Days off for maid

[verykiasu2010]

yaacobjulia:

On one hand, I think it is only human to provide day off for the maids. On the other hand, there is a concern that the maids will meet 'bad' friends and learn all the 'bad' habits or tricks.

or worse, they work as prostitutes on off days

[beanstalk]

Chu Liu Xiang:

Chapter 91A Part 1 says 'TO BE COMPLIED WITH BY EMPLOYERS'

MOM will go after you (NOT THE AGENT/AGENCY) if anything wrong arises from its non-compliance

Can you read clause 11b) and say whether MOM stipulates it or not - the meaning of employer.......shall grant.........rest-day(s)?

The word 'shall' is mandatory in official documents

No day-off is covered under Clause 8


:xedfingers:

I believe you have misunderstood. Clause 11b talks about adequate daily rest, ie enough sleep, an afternoon nap maybe. It also talks about a rest day(s) but only in accordance with the contract. If I promise 4 rest days ('off days') and my helper doesn't get them, then I am in breach. If I promised no such thing, MOM will not come after me. In accordance with the contract, I can technically grant my helper 0 rest days, KWIM?

I don't see anything about days off in Clause 8.

I am not against off days (rest days) for helpers. I am just concerned about misleading information.

:xedfingers:

[Chu Liu Xiang]

beanstalk:

Chu Liu Xiang:

Chapter 91A Part 1 says 'TO BE COMPLIED WITH BY EMPLOYERS'

MOM will go after you (NOT THE AGENT/AGENCY) if anything wrong arises from its non-compliance

Can you read clause 11b) and say whether MOM stipulates it or not - the meaning of employer.......shall grant.........rest-day(s)?

The word 'shall' is mandatory in official documents

No day-off is covered under Clause 8


:xedfingers:

I believe you have misunderstood. Clause 11b talks about adequate daily rest, ie enough sleep, an afternoon nap maybe. It also talks about a rest day(s) but only in accordance with the contract. If I promise 4 rest days ('off days') and my helper doesn't get them, then I am in breach. If I promised no such thing, MOM will not come after me. In accordance with the contract, I can technically grant my helper 0 rest days, KWIM?

I don't see anything about days off in Clause 8.

I am not against off days (rest days) for helpers. I am just concerned about misleading information.

:xedfingers:

First, do you agree that rest day is interchangeably use as day-off? And the employer shall (mandatory by MOM) state the number of rest-day(s) in accordance to the employment contract. It doesn't matter where she takes her rest. If you don't specify rest day(s) in the contract then MOM will come after you if the maid is not given the stated rest day(s), right?

'Rest-day(s)' imply minimum of 1 rest day to be granted by the employer to the maid.

If rest day is different from day-off then day-off is non-mandatory under MOM and the maid need not be compensated even if the employer states no day-off in the contract, right?

In short, rest day(s) needs to be stated in the contract as per MOM requirement while day-off is optional if both are different. So did your contract specify both?

Coming to Clause 8

Clause 8 talks about paying the maid for 'no actual work done'. What then is 'actual work done'? IMO, actual work implies work to be done by maid she's employed to do.

So, when will there be 'no actual work done'?

Only 3 situations

a) when she's sick (if the maid is ask to work when she's sick then the employer will definitely get into trouble)
b) when she's hospitalized
c) when she's on rest day/day-off

Official documents need to be interpreted to understand its intent, and not read literally, as these are drawn up (usually) by lawyers.

Lastly, official interpretation has to come from MOM

:xedfingers:

[verykiasu2010]

MOM says it is okay for no off-day or no rest day in the contract, as long as there is sufficient rest daily. employment is of mutual agreement between employer and maid


MOM had seen my maid’s contract, a standard contract from the maid agency with many branches in Singapore

MOM has also interviewed my maid and they have recorded that there is no problem with it, and the maid is happy about it, and the MOM officer signed on it, maid signed on it, employer also signed on it

everything properly recorded

this maid just ‘lucky’ – got randomly picked by MOM to interview 50% of new maids within 2 months of working in singapore

[beanstalk]

Chu Liu Xiang, I have spoken with MOM. There is NO stipulation that helpers must have a rest day/off day.


The once a week/month, payment in lieu etc are only recommendations.

What we must do is state the rest days in the contract. So we can state \"0\" rest days (meaning no off days).

[Chu Liu Xiang]

beanstalk:

Chu Liu Xiang, I have spoken with MOM. There is NO stipulation that helpers must have a rest day/off day.


The once a week/month, payment in lieu etc are only recommendations.

What we must do is state the rest days in the contract. So we can state \"0\" rest days (meaning no off days).

So rest day and day-off are interchangeably use. Yes, you can state zero rest day (day-off) but must you compensate or not?

So, if MOM says adequate daily rest is sufficient for the maid (from the post above yours) then why give rest-day(s) and why are employers compensating for no rest day? Strange practice, huh?

:?

[peapot]

Like what beanstalk mention, it’s just recommendation. But alot of these things started by maid agency and eventually became the norm much like the $450 salary. New maid maid $400 and experienced maid $450. Big maid agency like to be trend setter.

[peapot]

But of course it doesn’t mean we need to follow the norm but would the maid be happy? If she finds out that she is getting less interms of pay and benefits. They tend to talk to one another.

[verykiasu2010]

peapot:

Like what beanstalk mention, it's just recommendation. But alot of these things started by maid agency and eventually became the norm much like the $450 salary. New maid maid $400 and experienced maid $450. Big maid agency like to be trend setter.

old salary at $350 per month, the maid loan was $350 x 8 months

new salary at $450 per month, the maid loan is also 8 months, 8 x $450

agency ripped off the maid another $800, paid up front on behalf by the employer

the industry is quite rotten

[peapot]

Agree totally. They only know how to grease their own pocket.