I’m a foreign worker in Singapore. Where can I seek help?

Legal help for foreigners in Singapore:

The Story In 60 Seconds

• While foreigners may not qualify for legal aid in Singapore, there are still a few avenues for legal assistance. One key element in this support is a free legal clinic, where you may have a brief consultation with a lawyer for little or no cost.
• While most legal clinics are reserved for Singaporeans or Permanent Residents only, there are a few organisations offering free legal clinics – particularly for unskilled workers holding a Work Permit pass.
• Such clinics would mainly help Work Permit Holders facing employment disputes, accident claims, and sexual assault and harassment claims.
• For foreigners holding the S-Pass and Employment Pass, their comparatively higher salaries may prevent them from qualifying to tap on most legal clinics. But depending on the issue that they are facing, they may be able to tap on a limited selection of legal clinics or consider tapping on technology services that can match them to qualified lawyers.

Introduction

According to the Ministry of Manpower, approximately 1,368,000 foreign workers currently work in Singapore as of December 2017. Of that number, unskilled workers holding a Work Permit pass comprise the largest number – with nearly 965,200 individuals, followed by skilled professionals holding an Employment Pass (187,700), and diploma holders holding an S Pass (184,400).

As there are a high number of unskilled foreign workers in the workforce, along with a significant number of foreign professionals, there are many possible legal issues faced by foreign workers. However, as the majority of legal clinics here are aimed at helping Singaporeans and Permanent Residents, there are limited avenues through which foreigners may find free legal advice in Singapore.

Nevertheless, there are still options available for foreigners to seek legal help when they need it the most. Before exploring these options, it may be helpful to refer to the table below for a short recap of the features of the most common various work passes available to foreigners seeking to work in Singapore. Each of these passes have different variations for specialized workers, but their general information should remain similar, and specific differences can be found on the MOM Website.

Legal Help for Work Permit Holders

Broadly speaking, some of the common issues that Work Permit Holders are likely to face include disputes with employers, accident claims, and in some cases, sexual assault or harassment claims. However, due to the citizenship eligibility criteria for most legal clinics, it may be difficult for WP holders to obtain legal assistance. Despite this, there are still several avenues through which help can be sought, not limited to but including:

1. HOME Legal Clinic
   • There is no need to make an appointment. Walk-in registration only.
   • The legal clinic is open on the second and fourth Fridays of each month, from 6 pm to 8 pm.
2. Centre for Domestic Employees Legal Clinic
   • There is no need to make an appointment. Walk-in registration only.
   • The legal clinic is open on the first and third Saturdays of each month, from 12 pm to 2 pm.
3. Association of Women for Action and Research (AWARE)
   • The AWARE Legal Clinic serves women earning less than S$3,000 a month on a wide range of issues and is open on the second and fourth Thursday of each month. You will need to make a prior appointment before you attend your consultation session.
   • The organisation’s on-site Sexual Assault Care Centre (SACC) also provides a free legal clinic, as well as counselling support for victims of sexual assault (including sexual harassment). The SACC is open every week (usually on Tuesdays), and you do not need to make a prior appointment if you need help urgently. If you would like to find out more or to book an appointment, please call the SACC helpline 6779 0282 (Mon-Fri, 10 am till midnight).
4. Community Justice Centre On-Site Legal Advice Scheme
   • In some cases, Work Permit Holders may need to represent themselves in court as they do not have legal representation and have to argue their case in court on their own. In such cases, they are considered Litigants-in-Person (“LIPs”).
   • The Community Justice Centre’s On-Site Legal Advice Scheme provides immediate legal advice and directions to LIPs by offering a free one-time legal consultation with volunteer lawyers for a maximum duration of 20 minutes. In addition, the Community Justice Court also provides a slew of other services ranging from emotional support to information and education services, as well as assistance schemes and practical support services.
   • Clinic sessions are available from Mondays to Fridays, 10 am to 12:30 pm, and 2:30 pm to 5 pm (except for Public Holidays).
   • There is no need to arrange for a prior appointment. However, consultation is on a first-come, first-served basis, and is subject to the availability of slots.
5. Jamiyah Legal Clinic
   • Consultation is by appointment only.
   • Applicants are not restricted by their ethnicity or nationality, and they can request to meet either Muslim and non-Muslim volunteer lawyers.
   • The clinic offers advice on issues such as family disputes, matrimonial problems, division of property and other issues for all ethnicities. But cases on Syariah law will be referred to a special panel of lawyers.
   • The operating hours are on Wednesdays (6 pm to 7 pm), as well as Saturday (3 pm to 5 pm).

