Pay Bangladeshi worker $7,363, Singapore court to construction company
A Singaporean Labour Court has earlier ordered a construction company boss to pay a Bangladeshi worker $7,363 in unpaid wages.
But when the employer did not meet the payment deadline last Thursday, the court's hands were tied. Instead, the worker was asked to go to the State Courts to take action to recover the sum, a step that would require him to fork out money he does not have, reported The Straits Times Singapore today.
The Bangladesh High Commissioner in Singapore also couldn’t assist him to get his unpaid salaries. Around 2,00,000 lakh Bangladeshis are now working in Singapore.
The case highlights a little- known limitation of the Labour Court, and the dilemma workers face when employers refuse to comply with its orders.
At the centre of the dispute is Islam Rafiqul, a 42-year-old construction worker, and his employer Md Shamsuzzaman, sole proprietor of Geosray Engineering and Services.
Islam, a work permit holder, started working for the company in February 2015, earning about $700 a month in basic salary and $1,000 a month with overtime.
He did not receive his full salary between October 2015 and June 2016. From July last year, the salary payment stopped completely. He complained to the Ministry of Manpower last September and was given a special pass to remain in Singapore while his salary claim was being processed. The pass prohibits him from working.
"I have not sent money home for many months," said Islam, who is supporting his wife and two children, aged five and 10. MOM held meetings between Islam and his employer in September and October. The employer agreed to pay but later went back on his word.
The case then went before the Commissioner of Labour, or what is commonly called the Labour Court, which held a closed-door hearing on Dec 29. The employer was ordered by the Labour Court to pay Islam $7,363 by Jan 12. He did not.
When contacted, Shamsuzzaman said that he could not pay Rafiqul because the main contractor owed him more than $100,000.
"My company is no longer active. I am working as a delivery man now," said the Bangladesh national, who is a Singapore permanent resident.
Patrick Tay, chairman of the Government Parliamentary Committee for Manpower, said enforcement of Labour Court orders can be "challenging" if employers do not comply.
Alex Au, the treasurer of Transient Workers Count Too (TWC2), said the case "shows how the process can be ineffective, leaving the worker high and dry". Islam had sought help from TWC2 last September.
"Singapore can reduce the incidence of such default cases by making it a criminal offence on the part of directors of companies to ignore Labour Court orders," Au added.
However, Rafiqul is still holding on to the slim hope of getting his unpaid salary. "I have a wife and two children. I cannot go home without the money," he said