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SINGAPORE: A foreign domestic worker worked illegally as a part-time cleaner for more than 12 years, earning about S$296,000 (US$232,500) from illicit jobs for at least five households.
Maya Clarina Santos Tagapan, a 51-year-old Filipina, was sentenced on Tuesday (Feb 3) to 16 weeks' jail and a fine of S$25,000. If she cannot pay the fine, she will have to serve another five weeks' jail.
She pleaded guilty to one count each of working as a self-employed foreigner without a valid work pass and contravening her work pass by failing to stay at her registered location. A third charge was considered in sentencing.
THE CASE
The court heard that Maya got to know a Singaporean woman, Judy Gan, in 2007 while performing part-time work for her. At this time, Maya was employed by another person.
In 2010, Maya approached Gan, requesting that Gan "sponsor" her employment. This was because her previous employer was leaving Singapore, and Maya wanted to continue working in the country.
Gan, who is now 47, agreed to employ Maya. They had an agreement for Maya to find her own accommodation and for Maya to perform housework for Gan from 9am to 3pm on Sundays.
For the rest of the week, Maya was to find her own work as a part-time cleaner.
Gan also agreed to pay only Maya's levy and not her declared salary. Ultimately, she would pay Maya S$300 for her monthly levy, but Maya would repay S$200 of this to her.
Gan also paid Maya S$90 for each Sunday that Maya cleaned her house.
An application was made to the Ministry of Manpower (MOM) for Maya to be issued a work permit to be employed as Gan's maid.
From November 2012 to March 2023, Maya worked as a part-time cleaner for at least five other employers at residences including Faber Condominium, Waterfront Isle Condominium and River Place Condominium.
She earned about S$2,000 per month vacuuming, mopping floors, cleaning toilets, washing laundry and ironing clothes.
She made an estimated total profit of S$296,000 during the period she sought out part-time cleaning jobs while here on a work permit under Gan, from October 2010 to March 2023.
Although Maya was to stay with Gan at Jalan Redop as stated in her work permit, she did not. Instead, she stayed at places including a unit at Commonwealth Drive from 2021 to 2023, renting a bed space for S$400 per month.
In March 2023, MOM employment inspectors began investigations into Maya after receiving information about a possible contravention of the law.
MOM prosecutor Nee Yingxin sought 20 to 24 weeks' jail for Maya, along with a fine of between S$25,000 and S$26,000.
She said the offence persisted for an "exceedingly long period of about 12 years and four months".
She cited then Acting Minister for Manpower Tan Chuan-Jin's statements during the second reading of the Employment of Foreign Manpower (Amendment) Bill in 2012, when he said the legislation would allow MOM to step up enforcement actions against errant foreign workers and others.
Contraventions against the Employment of Foreign Manpower Act ultimately hurt Singaporeans, Mr Tan said at the time, adding that the Bill was really about looking after Singaporeans and ensuring that they remain at the core of Singapore's workforce.
Ms Nee said Maya was "precisely the type of errant foreign employee" that the amendments to the act were enacted to punish and deter.
"The accused knew from the start that she would be primarily sourcing for her own work as a part-time cleaner elsewhere, while holding on to the said work permit," said Ms Nee.
She said the offence was facilitated by Maya practising deception on the authorities, with Maya initiating and orchestrating the scheme that implicated not only Gan but others as well.
Her motive was for personal gain, said Ms Nee.
She said Maya's case involved a period almost two years longer than that in the previous case of Ravichandran Amar Sarathas Kumari, and a profit of almost double that of Ravichandran's.
Gan has been charged for her role in this case, and her case is pending.
For being a self-employed foreigner without a valid work pass, Maya could have been jailed for up to two years, fined up to S$20,000, or both.
For contravening a work pass condition by failing to reside at her declared address, she could have been jailed for up to a year, fined up to S$10,000, or both.
