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$100 increase in salary threshold for non-workmen under Part IV of the Employment Act from $2,500 to $2,600 “too insignificant”: Assoc Prof Daniel Goh

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The $100 increase in salary threshold for non-workmen eligible for the additional protections under Part IV of the Employment Act from $2,500 to $2,600 is too insignificant, said Non-Constituency Member of Parliament Associate Professor Daniel Goh Pei Siong.

“Non-workmen” are classified under Part IV as white-collar workers who are not professionals, managers, or executives (PMEs).

“At first glance, this struck me as a miniscule enhancement. Upon reflection and research, I still cannot put my head around the significance of a $100 increase in the threshold,” said Assoc Prof Goh.

He added that while he understands that “the Ministry said this increase would result in half of the workforce being covered”, he questioned if this is “an increase from 40% to 50%”, or “from 48% to 50%” of the workforce.

“If it is the latter, it does not appear to be a meaningful increase,” argued Assoc Prof Goh.

“Just to illustrate, annual real wage growth in recent years is around 1.9%. This means that within two to three years, this $100 increase in salary threshold would be rendered irrelevant,” he said.

Assoc Prof Goh added: “In the 2014 amendment, the salary threshold for non-workmen was increased from $2,000 to $2,500. This was a significant increase, and the $100 increase this time round pales in significance compared to the $500 increase in 2014.”

The associate professor said that while he does not deny that “this amendment Bill is a progressive piece of legislation that would extend the protection of our workers”, particularly “in the midst of economic disruptions and uncertainty”, the “meaningless” legacy distinction between workmen and non-workmen in providing for additional protections under Part IV of the Employment Act should be removed altogether.

“I understand from former Minister for Manpower Mr Lim Swee Say’s reply to a Parliamentary Question by Ms Thanaletchmi in May 2016, this distinction is a legacy issue, and the Government’s longer term plan is to remove this distinction given the changing nature of our workforce,” said Assoc Prof Goh.

He added that while it is important for legislators to “balance employers’ concern with the rise in business costs”, the $100 increase appears to be “quite imbalanced against the favour of white-collared workers”.

“I believe the increase should be more substantial to better protect white-collared workers, precisely because this segment of the workforce has become a lot more vulnerable in recent years because of technological disruptions and the rise of artificial intelligence,” said Assoc Prof Goh.

Assoc Prof Goh also raised the proposed amendment related to the status of annual leave becoming a core provision available to all workers instead of workers eligible for benefits under Part IV of the EA, stating that while it is a “good and logical move”, it is “less progressive than it seems”. Providing for annual leave is already a common practice and an irreversible norm, so the law is only catching up with reality.

A more precise definition of what constitutes wrongful dismissal ought to be included in the proposed amendments

Assoc Prof Goh said that while the inclusion of forced resignations in the definition of “dismiss” in the EA “plugs a loophole that employers could use to get around wrongful dismissal allegations,” the Bill “misses the opportunity” to define what constitutes dismissal “without just cause or excuse”.

He also posed several questions regarding the tripartite parties’ role in building a framework for the Employment Claims Tribunal to work around in the process of handling wrongful dismissal claims:

[…] how would the tripartite guidelines on wrongful dismissal and factors for determining compensation amount, when they are issued, interact with the adjudication work of the Employment Claims Tribunal? What would be the legal status of the tripartite guidelines?

“Would the Tribunal be obliged to stay within the limits of the tripartite guidelines and if so, would not this be undermining the purpose of having the Tribunal adjudicate wrongful dismissal claims? If not, how should the Tribunal take guidance from the tripartite guidelines? Can the Tribunal override the tripartite guidelines in specific cases due to peculiar circumstances?

Assoc Prof Goh also brought up the issue of workers’ mental health in justifying wrongful dismissal claims.

He questioned if the guidelines would “cover unjust causes or excuses such as discrimination on ethnic, nationality, age, gender, religion, marital status, disability and mental health grounds”.

“I would like to stress that dismissal of workers because they are suffering from mental health problems should be considered wrongful, if these mental health problems could be treated and managed and would not substantially affect work performance.

