Melvin Chan quoted in Today: “For migrant workers in trouble, navigating Singapore’s legal system can be a challenge”

CLOSE

Directory

Thio Shen Yi, SC

Joint Managing Partner

Litigation

Stefanie Yuen Thio

Joint Managing Partner

Corporate

Derek Loh

Partner

Litigation

Jennifer Chia

Partner

Corporate

Melvin Chan

Partner

Litigation

Ian Lim

Partner

Litigation

June Ho

Partner

Corporate

Kelvin Koh

Partner

Litigation

Ong Pei Ching

Partner

Litigation

Mark Jacobsen

Partner

Corporate

Felicia Tan

Partner

Litigation

Leon Lim

Partner

Corporate

Nanthini Vijayakumar

Partner

Litigation

Jeffrey Chan, SC

Senior Director

Litigation

Prof Tang Hang Wu, PhD

Consultant

Litigation

Prof Hans Tjio

Consultant

Corporate

Tania Chin

Director

Litigation

Mijung Kim

Director

Litigation

Raeza Ibrahim

Director

Litigation

Nicholas Ngo

Associate Director

Litigation

Kevin Elbert

Associate Director

Litigation

Benjamin Bala

Associate Director

Litigation

Vu Lan Nguyen

Associate Director

Litigation

Stephanie Chew

Associate Director

Litigation

Ernest Low

Associate Director

Corporate

Brenda Chow

Associate Director

Corporate

Heather Chong

Associate Director

Corporate

Nicole Lee

Associate Director

Corporate

Tay Quan Li

Senior Associate

Litigation

Lyn Toh Leng

Senior Associate

Corporate

Angela Chai Rui Min

Senior Associate

Litigation

Arthur Chin Yen Bing

Senior Associate

Litigation

Joshua Phang Shih Ern

Senior Associate

Litigation

Chow Jian Hui

Senior Associate

Corporate

Claudia Hui Ru Jun

Senior Associate

Corporation

R. Arvindren

Senior Associate

Litigation

Chia Wan Lu

Senior Associate

Litigation

Lau Tin Yi

Senior Associate

Corporate

Phoon Wuei

Senior Associate

Litigation

Terence Yeo

Senior Associate

Litigation

Juliana Lake

Senior Associate

Litigation

Sabrina Lim Su Ping

Senior Associate

Corporate

Kashib Shareef bin Ahmad Hussain

Associate

Corporate

Sherlyn Lim Li Xuan

Associate

Litigation

Kimberly Ng

Associate

Litigation

Vanessa Cheong Shu Qi

Associate

Corporate

Ryan Yap Cheah Jin

Associate

Litigation

Ang Kai Le

Associate

Litigation

Glenn Ng Qiheng

Associate

Litigation

Isaac Tay Zhuo Yan

Associate

Litigation

Markus Low Yu Wen

Associate

Corporate

Stasia Ong Pei Qi

Associate

Litigation

Sarah Kim Mun Jeong

Associate

Litigation

Yang Hai Kun

Associate

Corporate

Nicole Sim

Associate

Litigation

Ryan Ang

Associate

Corporate

Juvy Pang

Associate

Corporate

John Thomas George

Associate

Litigation

Pearlie Peh

Associate

Litigation

Arvind Soundararajan

Associate

Corporate

Perl Choo

Associate

Litigation

News

11 September 2020

Melvin Chan quoted in Today: “For migrant workers in trouble, navigating Singapore’s legal system can be a challenge”

Features Melvin Chan

TSMP Law Corporation head of litigation and director for pro bono services Melvin Chan was quoted in a Today article published on 11 September on the difficulties foreign workers face in navigating Singapore’s legal system.

He shared that TSMP takes on every case that an NGO refers to it, and that the firm is particularly motivated to take on cases that will advance the law and have a multiplier effect.

“That way we not only help that one worker, but all the others that come after him or her,” said Mr Chan, who assists migrant workers with civil cases.

He cited a landmark case from 2018 involving Bangladeshi worker Hasan Shofiqul. Mr Hasan’s employer had inflated his job title in order to avoid paying him the overtime rates which he was entitled to.

The High Court had held that Mr Hasan, who was deployed as a site supervisor, is not an “executive” as defined under the Employment Act, and was therefore entitled to the pay rates for the rest days which he worked.

“The case brought to light the practice of mislabelling employees or giving employees titles that may not reflect the true nature of their job scope in order to circumvent employment laws and regulations,” said Mr Chan.

The case also prompted the amendments to the Employment Act in 2019, added Mr Chan, which extended the core protections in the Act to all employees regardless of their pay and title — be it managerial or executive positions.

He said the language barrier may also mean that the workers do not fully understand what they are being asked during an investigation. They may end up giving a confession even when they do not actually want to.