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Year: 2019

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Employee or independent contractor – law needs to be clear

This letter was first published by the Straits Times on 4 January 2019.

The recent case in which the Central Provident Fund (CPF) Board applied to recover nearly $417,000 in alleged CPF arrears from Jurong Country Club highlights the highly unsatisfactory state of the current legal distinction between employees and independent contractors (Judge rejects CPF Board’s bid to recover $417k in alleged arrears; Dec 25, 2018).

District Judge Jasbendar Kaur said that an inquiry into whether a person is an employee or independent contractor has to be fact-based, where a multi-faceted test is applied.

The complexity of this legal test is unsatisfactory as it means that in many cases where workers are in less-structured working arrangements, parties are not able to say if the worker should be legally treated as an employee or independent contractor.

We have encountered this question in our work with low-income women engaged in part-time work.

For example, are cleaners who come in on a part-time but regular basis independent contractors or part-time employees?

What about child minders who come in on an ad hoc basis?

We tried to ask CPF and the Ministry of Manpower for advice, but they found it difficult to give a definitive answer due to the complexity of the legal test.

This uncertainty makes it difficult for employers to do the right thing and, from our experience, some employers do take advantage of such situations to deny workers their rights.

This law needs to be reviewed urgently, given the sharp rise in gig contracts in the new economy.

In doing this, we should keep in view the need to promote practices that are fair to low-income workers.

If the Government prefers not to change the current legal test, it can consider providing that, regardless of type of work contract, people who work a certain number of hours per month must be given CPF contributions and have certain other rights such as annual leave.

Corinna Lim (Ms)

Executive director

AWARE

Talk: The Untold History of Singapore’s Indian Women

You are invited to attend a talk by Constance Singam, activist, author and former AWARE president, on the untold story of Singapore’s Indian women.

‘Little has been documented about the history of women in Singapore, and even less has been said about our Indian women.

Did you know, for instance, that in the early years of the migration of people from India to Singapore, for every 100 men there were just 10 women? This ratio did improve, but even in the second decade of the 20th century, there were fewer than 200 women for every 1,000 Indian men in Singapore. This stark difference in the male and female numbers raises many questions–as does the fact that the early Indians were convicts and indentured labourers.

What was life like for the Indian women in early Singapore? Does their early history influence Singaporean attitudes towards more recent Indian workers, especially women workers?

I am interested in exploring the history of Indian women in Singapore, and in expanding our knowledge and understanding of what their lives were like.’

– Constance Singam 

Please join us for an illuminating presentation of a lost chapter of Singaporean history. Attendance is free.

Date: 16 January, 2019 (Wednesday)
Time: 7 p.m. – 9 p.m. (2 hours)
Venue: AWARE Centre (5 Dover Crescent #01-22)

Registration is now closed. Thank you for your interest! To be placed on the waitlist, please email media@aware.org.sg with the subject line ‘Untold History Waitlist’.

Birds & Bees (19 January Workshop): Starting open conversations about sex, consent and relationships at home

How do you talk to your children about sex?

It’s a topic that many parents are happy to put off discussing for as long as possible. But what are the consequences of making home an environment where talks about physical intimacy are off-limits?

Birds & Bees is an experiential workshop for parents, run by parents, to help you start and sustain the important conversation about sex – in a non-judgmental way. No matter where you are in your parenting journey, this workshop will allow you to:

  • Understand the lasting, positive impact of talking to your children about sex and relationships
  • Introduce crucial information about consent, personal boundaries, and safety to your children
  • Talk openly about the difference between respectful, healthy relationships, and abusive, unhealthy relationships
  • Improve your communication with children on difficult or uncomfortable topics
  • Create a home where your children are not afraid of approaching you if they have questions or are troubled about a relationship or sexual encounter.

Through case studies, role-play and facilitated discussions, the workshop will give you a chance to think more deeply about your values and sexual health knowledge, and improve communication with your children.

Birds & Bees is a programme for all parents, though this particular workshop will deal with issues most relevant to parents of teenage children (12 to 18-year-olds).

Date: 19 January 2019 (Saturday)
Time: 10am – 1pm (3 hours)
Venue: AWARE Centre (5 Dover Crescent #01-22)

Register here!