bad working ethic, constantly challenges the authority of the employer, and gets fired and deported as a result of his behaviour, all fees will not be refundable, and all overseas deductions will be made on the workers salary.
7.3 If the worker violates any laws whilst in Singapore, he will bear all legal and financial responsibility. The worker cannot demand the employer to bail him out, and the employer reserves the right to deduct from the workers salary without prior notice, all reputational and financial damages associated with the crime committed by the worker.
7.4 The deduction agreement which is signed by the worker, is attached to this contract as a supplement, and also serves as a legal binding document.
Clause 8: Acknowledgement by guarantor
8.1 The guarantor is accountable for the worker’s character, health, work ability (technical skills), and his work performance overseas, etc.
8.2 If the worker is unable to repay all outstanding fees (including deductions and fines), the guarantor will be held responsible.
8.3 If the worker cause any financial and/or reputational damages to the employer and/or the agency, the worker and the guarantor will be liable for compensation of up to RMB$20000. As and when determined by the agency, the agency can seek legal avenues to recover the compensation amount.
Upon arrival in Singapore, there will be a deduction of RMB $5000 (SGD$1000) as a bond for the third year of the worker’s service in Singapore. If for any reason the worker decides not to stay in Singapore for the third year of service, the bond will be forfeited by him.
If the employer is unable to apply for the continuation of work beyond the second year, the bond for the third year of service at RMB $5000 (SGD$1000) will be returned to the worker.
Overseas Work Deployment Contract
Additional Clauses
With regards to the contract signed earlier between the agency and the applicant, this additional amendments made here will be held in joint effect with the contract signed earlier.
Upon arrival in Singapore, there will be a deduction of RMB $5000 (SGD$1000) as a bond for the third year of the worker’s service in Singapore. If for any reason the worker decides not to stay in Singapore for the third year of service, the bond will be forfeited by him.
If the employer is unable to apply for the continuation of work beyond the second year, the bond for the third year of service at RMB $5000 (SGD$1000) will be returned to the worker.
Agent: She Yang Sheng Tong Zheng Labour Relations Limited
Representative: Mr. Liu Han Ying
Date: 8 Feb 2007
Worker: