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Ethos

Institute

Labour Justice and Low-


Paid Migrant Workers
in Singapore:
Ethics, Faith and Social
Justice
LABOUR JUSTICE AND LOW-PAID
MIGRANT WORKERS IN SINGAPORE:
ETHICS, FAITH AND SOCIAL JUSTICE

Dr Stephanie Chok

Ethos Institute for Public Christianity


Copyright The Bible Society of Singapore 2017

Published by Sower Publishing Centre


(A ministry of The Bible Society of Singapore)
7 Armenian Street, Bible House
Singapore 179932
Tel: (65) 6337 3222
Email: info@bible.org.sg
www.bible.org.sg

All rights reserved.


No part of this publication may be reproduced, stored in a retrieval system
or transmitted, in any form or by any means, electronic, mechanical,
photocopying, recording or otherwise, without prior permission of the
copyright owner.

Scripture quotations marked (niv) are from The Holy Bible, New International
Version NIV Copyright 1973, 1978, 1984, 2011 by Biblica, Inc. Used
by permission. All rights reserved.

Scripture quotations marked (nlt) are taken from New Living Translation,
copyright 1996, 2004, 2007, 2013 by Tyndale House Foundation. Used by
permission of Tyndale House Publishers, Inc.

Printed in Singapore

ISBN: 978-981-220-598-8
978-981-220-599-5 (eBook)
BSS 2017 1M

Ethos Institute is a trademark of The Bible Society of Singapore.


Bible Society is a trademark registered with the Intellectual Property Office of
Singapore.
CONTENTS

About Ethos Institute vii

Ethos Institute Engagement Series viii

Executive Summary ix

Introduction: Social Justice & Temporary Migrant Workers 1


Politics, Everyday Life and Social Change 4
Outline of Booklet 6

Chapter 1: Social Justice & The Christian Faith 9


Social Justice: Building a Just System and Society 9
Justice and the Bible 11
Charity Versus Justice: Addressing the Tensions 16
Labour Justice: A Subset of Social Justice 18
International Labour Standards and Labour Rights 21
Collective bargaining and freedom of association 21
Discrimination at work 23
Decent working conditions: rest days, just wages,
safe workplaces and social protection 25
Conclusion 29

Chapter 2: Singapores Work Pass System for Foreigners 31


Key Work Passes for Foreigners 32
Conclusion 37

Chapter 3: Migrant Workers and Labour (In)Justice 39


Labour Injustice 40
Debt and Migration 41
Labour Exploitation: Wages and Working Conditions 43
Low and depressed wages 43
Wage theft 43
Working conditions 45
Long working hours and a lack of rest days 46
Hazardous working conditions 46
Basic Needs: Food, Housing and Access to Medical Care 48
Food insecurity 48
Housing insecurity 49
Inadequate access to medical care 50
Discrimination: Unequal Pay for Equal Work 51
Social Protection and Worker Representation 53
Conclusion 54

Conclusion: Faith, Action, Survival 55


Confronting the Ghosts of 1987 57
A Concluding Prayer 59

Endnotes 61
About
Ethos
Institute

ABOUT ETHOS INSTITUTE

E thos Institute for Public Christianity was formed by National


Council of Churches in Singapore, Trinity Theological College
and The Bible Society of Singapore in 2014. Ethos Institute seeks
to serve church and society by engaging contemporary issues and
trends from the Christian perspective. Ethos Institute offers:
Studies on important topics and issues from the Christian
perspective
Regular lectures, seminars, conferences and symposiums
for the Christian public
Resources to Churches and Christians in different
professions and vocations
Resources to the National Council of Churches in Singapore

Contact:
7 Armenian Street, Bible House, #03-08 Singapore 179932
Tel: (65) 6304 3765 Fax: (65) 6337 3036
Email: info@ethosinstitute.sg
www.ethosinstitute.sg
vii
Engagement
Series

