ESTIMATES OF EXPENDITURE FOR THE - FINANCIAL YEAR 1ST APRIL, 1995 TO 31ST MARCH, 1996
Sir, yesterday afternoon, just before the moment of interruption, I was responding to Encik Othman Haron Eusofe's observation that with globalisation of businesses the wage gap between skilled and unskilled workers in Singapore would widen. As I was saying, this is an economic fact of life governed by the forces of supply and demand. Unskilled workers in Singapore will increasingly have to compete with unskilled foreign workers working here in Singapore on work permits and those who are in their home country. Those who are on work permit here come from low-wage countries and an influx of such workers will certainly widen the wage gap between skilled and unskilled Singaporean workers and it is for this reason that my Ministry is compelled to regulate the entry of foreign workers by reviewing the foreign workers levy from time to time. As more and more companies redistribute their labour-intensive activities to nearby countries which have a much larger pool of low-cost workers, the unskilled workers in Singapore will face greater difficulties. We cannot reverse such trends and it is not in our long-term interest to try to retain such labour-intensive and low value-added jobs in Singapore. The right thing to do is to assist those who are unskilled to enhance their economic and market value by making them more employable. This is best done through skills upgrading and retraining. For this to succeed, it is important that workers take retraining and skills upgrading efforts seriously so that they are able to keep pace with the changes taking place in the economy. Even if they are retrenched for various reasons, they can seek alternative employment in other companies so long as they possess marketable skills. So workers must take a positive attitude towards retraining. They must be able to keep up with the changing skill requirements of industries in order to enjoy greater employability and market value for themselves. Sir, to promote greater awareness of the importance of training and to demonstrate commitment, my Ministry supported the unions' proposal to have a training clause incorporated in collective agreements. However, to allay the fears of employers who are not ready or willing to put in a numerical target in their collective agreement, I suggested last year in this House that unions should first persuade employers to accept a clause on training of their workers in their collective agreement in qualitative terms. Based on our study of the collective agreements between companies and unions over the last year, the number of collective agreements incorporating training clauses has increased from 7% in 1993 to 27% in 1994. This is a very good response and my Ministry would like to take this opportunity to commend the unions' initiative and effort to get companies to commit to training and upgrading of workers. I would also like to say that the cooperation of the employers who have taken up the suggestion is highly commendable. But while good progress has been made, the bulk of the collective agreements still do not have such a provision for training of their workers. I would therefore strongly urge all employers to respond positively to the unions' proposal for a training clause to be included in the collective agreements. And for those who have already done so, they should start to invest more resources for workers' training. Finally, Sir, to ensure that company restructuring is carried out smoothly, companies should always consult their unions and provide the necessary information. This will enable workers to better cope with the changes which could involve redeployment to other jobs within the company or even retrenchment and looking for new jobs elsewhere. Sir, Mr Othman also asked for a progress report on the amendments to the Employment Act. The Tripartite Review Committee on the Employment Act completed its review of the Act in June last year. Following the recommendations of the Review Committee, my Ministry, together with the Singapore Employers Federation and NTUC, carried out a series of briefings and consultations on the recommendations to obtain feedback to ensure that these recommendations, when implemented, can be done smoothly. Using the feedback from the industries and trade unions, we have made refinements to some of the recommendations, including consequential changes to the Industrial Relations Act. These refinements would be incorporated as amendments to the law. My Ministry will be presenting the amendment Bill to this House before June this year. Sir, I next turn to Dr John Chen who spoke about the difficulty faced by those who are earning more than $1,500 a month being unable to seek remedy in the Labour Court. The monthly salary ceiling in the Employment Act, which presently stands at $1,500, is only applicable to certain provisions of the Act. For example, section 33 which gives priority of salary to other debts; Part IV which provides for minimal employment standards relating to rest days, hours of work, overtime payments and leave; and section 115 which provides for the eligibility of employees to seek adjudication from the Commissioner for Labour in respect of employment disputes with their employers. Sir, the $1,500 ceiling is not applicable to manual workers who are covered by the Employment Act regardless of their monthly salary. Hence, all manual workers can appeal to the Labour Court for assistance regardless of their salary. Non-manual workers whose salary exceeds $1,500 and who are not managers or executives can still enjoy the protection of the Employment Act, such as with regard to appealing against unfair dismissal, payment of salary and maternity benefits. However, the Ministry recognises that there is an anomaly in the Act that an employee who is not a manager or an executive but earns more than $1,500 and is covered by the Act is presently not able to pursue his employment dispute with the employer in the Labour Court by virtue of the salary restriction in section 115 which I mentioned earlier, and