Ex-maid devastated to be barred from working in S'pore after being acquitted of false declaration charge
Joyce Lim
The Straits Times
Sept 4, 2024
A former domestic helper from India, who was acquitted of a false declaration charge in July, has been barred from working in Singapore.
Ms Alka, 44, who goes by one name, was issued a stern warning in August by the Ministry of Manpower (MOM) for breaching her work pass conditions.
The breach involved her failure to "reside at her employer's residential address, as stated in her work permit", said an MOM spokesman in response to queries from The Straits Times.
"Alka has been barred from future employment in Singapore," the spokesman added.
The Indian national was repatriated on Aug 16.
Ms Alka told ST in a phone interview from Delhi that the warning had dashed her hopes of returning to Singapore for work.
"I am devastated," she said. "My parents have passed away, and I don't have family in India. My family is in Singapore. I got married in Singapore on Aug 5. I have been staying in Singapore for the past 10 years."
She was shocked to learn of the ban, particularly as it came after what seemed to be a legal victory for her in July.
"I requested to stay in Singapore to work," said Ms Alka. "But the MOM officer told me I need to go back to India and apply for a new work pass to return to Singapore for work."
She first came here to work as a domestic worker in 2014. In October 2017, her then employer told her that her services were no longer required.
She told her boyfriend in Singapore that she wished to remain here, and he subsequently introduced her to Mr Anil Tripathi.
Ms Alka struck an agreement with Mr Anil that she would cook for him three to four times a week, and he would be listed as her employer, allowing her to remain in Singapore with her boyfriend.
On Dec 22, 2017, Ms Alka signed and submitted an application form for a domestic helper to MOM, declaring that Mr Anil was her employer.
On Oct 15, 2018, she was arrested by MOM officers for working as a sales assistant at a clothing store in Serangoon Road.
Ms Alka pleaded guilty to working as a sales assistant without a valid work pass, and was fined $4,500. She did not appeal against the fine.
She was also charged with making a false declaration in her work pass application, declaring that she was employed by Mr Anil as a foreign domestic worker when she "did not have the intention to be employed as such".
The offence carries a fine of up to $20,000 or a jail sentence of up to two years, or both.
In 2023, Ms Alka was convicted and sentenced to 10 weeks' jail.
She appealed against her conviction and was acquitted by the High Court on July 25, 2024.
In her appeal, her lawyer, Mr Sarbrinder Singh of Sanders Law, argued that there was no false declaration as Ms Alka had indeed worked for Mr Anil, albeit in an informal capacity.
High Court Justice Aedit Abdullah said the definition of employment was broad enough to cover occasional cooking or other minor work, done for no pay. He also found that the evidence presented during the trial did not support the charge.
In the light of the High Court's decision to acquit Ms Alka, Mr Singh urged the authorities to review the migrant domestic worker application form so that an applicant has a clear understanding of the seriousness of the declaration and the precise scope of the required employment in Singapore when applying for a job.
Said the MOM spokesman: "(We) constantly review our legislation and processes to remain responsive to the changing landscape. Where necessary, we will make changes after careful deliberation and consultation with stakeholders."