ETHOS INSTITUTE ENGAGEMENT SERIES

Series Editor: Roland Chia

T he Ethos Institute Engagement Series aims to address pertinent


issues in church and society from the biblical and Christian
perspectives. Authored by theologians and scholars in different
fields, this booklet series discusses a variety of topics including
theology, politics, economics, education, science and the arts. The
booklets are an important resource not only for pastors and leaders
of the church, but also for Christians who wish to reflect more deeply
on the most important and pressing issues of today.

viii
Summary

EXECUTIVE SUMMARY

A s a nation, we are structurally dependent on temporary migrant


workers, who form a vital and sizeable part of Singapores
workforce. In particular, this booklet focuses on temporary low-
paid migrant workers (termed foreign workers in Singapore), who
labour in a range of industries including construction, marine,
manufacturing, landscaping, conservancy, hospitality and, of
course, domestic work. Despite their significant presence, migrant
workers are often rendered invisible, in terms of the work they
perform (overlooked and under-valued), but also in terms of
their marginalisation. Migrant workers experience high levels of
precariousness in Singapore, and are vulnerable to abuse at all
stages of their employment experience, with the problems they
face ranging widely. These include exorbitant recruitment fees,
excessive work hours, non-payment and under-payment of wages,
forced repatriation, poor living conditions, lack of access to medical
care and, in extreme cases, physical abuse.
While the grievous mistreatment of migrant workers, when
publicised, generates outrage and public expressions of disgust, there
is a high level of institutional and social acceptance towards lesser
violations and indignities: the lack of rest days, the withholding
of key personal documents, substandard food, and discriminatory
practices such as pay inequalities and barring migrant workers
from using shared facilities. Many of these violations have, in the
Singapore context, become normalised, where as citizens, employers,
and consumers, we have grown inured to these unremarkable acts
of oppression and how they mark our everyday life. This collective
disregard requires us to placate the cognitive (as well as spiritual)
dissonance that arises when we become conscientised to the
inequities that buttress our wellbeing. Yet each time we subdue the

ix
x LABOUR JUSTICE AND LOW-PAID MIGRANT WORKERS

pinpricks of unease, avert our gaze, or wield a coercive power over


others for our benefit, we enable and contribute to the entrenchment
of such practices.
This booklet evaluates Singapores approach to and treatment
of low-paid temporary migrant workers from a justice-oriented
framework. I argue that this framework is congruent with a
Christian perspective that prioritises social justice. Justice features
prominently in the Bible, and Christian social teachings on justice,
poverty and oppression illuminate the moral dimension of human
rights and international labour standards and reveal a faith that
is alive to the suffering and hardships of others. These teachings
contribute to an ethical framework convergent with fundamental
values enshrined in core labour standards and rights. They also
cohere with other major spiritual and religious traditions, thus
demonstrating a viable path for solidarity and cooperation between
and among not just diverse faith-based communities but equally
secular groups in pluralistic societies.
Intro

SOCIAL JUSTICE & TEMPORARY MIGRANT


WORKERS

But I think we should make an important distinction


between foreign workers and immigrants, immigrants
meaning PRs and citizens. Foreign workers are transient.
We need them to work in the factories, in the banks,
hospitals, shipyards, construction projects. When the job
is done, they will leave. When there are no jobs here, they
will go. So temporarily, the economy is hot, I think we
can accept higher numbers. For the longer term, we are
pushing to raise productivity so that we can rely less on
foreign workers. But meanwhile, we want to build flats,
MRT lines, IRs. So, please bear with the larger numbers
for the time being.
Singapores Prime Minister Lee Hsien Loongs
1
National Day Rally Speech, 29 August 2010

S ingapore has always been reliant on migrant labour for economic


2
expansion and large numbers of immigrants from China, India
and the Malay Archipelago flocked to this economically booming
3
island state in the 19th century. Descendants of these early
4
immigrants eventually settled down and became citizens, reflecting
the key ethnic groups in Singapore today. Singapore is thus often
referred to as an immigrant nation, with the industry and foresight
of our forefathers, who arrived from around Asia, celebrated for

