Migrant domestic workers’ (‘MDW’) ‘Work Permit’ (also known as visa) is generally valid for 2 years. Either the employer or the MDW can break the contract earlier than the 2 years of the visa.
There are 3 ways in which the contract can be broken:
- By expiry at the end of the 2 year period.
- By written notice by either party. Both the employer and the MDW can break the contract by given written notice to each other.
- Without notice/summary dismissal. This is when either the MDW or the employer break the contract without giving notice to the other party.
Breaking the Contract: What Does This Look Like?
Irregular dismissal is when the employment contract is broken before the 2 year period of the visa expires. If either the MDW or the employer wants to break the contract before 2 years, they must give written notice to the other party. For example, if an MDW wants to return home and wants to break the contract with her employer, she must write a notice to her employer to tell them that she wants to break the contract.
Sometimes, an employer or MDW might want to break the contract without giving notice to other – this means that the contract is broken immediately. This is known as summary dismissal and it is usually quite serious.
Wrongful Dismissal
There is no law in Singapore that provides protection to MDWs who think they have been wrongfully dismissed (fired) from their job. If an MDW thinks she has been wrongfully dismissed, she may rely on the terms of her employment contract for a solution.
In Singapore, employment contracts are not legally required. However, it is strongly encouraged for MDWs to have an employment contract with their employer that covers:
- Salary
- Placement loan
- Number of rest days per month
- Notice period
- Work requirements
- How the contract can be broken or terminated
It is important for an MDW to understand the terms of the contract in order to identify whether there is wrongful termination. For example, if the contract says that the employer will not terminate (fire) the MDW if she has a small injury that will recover quickly, then it will be wrongful termination if the employer ends up terminating the MDW for this reason.
If the terms of your contract are broken and your employer fires you because of it, it is advised that you get help from a legal advisor or NGO on if you can bring a wrongful termination claim. See the resources section below for help if you need it.
Helpful Tips
- Call the Police (999) if you are in danger. Sometimes the relationship between MDW and the employer can become very bad, so if you are in danger or you are being threatened, call the police immediately for help.
- Take care of your documents and keep evidence (proof) properly. This includes: your contract, the termination letter, list of rest days, statutory holidays etc not taken.
- If you do not want to start a legal case, you can also consider reaching an agreement with your employer. However, it is best to discuss your options with a lawyer or NGO first as each case is different.
- File a criminal case if your employer has not paid your salary. In Singapore, it is a crime to not pay an employee’s salary 7 days after it becomes due (e.g. if you are usually paid on 30 April, your employer should pay you April’s salary by latest 7 May). You may want to speak to a legal advisor or NGO for help with this.
- Consider submitting a civil case for compensation (money) in the courts of Singapore. It is highly advised that you speak to a legal advisor or NGO about your case first before submitting a case in court.
