Singapore Influencer Shouts at Maid: Legal Implications and Employment Contracts

A recent incident involving a Singaporen influencer and her treatment towards her maid has gone viral. This highlights the critical need for employers to understand their legal obligations and the importance of clear, well-drafted employment contracts. This article explores best practices for employing helpers and how to avoid potential legal issues.

Recent Case: Singaporean Influencer Verbally Abusing Maid

Source: Mothership.sg
Article Date: 20 September 2024

Article Title: “S’pore influencer films herself berating domestic worker for being ‘slow’, uses it as complaint to agency”

Overview:

A video circulating online showed a Singaporean influencer shouting at her maid for not properly logging her chores. This incident has sparked widespread discussion about employer-maid relationships in households across the nation.

Key points from the incident:

• The employer was filmed shouting at her helper over incomplete chore logs
• Verbal abuse is one of the most common grievances among maids in Singapore
• The case underscores the importance of clear employment contracts and proper treatment of helpers.

The incident involving the Singaporean influencer and her foreign domestic worker (FDW) underscores the importance of understanding both the legal implications of mistreating domestic helpers and the best practices for maintaining a positive employer-employee relationship, particularly through comprehensive employment contracts, which can help prevent such incidents.

Legal Consequences of Maid Abuse in Singapore

Maid abuse is a serious offence in Singapore, with severe penalties for those found guilty. The courts consider both physical and psychological harm when determining sentences. Here are some offences:

1. Voluntarily Causing Hurt (VCH):

Under Section 321 of the Penal Code,

• Penalty: Up to 3 years imprisonment and/or fine up to $5,000
• Examples: Slapping, pushing, or verbally abusing a maid

2. Voluntarily Causing Grievous Hurt (VCGH):

Under Section 322 of the Penal Code,

• Penalty: Up to 10 years imprisonment, plus fine or caning
• Examples: Causing fractures, permanent disfigurement, or severe burns

The Supreme Court has updated its sentencing guidelines for maid abuse cases, increasing penalties based on the severity of physical and psychological harm inflicted on the victim. This approach reflects a more comprehensive assessment of the harm caused and aims to provide stronger deterrence against such offences.

Additional Considerations:

• Employers may be required to compensate the maid for injuries
• Refusal to pay compensation may result in increased jail time
• Courts may impose up to twice the maximum punishment for offences against domestic workers

It’s important to note that these are general guidelines, and actual sentences may vary based on the specific circumstances of each case. The courts take maid abuse cases very seriously, aiming to protect vulnerable workers and deter potential offenders.

Best Practices for Employing Helpers in Singapore

Hiring a helper is an important decision that requires careful consideration. To foster a positive working relationship and avoid potential legal issues, here are some essential practices to follow:

1. Understand the Employment Contract

   The employment contract is typically prepared by the maid agency and may follow specific templates required by certain embassies. For example, the Philippines Embassy has a standard contract that must be used for Filipino domestic workers. While you may have limited input, it’s crucial to:

2. Carefully review the contract provided by the agency

3. Ensure you understand all terms, including duties, working hours, salary, and rest days

4. Clarify any points that are unclear before signing

5. Be aware of any specific requirements set by the worker’s embassy

   If you’re unsure about any aspect of the maid contract or want to ensure you fully understand its implications, you can consult a lawyer to review its terms. A legal professional can help explain your rights and obligations under the contract.

💡 Pro Tip!

Remember, even though the contract is pre-prepared, it still serves as the foundation of your employment relationship. Understanding its contents is essential for both you and your domestic worker.

2. Ensure Mutual Understanding of Contract Terms

Review the contract with your helper before signing. If language barriers exist, provide a translated version to ensure full comprehension. Clarity from the start can prevent misunderstandings later.

3. Maintain Open Communication

Regularly discuss expectations and any concerns that may arise. Address issues promptly and professionally, referring to the contract when necessary. Open dialogue helps to maintain a respectful environment.