1
2 LABOUR JUSTICE AND LOW-PAID MIGRANT WORKERS

contributing to Singapores prosperity. Scholar Theophilus Kwek,


however, has noted a whitewashing of slavery in mainstream
historical accounts of Singapores colonial past, in which the use
of indentured labour on plantations, construction sites, households
5
and brothels is conspicuously absent. Instead, we celebrate our
immigrant pioneers for their entrepreneurship, in which they
6
are singled out as traders, merchants and philanthropists. This
erasure, suggests Kwek, has established a powerful precedent for
excluding todays migrant labourers from our national community,
in which they continue to be exclusively viewed from a prism of
foreignness. This distancing allows us to view those who are
persistently exploited in our society as foreign, when weve always
7
thought about them that way.
At the same time, when there are displays of hostility or
expressions of resentment towards foreigners, there is a tendency by
politicians to evoke our immigrant history, to remind Singaporeans
that our great-grandfathers and great-grandmothers were once
immigrants toothe implication being that this should bind us
to a shared identity and generate a greater sense of acceptance,
if not solidarity and compassion, towards foreigners in our midst.
There is, however, a key distinction between settler immigrants of
the past, and labour migration policies in our contemporary period.
Foremost is the way temporariness is institutionalised for low-paid
migrant workers (hereafter migrant workers) who undertake what
would be considered blue-collar jobs: a carpenter, factory worker,
or food stall assistant on a temporary work permit today is barred
from settling down and raising a family in Singapore, regardless of
how industrious and entrepreneurial he/she is.
Singapores current work pass system for foreigners is complex
and stratified. Despite popular portrayals of what is commonly
termed a liberal or open door policy to foreigners, this hierarchical
system is indicative of a highly selective and elitist immigration
8
regime: liberalisation in immigration policies is evident at the
upper professional end for foreign talents (those on Employment
9
Passes), where integration and settlement are encouraged, while
a slew of control measures exist to ensure that low-paid foreign
workers (on Work Permits) remain a short-term labour pool that
10
is easily repatriated. In general, high-paid foreign professionals
are framed as valuable and necessary for Singapore to maintain its
competitiveness in a globalised economythat we are inadvertently
11
engaged in a global war for talent while low-paid migrant
Social Justice & Temporary Migrant Workers3

12
workers, who are viewed as potentially disruptive to society, are
13
positioned as economic buffers and should be tolerated because
they are doing jobs and taking shifts that Singaporeans do not
14
want or will not take. These assurances and exhortations from
policy-makers have grown in frequency, to match the increasingly
15
vocal displeasure by citizens over Singapores influx of foreigners.
Despite this fraught and uneasy relationship with migrant
labour, Singapores foreign workforce has continued to grow.
Singapore has one of the highest concentrations of non-resident
16
workers in Asia. In 2015, the ratio of local to foreign workers
17
was 2:1. The stated policy goal is to maintain this ratio, where
18
foreigners make up one-third of Singapores workforce. Of the
1.4 million strong foreign workforce in June 2016, over 1 million
19
were Work Permit (WP) holders temporary migrant workers
on employer-sponsored work passes engaged in low-paid work in
industries such as construction, marine, landscaping, and the service
sectors (including cleaning, food & beverage, and hospitality). A
large number of WP holders also perform vital care work in our
householdsin June 2016, there were 237,100 foreign live-in
20
domestic workers (locally termed maids) in Singapore. Work
Permit holders hail from various countries in the region, including
Bangladesh, China, Philippines, India, Indonesia, Myanmar,
Thailand, Sri Lanka and, of course, Malaysia.
Despite their significant presence, migrant workers are often
rendered invisible, in terms of the work they perform (overlooked
and under-valued), but also in terms of their marginalisation.
Migrant workers experience high levels of precariousness in
Singapore, and are vulnerable to abuse at all stages of their
employment experience, with the problems they face ranging widely.
These include exorbitant recruitment fees, excessive work hours,
non-payment and under-payment of wages, forced repatriation,
poor living conditions, lack of access to medical care and, in extreme
21
cases, physical abuse.
While the grievous mistreatment of migrant workers, when
22
publicised, generates outrage and public expressions of disgust,
there is a high level of institutional and social acceptance towards
23
lesser violations and indignities: the lack of rest days, the
24 25
withholding of key personal documents, substandard food, and
26
discriminatory practices such as pay inequalities and barring
27
migrant workers from using shared facilities. Many of these
violations have, in the Singapore context, become normalised,
4 LABOUR JUSTICE AND LOW-PAID MIGRANT WORKERS