that the Ministry can only help such an employee through conciliation. The Tripartite Review Committee on Employment Act has addressed this anomaly and the Ministry has accepted the Committee's recommendation to remove the salary restriction contained in section 115. The removal of the salary restriction would give this group of employees the right to appeal to the Labour Court to resolve their disputes with their employers. On the matter of union representation, the Ministry had in 1992 issued a set of guidelines to enable employees who are junior management personnel and who are not executives, including those earning more than $1,500, to join rank-and-file unions. The guidelines have worked well and, in fact, many junior management personnel and front-line supervisors have since joined rank-and-file unions. Sir, I next turn to the Nominated Member of Parliament, Mr John De Payva. He observed that the section on retrenchment benefits in the Employment Act is worded in the negative form. While section 45 of the Employment Act is worded in the negative form, it has never stopped eligible employees from claiming for retrenchment benefits. The law is also silent on the quantum of retrenchment benefits payable. Nonetheless, retrenched workers do receive retrenchment benefits although the quantum would vary from company to company and from situation to situation. In the case of larger companies, particularly the unionised ones, the retrenchment benefit norm is one month's salary for each year of service. For smaller companies, the quantum is usually lower. Sir, in my view, section 45 has served its purpose and is not necessary for the law to be amended. Mr De Payva has also expressed concern that the section on retrenchment empowers the employer to retrench workers by virtue of reorganisation or restructuring. Management of a company, including recruitment, promotion and transfer of workers and the need to reduce the size of the workforce, should be and ought to remain a function of management. Hence, section 17(2) of the Industrial Relations Act gives employers the right to retrench workers on the ground of redundancy, reorganisation and restructuring. Notwithstanding this, companies should provide reasons for retrenchment, including the basis for selection of workers who are affected by the retrenchment exercise. And in practice, companies have done so. If a company is unable or refuses to give reasons for retrenchment of workers, it will be difficult for the union to work closely with the company to ensure that the retrenchment exercise is carried out smoothly. Sir, past experience on retrenchment cases shows that employers have not abused their rights and it is unlikely that employees could be victimised under the guise of retrenchment. If an employer is suspected of abusing the right given under the law, the worker or his union could make representation to seek the Ministry's intervention. The Member also asked for a review of the provision in section 38 of the Trade Unions Act which enables any member of the public to secure a copy of the union's constitution for not more than $1 charge. As a trade union represents mainly the lower income bargainable employees, it is the objective of the law to keep the charge for obtaining information relating to the union as low as possible. This is to ensure that union members and those who are interested in joining the union will have easy access to the rules. That is why the charge for a copy of the union's constitution had been fixed at not more than $1. Notwithstanding the above, I will take note of his comments and in our review of the Trade Unions Act, we will consider his suggestion to review this charge. The Member also called for another tripartite committee to review other labour legislation including the Industrial Relations Act and the Factories Act. My Ministry's officers regularly review all labour legislation and propose amendments where necessary. For instance, in January this year, we amended the Factories Act in this Chamber to enhance coverage of the Factories Act, improve workers' safety, increase penalties for offenders and updated certain outmoded sections in the Factories Act. Let me reassure the Member that we will continue to review various pieces of legislation under our purview to ensure that labour legislation remains up to date, relevant to our economic needs and can continue to serve both employees and employers. Sir, Mr Koo Tsai Kee yesterday asked whether the Government will consider allowing more people from managerial ranks to join the rank-and-file union. Section 16(3) of the Industrial Relations Act prohibits a trade union of employees, the majority of whose membership consists of employees in non-managerial or non-executive positions, that means, generally regarded as the bargainable employees, from seeking recognition in respect of employees in the managerial or executive position. It also prohibits such unions from serving a notice in respect of these employees for the purpose of collective bargaining under section 117 of the Act. The purpose of this prohibition is to avoid conflict of interest and labour-management disputes. However, the Act does not prevent employers from allowing their managers and executives to be members of rank-and-file unions for purpose other than collective bargaining. Managers and executives are also not prohibited from forming or joining their own unions. Sir, in response to unions' concern that some employers had resorted to inflating job titles of their employees who are not actually in managerial or executive positions, the Ministry, in consultation with NTUC and SNEF, issued a set of guidelines in January 1992 on union representation of junior management personnel and front-line supervisors, which I referred to when I responded to Dr John Chen earlier on. The aim of these guidelines was to ensure that junior management personnel, particularly front-line supervisors who are not executives, are able to join and be represented by rank-and-file unions. Since the implementation of the tripartite guidelines, the Ministry