This is a common offence in Singapore and usually carries a jail sentence.
Once a maid runs away after an incident, it will be followed up with a complaint with MOM and/or police, often with the help of a volunteer from a shelter. The police will attend at the employer’s residence for investigation. This will be followed up by statements taking, and a lie detector test. As the charges carry very serious implications, it is wise to seek legal advice early.
The prosecution usually relies on one or more of the sections such as section 323, 324 or 325 Penal Code, read with the enhancement provision, namely section 73 Penal Code for maid abuse cases, depending on the nature of the hurt caused.
Even if the complaints are under the EFMA (Employment of Foreign Manpower Act) for insufficient food or sleep, you should not take the allegations lightly. A jail sentence of 3 months was met out for not giving a maid adequate rest, and another 3 months for not giving the maid adequate food in the case of PP v Chia Yun Ling and Tay Wee Kiat [2019] SGMC 13. Employers that have been convicted included teachers, businessmen, professionals, police officers and even a news reader. Call us early. In fact call us NOW.
In the case of Soh Meiyun v PP (2014), the Accused was given a fine as she was suffering from major depressive disorder and obsessive compulsive disorder in which the IMH psychiatrist said the Accused’s medical condition had contributed to the offences. This is not the usual sentence for maid abuse cases. In another case- Chua Siew Peng (2017), the Accused’s sentence was enhanced upon Appeal. The Accused was suffering from paranoid schizophrenia, but there was no casual link between the schizophrenia and the commission of the offence.
Some examples of maid abuse
- Hitting head
- Using furniture to injure maid
- Slapping maid
- Twisting maid’s arms, pulling hair
- Using weapon such as cutter, broom, chair etc.
- Uttering vulgarities