where as citizens, employers, and consumers, we have grown inured


to these unremarkable acts of oppression and how they mark our
everyday life. Such collective disregard relies on our placating the
cognitive (as well as spiritual) dissonance that arises when we
become conscientised to the inequities that buttress our wellbeing.
Yet each time we subdue the pinpricks of unease, avert our gaze,
or wield a coercive power over others for our benefit, we enable and
contribute to the entrenchment of such practices.
This booklet evaluates Singapores approach to and treatment
of low-paid temporary migrant workers from a justice-oriented
framework. I argue that this framework is congruent with a
Christian perspective that prioritises social justice. Justice features
prominently in the Bible, and Christian social teachings on justice,
poverty and oppression illuminate the moral dimension of human
rights and international labour standards and reveal a faith that is
alive to the suffering and hardships of others. These teachings and
principles contribute to a robust ethical framework convergent with
fundamental values enshrined in core labour standards and rights.
They also cohere with other major spiritual and religious traditions,
thus demonstrating a viable path for solidarity and cooperation
between and among not just diverse faith-based communities but
equally secular groups in pluralistic societies.

Politics, Everyday Life & Social Change


In the Singapore context, politics is often regarded with caution,
with politicising a term imbued with negative connotations. There
is also a tendency to compartmentalise politics, to restrict it to the
formal activities of government or policy-makers, and to distinguish
between political issues (to do with laws and law-making) and
bread-and-butter issues (relegated to the everyday concerns of
ordinary citizens). I adopt a broader view of politics, one heavily
28
influenced by the work of political philosopher Iris Marion Young.
In her view,

Politics concerns all aspects of institutional organization,


public action, social practices and habits, and cultural
meanings insofar as they are potentially subject to
collective evaluation and decision-making. When people
say a rule or practice or cultural meaning is wrong and
should be changed, they are usually making a claim about
29
social justice.
Social Justice & Temporary Migrant Workers5

Politics, meanwhile, involves an explicit examination of power.


Acknowledging and interrogating power dynamics are fundamental
in discussions about justice/injustice. In specific relation to migrant
workers in Singapore, significant asymmetries in bargaining power
are a vital contextual feature that underpins their employment
realities, influences decision-making, and impacts outcomes when
they seek remedial justice.
Young warns against limiting conceptions of power as a
possession or attribute of individuals, for power is a relation rather
30
than a thing, it is dynamic and exists only in action. Additionally,
not only is power relational, it is mediated. In other words, a
relational view of power should not reduce it to a dyadic relation,
based on the model of ruler and subject. This model is misleading, for
it obscures the larger structure of agents and actions that mediates
31
between two agents in a power relation. As Young explains,

[o]ne agent can have institutionalized power over


another only if the actions of many third agents support
and execute the will of the powerful. A judge may be said
to have power over a prisoner, but only in the context of a
network of practices executed by prison wardens, guards,
recordkeepers, administrators, parole officers, lawyers,
and so on. Many people must do their jobs for the judges
power to be realized, and many of these people will never
directly interact with either the judge or the prisoner. A
distributive understanding of power as a possession of
particular individuals or groups misses this supporting
32
and mediating function of third parties.