had dealt with 104 cases of claims to represent junior management personnel and front-line supervisors by rank-and-file unions. All the cases have been amicably resolved based on the guidelines. The settlement of these claims resulted in 1,840 junior management personnel and front-line supervisors joining rank-and-file unions. Our experience is that the guidelines have been effective in resolving claims over whether an employee is an executive and should be allowed to join a rank-and-file union. Hence, we should continue to make use of these guidelines to encourage more junior management personnel and front-line supervisors who are not executives to join rank-and-file unions. Sir, on the desirability for managers and executives to join rank-and-file unions, I have to point out that employers at this stage are still wary that this could give rise to a conflict of interest and problems in labour-management relations within the company. Employers are concerned that, eg, in wage negotiations, the company needs its managers and executives who have access to confidential information relevant to the negotiation to be able to negotiate objectively with the unions, and there may be difficulties if they are also members of the same rank-and-file union. Other employers are concerned that conflicts of interest could arise in the day-to-day operations of a company if managers and executives have to enforce discipline, particularly on subordinates who are members of the same union. Employers' concerns cannot be dismissed. I am of the view that since managers and executives are able to negotiate effectively with their employers for their terms and conditions of employment, they do not need the representation of a trade union for this purpose. And for this reason, we should not force companies to allow rank-and-file unions to represent their managers and executives. We should continue to encourage junior management personnel and front-line supervisors to join rank-and-file unions. Sir, I next turn to Dr Wong Kwei Cheong who asked whether the figures on the labour force contained in the Labour Force Survey include the large number of foreign workers that are currently working in Singapore. The Labour Force Survey is a sample survey which covers households, including foreigners in Singapore. The Survey cannot provide figures on the total number of foreign workers in Singapore because it does not cover foreign workers who live on construction worksites, for instance, and Malaysian workers who commute daily from Malaysia to work in Singapore. Sir, currently, we have more than 300,000 foreign workers in Singapore and they include more than 80,000 foreign domestic workers. Dr Wong also asked for the levy collections. The foreign workers levy collections for 1992, 1993 and 1994 are $1.02 billion, $1.13 billion and $1.37 billion respectively. The levy is credited into the Government's Consolidated Revenue Account. Dr Wong also wanted to know what incentives are there for employers to train foreign workers. My Ministry encourages foreign workers to undergo training and for the employers to provide such training. We, in fact, issue 3-year work permits to foreign workers who have obtained relevant technical qualifications or diplomas and exempt them from the foreign workers levy. 1.00 pm The Skills Development Fund also gives 3-year work permit holders the same level of support as Singapore citizens and permanent residents for all training courses that are endorsed by the Fund. To further encourage employers in the construction and marine sector to train their foreign workers and to improve productivity, my Ministry also introduced a skill-based two-tier levy scheme for these two industries in 1991. Under the scheme, foreign workers who are certified skilled by the Construction Industry Development Board or the Institute of Technical Education can qualify for a lower levy of only $250 a month, which will be further reduced by another 20% from 1st April this year. Sir, Dr Wong also asked whether the manufacturing sector's demand for foreign workers can be met. The Ministry of Labour is aware that the manufacturing sector has an increasing demand for workers in view of the strong growth achieved by the sector last year and the good prospect in the coming year. My Ministry has on 1st December 1994 raised the dependency ceiling for the manufacturing sector from 45% to 50% to give manufacturing firms greater flexibility and access to foreign workers during a period of business upturn. There is no need to further revise the dependency ceiling at this juncture as nearly 98% of manufacturing firms are able to operate within the new dependency ceiling of 50%. May I now respond to the Nominated Member, Dr Kanwaljit Soin. Yesterday, she said that there were no unions for foreign workers and therefore the Government had to play a role in ensuring the welfare of foreign workers. There is a misconception here because our labour laws do not prohibit foreign workers from joining trade unions. Foreign workers are in fact treated as local workers in that they can join any union which represents workers in the industry. For instance, in the construction industry, there is a union called the Building and Construction Trade Union (BACTU) whose membership is open to both local as well as foreign workers. In fact, out of BACTU's 4,300 members, more than 25% are foreign workers. Of course, many foreign workers, including a large number from the non-traditional sources, do not join trade unions because they may think that since they are here for only a short period of stay, they do not see any real benefit in joining unions and they also may well want to save on the monthly subscriptions for their membership in the trade union. Nevertheless, I agree with the Member that employers should look after the welfare of their foreign workers. This is why my Ministry has stipulated, as one of the conditions for the employment of non-traditional source work permit holders, that employers shall provide adequate housing, sanitary and other facilities for their foreign workers. My Ministry