Thursday, December 8, 2011

Know the lines


7 months ago, one Indian worker got injury at work site. He sustained some fracture at arm and is allowed to stay away from his job. He was paid basic salary plus 2 hour OT for every working day by company. However, company treatment seem not good enough for him because he secretly hired a private lawyer and tried to sue company. The lawyer and he initially approached MOM to express his frustration on not getting compensation by his current employer. The MOM subsequently informed HR to take action on the worker's concern. So, the worker is asked to come office to negotiate. I see him like a normal man. He is employed through labor agent and his agent is also present when he came in.

I personally thought, getting 7 months salaries is already good for him. Moreover, he don't need to worry for losing the job. Perhaps somebody might have suggested him to chase for compensation. I understand from my Indian colleague who perform as an interpreter during negotiation. Eventually, the worker agree on that company will chase on insurance company and will pay if the application is successful. As a return, he will have to withdraw his filing to MOM against company. I was surprising to learn the case initially.

I asked my office Indian staff how dare he sue the company in the expense of his job. My friend explained that the worker needs to hire a lawyer first before he can approach to MOM. Again wondering how can he afford to hire expensive lawyer for uncertain case. My friend explained me that there are some lawyer firms at the little india area and those who has work/injury related problems could consult them for free first. They will need to explain the story they are facing and get advise upon. Then it is up to them whether to continue or not. If they think is less chance, say No and needless to pay. If they want to continue, they will have to sign on agreement that allow lawyer to cut a certain percentage of winning amount. He said usually lawyer firm charge about 2% for their service. I ask what if they lost the case. My friend said, the client have to agree on minimum payment had they lost the case. It cost them usually about S$500 and subject to case. I understood why they dare to sue against master.

I'm quite sure that my fellow citizen won't choice the same way Indian workers do. We are too much hesitating even for the case of sure win due to our keep quiet environmental background. They said "silent is gold" and would it be really gold for every single case? I don't think so. It's likely to be bullied if you are too much silent especially you are working in abroad. Lacking in language proficiency skill might have deter us from potential confrontation against our superiors. Another reason might be that we were grown up in where justice are hard to find. In our native land, we know that money conquer almost everything, not only judge of court alone. May the law able to protect the interest of the poor in this planet.

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