Reply: My Ministry is not aware of the number of work contracts of 11 months or less being offered to contractual workers as there is no legal obligation on an employer to inform my Ministry when it enters into a contract of fixed duration. The general rule is that a worker has the right to permanent employment and the contract should be of indefinite duration. However, an employer may enter into an agreement with a worker for a specified period of time in relation to the temporary needs of employer under section 13(1) of the Workers’ Rights Act. The specific circumstances for such agreement are as follows – (a) for the performance and completion of a specific piece of work which is temporary and non-recurring; (b) in respect of any work or activity which is of a temporary, seasonal or short-term nature or short-term work arrangements that are normally project-related and aligned to changes in the product market; (c) in replacement of another worker who is on approved leave or suspended from work; (d) for the purpose of providing training to the workforce; (e) for a specific training contract, or (f) in accordance with the specific work or training scheme set up by the government or a statutory body for a determinate duration. There are already a number of provisions under the workers’ Rights Act to prevent abuse of fixed term contract. In particular, a worker who is employed in a position which is of a permanent nature should not be employed on a fixed term contract. Where my Ministry receives a complaint from a worker to the effect that he has been offered a contract of fixed duration for a position which is of a permanent nature, my Ministry shall enquire into the matter. Pursuant to section 121(1) of the Workers’ Rights Act, where following enquiry, my Ministry has reasonable grounds to believe that the employer has not complied with the Act, a notice of compliance may be served to the employer. The employer can challenge the compliance notice in Court and the Supervising Officer can also apply to Court for a compliance order. It is an offence for an employer not to comply with a compliance notice which has been confirmed by Court.

130 PRE-PRIMARY SCHOOLS – GRANT-IN-AID SCHEME – CARERS & ALLOWANCE