is also working with the Construction Industry Development Board to study the feasibility of setting standards for workers' quarters on construction sites. Sir, as I said earlier, our labour legislation accords equal protection to local and foreign workers without discrimination. The Employment Act protects the basic terms and conditions of employment. The Factories Act safeguards workers' safety and health at the workplace and the Workmen's Compensation Act provides for compensation for workers injured in the course of their work. Any foreign worker who feels that he has not been treated according to the statutory provisions should take it up with the employer. If the employer fails to comply with the requirement, they can always seek the assistance of the Ministry of Labour to intervene. We provide free service to all workers, local or foreign, to settle grievances against their employers. Sir, in addition, I would like to point out that work permit holders are accorded medical services at Government hospitals and polyclinics at the same charges as Singapore citizens. There is no discrimination against them in the charges that are levied for service at these Government hospitals. May I now turn to Mr Koo Tsai Kee who spoke on the plight of mature workers who may not be able to enjoy wage increase once they have reached the salary ceiling. Since 1986, the NWC has moved away from issuing quantitative guidelines and has instead focused on qualitative recommendations. The main purpose is to provide greater flexibility for unions and companies to negotiate on appropriate wage increases and bonuses linked more closely to company and individual performance. The NWC guidelines help unions in their negotiations for wage increases for their members, including those who have reached the maximum of their salary scale. Such collective agreements are usually for two or three years' duration and the terms and conditions of employment in the agreement are subject to review. Unions are free to negotiate for wage adjustments to salary ranges and annual increments for workers who have reached their salary ceiling. In fact, this has been the practice whenever collective agreements are reviewed before renewal. Based on my Ministry's conciliation of wage negotiations or NWC guidelines and collective agreement renewal, unions generally are able to secure wage increase through expansion of salary ranges. However, the quantum of percentage for workers who have reached the salary ceiling may be lower than that for the younger workers. This is mainly due to our seniority based wage system where some older employees who are already paid according to or more than their job's worth may not be able to enjoy the same level of wage increase as younger workers. Employers are understandably reluctant to make adjustment to maximum salary to avoid undermining the cost competitiveness of their operation. There are important lessons to be learnt from this. Our workers should constantly be encouraged to take training seriously and to upgrade themselves so that even mature workers can take on higher value-added jobs and continue to enjoy good wage increases. Also, in reviewing salary ranges, employers and trade unions should place less emphasis on seniority. This will help to ensure that wages could better reflect the value of the job. Sir, as the issue of wages is very much under the purview of the NWC, which comprises better representatives from the unions, management and Government, it would be more appropriate for this subject to be discussed at NWC deliberations. Sir, I now turn to the Nominated Member, Dr Lee Tsao Yuan, who spoke about the difficulties faced by women who have to balance the needs of family and home with that of a career. I agree that this is indeed a difficult task. But overall, our female labour participation rate has been quite healthy. In 1994, it was almost 51%. This is comparable to levels in most developed countries, including Japan, which is 50.3%, and the United States which is 55.7%. Better education has, in fact, enabled more women to take on higher paying jobs. However, women tend to withdraw from the labour force after marriage to devote time to their families. This has resulted in a significant fall in the female labour participation rate after the age of 30. Our survey shows that 95% of working women work full-time while the balance work part-time. The proportion of women working part-time is low compared to those in other countries, such as Japan, the United States and the United Kingdom. In recent years, there has been a growing trend for females aged 45 and above to re-enter the labour market. In 1994, for example, the female labour force participation rate for those in the 45-49 age group was 49.7%, up from 32.1% for the same age group in 1983. Females within this age group are able to re-enter the job market to work full-time or part-time as they may have less household responsibilities. Their higher participation rate is also due to the fact that they are increasingly better educated and are able to take advantage of the numerous job opportunities created by our expanding economy. Ideally, women can be granted no-pay leave to provide full-time mothering to their young children and to re-enter the labour market when their children are older and in school. I have been informed that PSD, which is one of the organisations that took the lead in trying to help women to take time off to meet their family requirement by way of offering no-pay leave or part-time work, has got a favourable response from their female employees. The PSD has told me that in the civil service and statutory boards, the take-up rate by women for no-pay leave is 21%. That means almost one in five women who are eligible for no-pay leave does avail herself of this facility. On the other hand, the part-time work response has not been as good. It is only about 4%. So it is consistent with the figure of 5% of the women who do part-time work nationally, as I have mentioned earlier on. However, other than Government, which is the largest employer, and some large