“Mental health issues are prevalent in advanced economies such as ours and are often under-reported and go untreated because of the stigmatisation and lack of understanding of mental health issues. The same stigmatisation and lack of understanding is the basis of wrongful dismissals of workers with mental health issues,” said Assoc Prof Goh.

“Another unjust cause or excuse that the tripartite guidelines should cover is related to sexual harassment, as the threat and actuality of dismissal are often used by those in power to sexually exploit their subordinates,” he added.

Assoc Prof Goh argued that “the compensation and reinstatement of the workers (who were subjected to wrongful dismissal due to discrimination or sexual harassment) are not good enough remedies,” and that not only are such wrongful dismissals “unjust,” they are also “egregious violations of workers’ rights and social norms”.

“I believe that the Tribunal should be empowered to impose punitive sanctions in terms of fines and jail time for those guilty of these violations,” he said.

The issues of disguised retrenchment and false retrenchment were also brought up by Assoc Prof Goh under the subject of wrongful dismissal.

“Disguised retrenchment refers to the serving of termination notice to employees due to job redundancy without treating it as retrenchment so that retrenchment benefits do not have to be paid. If the employment contract contains retrenchment benefit provisions, then it would be clear that such cases should be heard at the Tribunal.

“If the employment contract does not contain retrenchment benefit provisions, then I would like to ask do workers in such cases have the basis to claim fair retrenchment benefits based on prevailing industry norms? False retrenchment refers to the retrenchment of workers not due to genuine redundancy but on unjust grounds such as discrimination. I believe in such cases, it is clear too that claims should be heard by the Tribunal,” he said.

He added that “the Tribunal is limited to awarding claims up to only $20,000,” which could be disadvantageous and even unfair to “highly paid PMEs” who would “likely be seeking claims for back wages and compensation that are much more than $20,000”.

“It would seem to be unreasonable and unfair to open up this avenue for redress for these PMEs while maintaining the jurisdictional limit for the claims. Would the cap be adjusted upwards after the passing of this Amendment? If so, what would be the new cap and why?” he questioned.

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Labour

MOM defends Dyson’s retrenchment process amid backlash over short notice period

Ministry of Manpower defended Dyson’s recent retrenchment in Singapore, stating that the company followed legal guidelines. However, Dyson’s one-day notice to the union has drawn heavy criticism. Public reactions have focused on the insufficient protections for workers and the perceived lack of transparency in the retrenchment process.

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SINGAPORE: The Ministry of Manpower (MOM) has defended Dyson’s retrenchment exercise in Singapore, following the company’s layoffs that occurred earlier in October 2024.

In a statement to local media on Saturday, MOM confirmed that Dyson submitted the mandatory retrenchment notification within five working days of informing affected employees, which the ministry stated was “on time” according to existing regulations.

Despite this, Dyson’s handling of the retrenchment, including the limited notice given to employees and its engagement with the union, has attracted significant public and union criticism.

Insufficient notice sparks union and public criticism

The United Workers of Electronics and Electrical Industries (UWEEI), which represents Dyson’s employees in Singapore, criticised the company for providing only a one-day notice before the retrenchment exercise.

UWEEI confirmed that it had been informed of the layoffs on 1 October, a day before they were implemented.

The union expressed disappointment, stating that the short notice left little time to engage with Dyson or support the workers before the exercise began.

While most of the retrenched workers fell outside UWEEI’s formal representation under its agreement with Dyson, the union escalated the issue to MOM for further review.

MOM responded by noting that because the affected employees were not unionised, the one-day notice to the union was legally permissible.

The ministry clarified that in cases involving unionised workers, companies are expected to give the union a month’s notice before retrenchments, allowing time for joint efforts to assist affected staff.

However, MOM acknowledged that giving early notice is “good practice” and builds trust between employers and unions, suggesting that Dyson’s failure to do so had eroded goodwill.

Despite these explanations, the public reaction has been largely critical, with many calling for a review of MOM’s retrenchment guidelines.

Critics argue that current laws allow companies to fulfil their obligations on paper while offering minimal protection to workers in practice.