This enlarges our view of oppression, such that it is not merely


the result of a single tyrannical ruler, but can manifest in the
33
everyday practices of well-intentioned liberal societies. In other
words, an oppressed group need not have a correlate oppressing
34
group, and such relations may not correspond to the conventional
paradigm of conscious and intentional oppression of one group
35
by another. Persons may contribute to the maintenance or
reproduction of oppressive relations, for example, by simply following
36
the rules and doing their jobs. Consequently, structural oppression
cannot be eliminated simply by changing rules and laws, for it is
systematically reproduced in major economic, political and cultural
37
institutions. Injustice is not defined by the (mal)distribution of
particular goods and services alone, neither is it bound by narrow,
6 LABOUR JUSTICE AND LOW-PAID MIGRANT WORKERS

legalistic arguments over compliance with current laws. Social


justice requires the elimination of institutionalised domination and
oppression, where domination refers to institutional constraints
on self-determination, while oppression refers to institutional
38
constraints on self-development. Our interconnectedness means
targeting a specific Master Oppressor is no longer sufficient;
mediating parties need to recognise their complicity and, more
importantly, contribute to the process of social change through
the exertion of pressure along the hierarchy of social relations.
This encompassing view of power understands social change as an
inherently political process, one in which items or utilities being
fought forwhether they be health benefits, higher wages or safer
workplacesare not merely ends in themselves. This view of social
justice and social change repoliticises public life and participation,
including public policy formation. It reclaims policy-making from
the narrow domain of ordained and elite experts, and prioritises
democratic decision-making processes as a crucial element and
39
condition of social justice.

Outline of Booklet
The following chapter, Chapter 1, explores the concept of social
justice, which anchors my examination of Singapores labour
migration regime and our treatment of low-paid migrant workers.
The chapter begins by outlining the key characteristics of social
justice, before exploring Bible verses and Christian teachings
that focus on justice, as well as addressing a key tension in
debates about justice work, namely, that between charity versus
justice. The chapter then turns to labour justice, a subset of social
justice, with the latter the overarching framework for reflection
and action. This is followed by a discussion of the International
Labour Organizations Decent Work agenda, including the ways in
which internationally recognised labour standards and rights are
congruent with and supported by Christian teachings.
The empirical realities of migrant workers are crucially shaped
by the architecture of transnational labour migration regimes.
Chapter 2 thus aims to contextualise the precarious status of
low-paid migrant workers in Singapore through an examination
of Singapores stratified work pass system. It is a complex system
that ranks prospective migrant workers according to skill levels,
income, and qualifications, and accords as well as circumscribes
the economic, social and political rights of different categories of
Social Justice & Temporary Migrant Workers7

migrant workers. The focus is on Work Permit holders, the lowest


wage category of migrant workers in Singapore, in particular male
Work Permit holders in the construction and conservancy sectors.
This emphasis on male migrant workers, rather than female
foreign domestic workers (FDWs), is in no way an indication of their
standing in some hierarchy of suffering. It is a reflection of my
own research and casework experience, in which I have spent more
time investigating and writing about employment issues related to
male Work Permit holders. Additionally, the legal and regulatory
framework for domestic workers on Work Permits, as well as core
characteristics of their employment situation, differ from both male
and female Work Permit holders in other sectors (for example,
FDWs are not covered by the Employment Act or the Work Injury
Compensation Act, facilitate migration through loan repayment
schemes, and encounter particular problems due to their live-in
status).
While labour justice presents an aspirational goal, Chapter
3 delves into the empirical realities of low-paid migrant workers
in Singapore and how labour injustice currently manifests. While
the previous chapter provides the institutional context, this
chapter details the multiple problems encountered by migrant
workers in Singapore. The problems are wide-ranging, but this
chapter discusses the following: debt-dependent migration and the
relationship with increased financial hardship; labour exploitation
through low and depressed wages, various forms of wage theft, and
degrading working conditions; basic needs insecurity, primarily
problems related to food, housing, and medical care; discriminatory
employment practices, namely in the form of pay inequalities; and
the lack of social protection and a collective representative voice.
In the Conclusion, I reflect on the future of faith-based
migrant worker outreach and advocacy in Singapore, through a
brief rumination on its troubled past. While faith-based groups,
including Christian organisations, are heavily involved in social
justice movements globally, there is a conspicuous reticence among
faith-based groups in Singapore from being too involved in activism
directed towards social and political change. This is despite a very
heavy engagement with welfare programmes involving the needy,
including migrant workers. This strong public preference for charity
over activismwhen in fact the two are intimately intertwined
may be a strategic and politically rational choice, but a morally
troubling one.
Chapter
One