companies, it would not be practical to expect all private sector companies, particularly the small and medium-sized ones, to do the same. Women who wish to take care of their young children full-time may thus have to temporarily leave the job market and consider new employment opportunities available when their family responsibilities are reduced. May I now turn to the subject of retirement age which was addressed by both Mr Othman and Mr Stephen Lee. The Retirement Age Act came into operation in July 1993. The Act provides for a statutory minimum retirement, which is aged 60. In introducing the Bill in Parliament, I announced that this minimum retirement age would be raised to 67 in seven to 10 years' time. Yesterday, Mr Othman informed this Chamber that the older workers preferred to carry on working if they are healthy. This is a very positive feedback and it goes to show that the Retirement Age Act will, in fact, be useful and relevant to mature workers. My Ministry is currently studying various options to raise the retirement age to 67. A gradual step-by-step increase of the retirement age to 67 by the year 2003 is the most practical approach. It will enable employers and employees to have sufficient time to make the necessary adjustments. In looking at how the retirement age could be further raised, we also have to address the issue of cost to the employers, which was raised by both Mr Othman and Mr Stephen Lee. Raising the retirement age would certainly increase employers' cost and may undermine their competitiveness. The higher cost of retaining older workers is mainly due to our seniority-based wage system and rising medical cost for older workers and to some extent lower work capacity due to ageing. To ensure that Singapore remain internationally competitive, there is a need to help employers to reduce the cost of retaining older workers. My Ministry is studying various measures, including a further reduction in CPF contribution and adjustment in wages and benefits for workers beyond the age of 60. While employees will be given the opportunity to continue working beyond the age of 60, we must also ensure that cost competitiveness of our economy is not adversely affected. I agree with Mr Stephen Lee that uncompetitive cost due to an ageing workforce will certainly have an effect on our economic viability and our competitiveness. If this is not properly addressed, it could, in future, jeopardise employment opportunities and prospects for all workers. It may therefore be necessary for workers and their unions to accept a further reduction in CPF contribution and even adjustments to wages and benefits in order to remain gainfully employed beyond the age of 60. Mr Othman Haron Eusofe also asked whether the CPF interest rate for the Special Account will be revised. The interest rate for the Special Account will be revised with effect from 1st July with an additional payment of 1.25% above the interest rate in the Ordinary Account. Since this 1.25% is comparable to what long term investment in the market would on average yield above the savings deposit rate, we have no plan at this juncture to revise this rate. Mr Othman also asked whether workers would continue to be allowed to withdraw from their Minimum Sum account or their Retirement Account a monthly payment after they retire at the age of 60 instead of the prevailing retirement age. When we revised the existing Minimum Sum scheme, we decided that the age at which employees are allowed to start withdrawing from their Minimum Sum should be pegged to the prevailing retirement age. This is logical because as long as the employee continues to be working he does not need to draw from his retirement account to support himself because he will be earning a monthly salary and he can carry on as before. He only needs to depend on his Minimum Sum when he finally retires completely. That is why we have decided to peg the withdrawal of the monthly amount from the Retirement Account to the prevailing retirement age. 1.15 pm The Retirement Age Act also provides for exemption of employees who are in occupations where age is a bona fide occupational requirement. If such employees are already exempted from the provisions of the Retirement Age Act, then we will allow them to continue to withdraw their monthly payment from their Retirement Account at the age of 60. Sir, I now respond to Mr Leong Horn Kee who asked whether CPF savings can be used for the upgrading programme for HUDC estates. My Ministry's policy has always been to disallow the use of CPF savings for renovating or upgrading properties, whether it is HDB or private property. An exception has been made for the nation-wide HDB upgrading programme. This is a Government-initiated programme to rejuvenate old HDB estates and to enhance the assets of our citizens. By allowing CPF members who are HDB home owners to use their CPF savings for this purpose, we have enabled every HDB home owner to benefit from the asset enhancement programme. On their own, without the use of CPF savings, many HDB flat owners may not be able to participate fully in this programme. Furthermore, the HDB upgrading exercise is not likely to be repeated at frequent intervals. In the current exercise, only flats which are more than 17 years old are upgraded. Sir, notwithstanding this exception, HDB home owners are still not allowed to use their CPF savings for personal renovation or upgrading works to their flats. We are therefore unable to expand the use of CPF savings to the HUDC home owners to upgrade their flats. And I understand that the Ministry of National Development is not planning to include HUDC flats in the HDB upgrading programme. I think we should look at HUDC flats as more like private properties. For a start, they were sold to people who may have exceeded the income eligibility to purchase HDB flats. The owners, including those who have already formed the equivalent of management corporations to administer their own estates, should pay any upgrading works out of their non-CPF savings. Sir, I believe I have addressed all the points raised.