MOM’s position draws criticism for being outdated

Dyson’s compliance with existing laws has not quelled the backlash, with many questioning whether MOM’s retrenchment framework is outdated.

One social media commenter noted, “It’s unfortunate that MOM’s mandatory layoff notice timeline is quite primitive and outdated, allowing corporations to execute retrenchments before MOM and the union are informed. This is not how tripartism works.”

Other critics have highlighted that the short notice period effectively limits any meaningful intervention by unions or employees, calling for reforms to increase the mandatory notice period.

“The one-day notice should be reviewed and banned. It should be done three months in advance, not one day. One day is no different from silent termination,” commented another individual.

Dyson’s retrenchment also underscored the lack of mandatory retrenchment benefits in Singapore, with some commenters pointing out that companies are not legally required to offer such benefits.

While Dyson did provide retrenchment benefits in line with the Tripartite Advisory on Managing Excess Manpower and Responsible Retrenchment—offering benefits to both long-serving and shorter-term employees—many feel that the broader legal framework allows for too much flexibility, leaving workers vulnerable.

Retrenchment process raises concerns over corporate transparency

The retrenchment, which became public in early October, was part of a surprise move by the UK-based technology company, catching many off guard.

Dyson had previously reassured employees in Singapore that its operations, which serve as its global headquarters, would not be impacted by a global restructuring.

However, layoffs were confirmed to have affected staff in the manufacturing and procurement departments, creating unease among workers and raising concerns about the company’s transparency.

Media reported that the layoffs were conducted discreetly, with affected staff receiving email notifications for one-on-one meetings with human resources representatives.

During these meetings, employees were informed that their roles had been made redundant.

One laid-off worker described the process as “surreal,” noting that colleagues quietly packed up their belongings after receiving their notices.

The layoffs took place just three months after Dyson assured its Singapore-based workforce that local operations would not be impacted by its global restructuring plan.

These assurances had followed job cuts in July 2024 that affected 1,000 positions in the UK, further fuelling anxiety among employees in Singapore.

Some employees expressed concern that further retrenchments could be forthcoming, citing the company’s previous phased layoffs as a precedent.

While the total number of employees affected by the October retrenchment remains undisclosed, the layoffs have had a visible impact on workplace morale.

According to one employee, “No one knows if more cuts are coming next week. People are shocked and have low morale.”

This uncertainty has been compounded by Dyson’s reluctance to provide detailed information about the layoffs or future restructuring plans.

Dyson’s defence and ongoing discussions on labour protections

Dyson defended its actions by stating that the company is adjusting its team composition to better align with future growth plans.

A Dyson spokesperson reiterated that the firm remains committed to Singapore and its ambitions in the region, despite the retrenchment.

The company confirmed that affected employees would be offered career support, including outplacement services and counselling, but it declined to provide specifics on how it intends to assist laid-off staff.

MOM’s defence of Dyson’s retrenchment process has sparked calls for reform, with many urging for stronger protections for workers in such scenarios.

In response to the public criticism, MOM has indicated that it will engage with NTUC and the Singapore National Employers Federation (SNEF) to review the implementation of Section 30A of the Industrial Relations Act.

This section allows unions to represent executives individually in retrenchment cases, even when they are not covered by a collective agreement.

As discussions continue, it remains to be seen whether the controversy surrounding Dyson’s retrenchment will lead to meaningful changes in Singapore’s labour laws, or if the issue will remain a flashpoint for critics of current retrenchment practices.

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Civil Society

TWC2 launches fundraising initiative for at-risk migrant workers

Transient Workers Count Too (TWC2) has launched a fundraising campaign to assist those facing challenges such as work injuries, wrongful termination or financial hardship due to underpayment disputes. The campaign, hosted on Give.asia, aims to raise S$36,000 to provide crucial support during these workers’ most difficult times.

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SINGAPORE: Transient Workers Count Too (TWC2), an advocacy group for migrant workers, has launched a fundraising campaign to support those facing difficulties, including work injuries, termination for requesting rightful salaries, or financial hardship due to disputes over underpayment.

