No Recourse to Justice: Migrant Workers' Exploitation through Kickbacks
Workers usually have little evidence of the illegal payments they have been forced to make. It was fortuitous in this case that the evidence was strong and clear: a box containing the cash from the workers and a log book documenting what the workers had paid were found in Ho’s home. The workers were also able to get their money back because Ho willingly made restitution; it is not a legal requirement for a convicted individual to do so.
Most workers are not so lucky: when complaints are found to be unsubstantiated due to lack of evidence, there is no persecution of perpetrators or monetary redress. Instead, due to the power that employers have to repatriate workers at will, their worst fears of termination and deportation may be realised. HOME has encountered workers who made complaints but, due to insufficient evidence, were eventually sent home against their will. Even if complaints are found to have merit, there may be no redress as the illicit gains may have been spent.
The fear of termination was also articulated by Ho’s victims, who said they were afraid of him discovering their complaints to the authorities. That the kickbacks were collected by the same individual over six years from 57 workers indicates the sheer reluctance of the victims to expose Ho’s actions, despite their pervasiveness and persistence.
In our 2020 report on BCWs, HOME found that kickbacks are a widespread practice suffered by migrant conservancy workers. Other “cost-recovery” practices such as depressed wages, salary deductions and wages cuts are also prevalent. In HOME’s experience, kickbacks are also commonplace in other sectors such as construction, shipyard and services. Whistleblowers are also not guaranteed continued employment when they make complaints: many who have reported unscrupulous practices by their employers have faced repatriation.
Custodians of Town Council (TC) matters, including elected representatives, have the obligation to ensure that workers in the TCs’ employ are not being exploited. Strict enforcement mechanisms, such as independent interviews and checks with workers on their working conditions, must be implemented to encourage reporting of malpractices without fear of retaliation. Such requirements must be included in tender requirements to management companies, to ensure the welfare and dignity of the migrant workers working in our housing estates. Additionally, all workers should be free to seek new jobs without their employers’ consent. Reasonable opportunity to continue employment will empower workers to speak up and protect themselves.