4. Keep Accurate Records of the Employment

Maintain essential documentation related to your domestic helper’s employment:

1. Salary payments: Keep records of monthly salary disbursements

2. Rest days taken or compensated

3. Leave records: Annual leave, sick leave, or any other approved time off

4. Any significant changes to work arrangements or duties

   It’s not necessary to record routine daily tasks like mopping floors. Instead, focus on maintaining records that protect both you and your helper in case of any disputes or misunderstandings.

   If you make any changes to the original employment agreement, ensure these are documented in writing and acknowledged by both parties. This could include adjustments to working hours, salary, or major responsibilities.

Remember, good record-keeping is about protecting both employer and employee, not micromanaging daily chores.

Additional Resources for Employers

For those considering hiring a domestic helper, the Ministry of Manpower (MOM) provides a comprehensive guide on detailed information on the hiring process, from deciding how to hire to welcoming your new helper into your home.

We recommend reviewing this guide as part of your preparation for employing a domestic helper. You can find the full guide here: MOM’s Eight steps to hiring a helper

How Guardian Law Can Assist Employers

At Guardian Law, our expertise in family law extends to matters concerning domestic worker employment. Our services are designed to protect employers while ensuring fair treatment of helpers:

1. Service Agreement Review: We thoroughly examine agreements between employers and maid agencies, clarifying terms related to replacement fees and third-party costs. This helps prevent misunderstandings like those in the recent influencer incident.
2. Legal Consultations: Our team offers expert advice on employer obligations, helper rights, and best practices for maintaining positive working relationships. We address concerns about verbal abuse, work expectations, and legal compliance.
3. Dispute Resolution: In cases of conflict with maid agencies or domestic helpers, we provide mediation services to resolve issues amicably and legally, helping to avoid escalation to verbal or physical abuse.

We aim to minimise legal risks, foster positive home environments, and ensure both employers and helpers understand their rights and responsibilities under Singapore law.

Conclusion

Employing a domestic helper in Singapore comes with significant responsibilities and legal obligations. The recent incident involving the Singaporean influencer serves as a stark reminder of the importance of understanding and adhering to these obligations. By prioritising clear communication, fair treatment, and legal compliance, employers can create a positive working relationship with their helpers while avoiding potential legal pitfalls. Remember, a well-drafted employment contract and a thorough understanding of your legal responsibilities are key to a harmonious and legally compliant domestic employment arrangement. If you’re unsure about any aspect of employing a domestic helper, don’t hesitate to seek professional legal advice.

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Frequently Asked Questions

What constitutes maid abuse in Singapore?

Maid abuse in Singapore includes physical violence, verbal abuse (such as shouting or insulting), emotional abuse (like threats or humiliation), and neglect (e.g., withholding food or necessary medical care).

What are the legal consequences for maid abuse in Singapore?

Penalties vary based on the severity of abuse but can include fines up to $10,000, imprisonment for up to 3 years (or up to 10 years for grievous hurt), and a lifetime ban on employing foreign domestic workers.

How can employers prevent misunderstandings with their domestic helpers?

Employers can prevent misunderstandings by having clear, written employment contracts, maintaining open communication, respecting rest days and work hours, and addressing concerns promptly and professionally.

What should I do if I suspect my neighbour is abusing their domestic helper?

If you suspect abuse, report it to the police or the Ministry of Manpower (MOM). You can call the MOM hotline at 1800 339 5505 or make an online report through their website.

Are there legal requirements for rest days for domestic helpers in Singapore?

Yes, domestic helpers are legally entitled to at least one rest day per week. If the helper agrees to work on their rest day, they must be compensated with either a replacement rest day or at least one day's salary.

Can employers keep their domestic helper's passport or other personal documents?

No, it is illegal for employers to keep their domestic helper's passport or other personal documents. Helpers have the right to retain their own documents.

What should domestic helpers do if they experience abuse?

Domestic helpers experiencing abuse should seek immediate help. They can call the police (999), contact MOM (1800 339 5505), reach out to their embassy, or contact NGOs like HOME (1800 797 7977) or FAST (1800 339 4357) for assistance.

How can legal services help in cases of maid abuse?

Legal services can provide guidance on employment laws, assist with contract reviews, offer representation in disputes, and help navigate the legal process if abuse allegations arise. They can also advise on rights and responsibilities for both employers and domestic workers.