WRONGFUL TERMINATION OF WORK PERMIT OR S PASS HOLDERS
35 Mr Gerald Giam Yean Song asked the Minister for Manpower (a) how many wrongful termination cases have been filed by work permit or S Pass holders in the last 10 years; (b) in how many of such cases were the workers successful in their appeals; (c) for successful cases, what redress has been offered to the workers; and (d) whether the majority of such workers have been allowed to continue working in Singapore.
Dr Tan See Leng: The Ministry, has over the years, made enhancements to its dispute resolution and claims management process. Prior to 2019, wrongful dismissal claims did not have to go through mandatory mediation, and we did not comprehensively track work pass types nor claim outcomes. From 2019, all wrongful dismissal claims must first go through mediation at the Tripartite Alliance for Dispute Management. Claims can be referred to the Employment Claims Tribunals (ECT) for adjudication only if mediation is unsuccessful.
From 2019 to 2023, there were about 400 wrongful dismissal claims (or about 80 a year) filed by work permit and S pass holders. About 50% were eventually withdrawn by the worker, 40% were successfully resolved by mediation, and 10% were adjudicated at the ECT. Of the adjudicated cases, about 30% were ruled in favour of the worker. Recourse for the worker throughout this process can include monetary compensation, converting the employee’s dismissal into a resignation, or the employer providing the employee with a service testimonial.
We do not track the number of workers who found another job after filing a wrongful dismissal claim.