The campaign, hosted on the Give.asia platform, aims to raise S$36,000 to provide a lifeline for these workers during their darkest hours.

The group stated that the funds will offer support to low-wage migrant workers in distress through various means, including meal assistance, phone top-ups, travel allowances, emergency shelter, and more.

TWC2 highlighted five types of workers in distress. For example, one cook was forced to perform unpaid work late into the night and was coerced into signing blank payslips.

He received less than half of his official salary, with his employer creating false timecards and payslips.

TWC2 specified the resources needed to assist migrant workers facing financial challenges over six months, including S$1,322 per month for an online helpdesk, S$876 for meal support, S$120 for phone top-ups, and S$80 for EZ-Link credit to attend Ministry of Manpower (MOM) appointments.

Worker Left Vulnerable After Company Closure: Loss of Housing and Belongings Leads to Months of Hardship

Another worker is struggling after his company closed down, leaving him without coverage for his injury.

Furthermore, his employer allegedly failed to pay his housing rent, resulting in the worker losing all his belongings, including his passport, cash, and clothes. He was left to beg and borrow clothes for nearly a month.

TWC2 stated that the funds will help him replace his passport, which costs around S$200, as well as cover S$2,228 for his monthly rent at the TWC2 shelter, S$480 for EZ-Link credit for travel to hospital appointments, and S$240 for phone top-ups.

The third case involves a migrant worker who was denied necessary surgery after suffering a finger injury from heavy machinery. Instead of being taken to the hospital immediately, he was brought to a small clinic, leading to an infection in his open fracture.

He was also pressured to return to his home country for treatment. Urgent surgery was delayed for 33 days because his employer withheld the necessary documents.

TWC2 is appealing for S$1,322 per month for online helpdesk support for this worker, S$1,898 for meal support, S$240 for phone top-ups, and S$480 for EZ-Link credit for travel to hospital appointments.

The fourth case involves a worker who was underpaid for overtime and rest day work.

He was fired after discussing information related to the Employment Act with his colleagues. His employer later contacted a potential future employer to disparage him.

This worker will require S$1,073 monthly to fund online information campaigns, S$120 for phone top-ups, and S$80 for EZ-Link credit to attend MOM appointments.

The fifth case concerns a worker who injured his back while lifting 50kg of cement. Although he was granted 300 days of medical leave, his employer did not report the incident to MOM, and the insurance company took over a year to investigate and accept his claim. The doctor instructed him to avoid catered food for health reasons.

TWC2 is seeking S$160 monthly for his groceries, S$120 for phone top-ups, and S$80 for EZ-Link credit to attend MOM appointments.

Part of this annual fundraising campaign commemorates International Migrants Day in December, which includes a luncheon, “Lunch With Heart,” for migrant workers to thank them for their contributions to Singapore.

TWC2 Highlights Ongoing Exploitation: Employers Bypass Laws to Undermine Workers’ Earnings

TWC2 noted that, according to Singapore’s Employment Act (Section 96), all workers should receive payslips detailing how their salaries are calculated and paid.

However, some employers still find ways to circumvent these laws, cheating workers out of their already low salaries. In 2023 alone, salary disputes rose by 55% according to MOM’s Employment Standards Report.

TWC2 emphasized that migrant workers who experience workplace accidents can be denied treatment by unscrupulous employers, despite being covered under the Work Injury Compensation Act. Even with medical insurance, they often lack access to it and may be sent back home with untreated injuries. The recovery process can be long and isolating, contributing to significant stress and mental health challenges for injured workers.

For these workers, a significant source of daily stress is financial insecurity.

“They are constantly thinking about providing for their family back home, ensuring loans are paid and sick family members have money for medical treatment. Essentially they are like us in every way.”

TWC2 highlighted that workers often take on overtime and forgo days off, even on public holidays, to earn higher wages. They should not be deprived of the wages they have rightfully earned or left with untreated injuries.

“We are appealing to you to offer a helping hand to these filial sons, devoted husbands, responsible mothers and dedicated workers, in their hour of dire need. ”

“We sincerely hope you can chip in so that these workers can have a lifeline in their darkest hours.”

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