Legal Help for Employment Pass and S-Pass Holders

In most cases, Employment Pass and S-Pass Holders may not qualify for legal clinics due to their higher base salary. However, depending on the circumstances and nature of the issue at hand, they may be able to tap into some easily available legal resources provided by the following groups:

1. Association of Women for Action and Research (AWARE)
   • The organisation’s on-site Sexual Assault Care Centre (SACC) also provides a free legal clinic, as well as counselling support for survivors of sexual assault (including sexual harassment). The SACC is open every week (usually on Tuesdays), and you do not need to make a prior appointment if you need help urgently. If you would like to find out more or to book an appointment, please call the SACC helpline 6779 0282 (Mon-Fri, 10 am till midnight).
2. Singapore Council of Women’s Organisations (SCWO)
   • The SCWO runs two legal clinics – one for Civil Law and one for Muslim Law – for women residing in Singapore.
     • The Civil Law legal clinic is open on the first and third Monday of the month, while the Muslim Law legal clinic is open on the third Monday of the month.
     • You will need to make a prior appointment before attending the session, and the clinics will not handle issues based on corporate, business, or investment matters.
3. Jamiyah Legal Clinic
   • Consultation is by appointment only.
   • Applicants are not restricted by their ethnicity or nationality, and they can request to meet either Muslim and non-Muslim volunteer lawyers.
   • The clinic offers advice on issues such as family disputes, matrimonial problems, division of property and other issues for all ethnicities. But cases on Syariah law will be referred to a special panel of lawyers.
   • The operating hours are on Wednesdays (6 pm to 7 pm), as well as Saturday (3 pm to 5 pm).

Alternatively, such work pass holders may wish to enlist the aid of a law firm to settle their disputes.

Foreign worker coverage under the Employment Act

Foreign workers have certain rights set out in the Employment of Foreign Manpower Act (“EFMA”). For example, pursuant to section 22A of the EFMA, no employer may deduct from a foreign worker’s salary or benefits for the purpose of consideration for employment. While the act is mainly concerned with employers, there are several provisions that also govern the relationship between foreign workers and their employers that are designed to ensure their protection. This includes outlining responsibilities of employers towards foreign employees in relation to salary, work hours, leave, and public holidays.

However, it is worth noting that such rights are only entitled to foreign workers who qualify under the Employment Act (“EA”). Foreign workers who are NOT covered by the EA are:

1. Managers of executives with a monthly basic salary of more than $4,500
2. Seafarers
3. Domestic workers

Additionally, depending on the nature of work and salary, certain foreign workers will also not be covered under Part IV of the EA, which provides for rest days, work hours, annual leave, and other conditions of service. Foreign workers who are covered under Part IV of the EA are:

1. Workmen (doing manual labour) earning a basic monthly salary of not more than $4,500
2. Foreign workers covered by the Employment Act who are not workmen, with a basic monthly salary of not more than $2,500

For the avoidance of doubt, it is recommended that prior to beginning employment, potential foreign workers ensure such protections by entering into a written employment contract with their employers.

Criminal Legal Aid Scheme (CLAS) / Ad-Hoc Pro Bono Referral Scheme/ Legal Assistance for Capital Offences (LASCO)

Foreigners might also be eligible for the Criminal Legal Aid Scheme, subjected to some conditions. There is also the Ad-Hoc Pro Bono Referral Scheme that one might be eligible for. These schemes are provided by the Law Society of Singapore. If a foreigner is charged with a capital offence, there is also legal help provided by the Legal Assistance Scheme for Capital Offences (LASCO).

Additionally, there are also non-profit organisations including HOME, which can assist foreigners as well.

Have a question on employment?

If you have any questions on legal clinics, you can get a Quick Consult with Amos Cai or other lawyers. With Quick Consult, from a transparent, flat fee of $49, a lawyer will call you on the phone within 1-2 days to give you legal advice.

This article is written by Amos Cai from Yuen Law LLC and edited by Chee Seng Tang from Asia Law Network.

This article does not constitute legal advice or a legal opinion on any matter discussed and, accordingly, it should not be relied upon. It should not be regarded as a comprehensive statement of the law and practice in this area. If you require any advice or information, please speak to practicing lawyer in your jurisdiction. No individual who is a member, partner, shareholder or consultant of, in or to any constituent part of Interstellar Group Pte. Ltd. accepts or assumes responsibility, or has any liability, to any person in respect of this article.

Continue reading:

• Means and merits testing (Do you qualify for legal aid?) and FAQ on legal aid
• When Do I Need a Criminal Lawyer?