SOCIAL JUSTICE & THE CHRISTIAN FAITH

God blesses those who hunger and thirst for justice,


for they will be satisfied.
Matthew 5:6 (nlt)

T his chapter explores the concept of social justice, which anchors


my examination of Singapores labour migration regime and
our treatment of low-paid migrant workers. The chapter begins by
outlining the key characteristics of social justice, before exploring
Biblical principles and Christian teachings that focus on justice,
as well as addressing a key tension in debates about justice work,
namely that between charity versus justice. The chapter then turns
to labour justice, which is treated as a subset of social justice, the
latter the overarching framework for reflection and action. This is
followed by a discussion of the International Labour Organizations
Decent Work agenda, including the ways in which internationally
recognised labour standards and rights are congruent with and
supported by Christian teachings.

Social Justice: Building a Just System and Society


Broadly, social justice relates to efforts to create a just and fair
society. What constitutes fairness may be contentious, and is
sometimes misunderstood to mean creating identical conditions

9
10 LABOUR JUSTICE AND LOW-PAID MIGRANT WORKERS

for all, but justice is a broader concept that recognises diversity.


Social justice, as understood and applied in this booklet, involves
a negotiation of both joint and individual rights and obligations to
enhance the capacities of marginalised persons and social groups,
such that they have equal access to the resources, opportunities,
and rights that should be accorded to all, including the mechanisms
1
for realising such rights. Social justice recognises the importance
of building fair institutions and institutional frameworks; it
involves making the systems and structure of society more just,
2
rather than seeking justice in individual cases. Social justice,
according to Baldry, includes a commitment to a fair distribution
and share of natural and social resources across society, a
situation that should be pursued by those in positions of societal,
3
political and organisational responsibility. Social justice demands
that we are attentive towards and demonstrate solidarity with the
4
disadvantaged and excluded in society. Such a perspective requires
an explicit acknowledgement of unequal power relations and how
these asymmetries result in differential outcomes, especially for
vulnerable social groups.
Social justice principles recognise human value and wellbeing.
Accordingly, social justice necessitates an emphasis on inclusive
practices that correct not just redistributive inequalities, but also
institutional misrecognition (for e.g. the devaluation of particular
5
forms of work performed by persons of a certain gender or ethnicity).
This echoes the work of Nancy Fraser, a feminist philosopher, who
warns against affirmative redistributive remedies that address
economic injustice while leaving untouched the deep structures
6
that generate class disadvantage. To be clear, distributive
issues are not irrelevant to discussions about justice. In fact, a
more equitable distribution of resources is an important aspect of
7
ensuring that those in marginalised positions gain recognition.
Grossly uneven distributions of wealth are strong signifiers of
social injustice and unhealthy concentrations of power. However,
a problem with our dominant distributive paradigmwhich views
social justice as the morally proper distribution of social benefits
and burdens among societys membersis that it does not place
social structures and institutional contexts under sufficient
8
critical scrutiny. Such a distributive paradigm can therefore be
misleading in its disproportionate emphasis on outcomes, rather
9
than social processes. Additionally, the provision of rights and
opportunities must critically consider the varied obstacles that
Social Justice & the Christian Faith 11

may impede a persons ability to take up those opportunities and


10
exercise their rights; mitigating such obstacles are a necessary
part of social justice. As Young argues, social justice is not the
melting away of differences, but the creation of institutions that
promote reproduction of and respect for group differences without
11
oppression.

Justice and the Bible

He has shown you, O mortal, what is good.


And what does the Lord require of you?
To act justly and to love mercy
and to walk humbly with your God.
Micah 6:8 (niv)

Timothy Keller, author of Generous Justice, interprets mishpat


which means justice in Hebrewas emphasising action; in the
verse Micah 6:8, [to] walk with God, then, we must do justice, out
12
of merciful love. Mishpat, notes Keller, appears in the Hebrew
Old Testament over 200 times and means, simply, to treat people
13
equitably. For example, laws are meant to treat both foreigners
and natives equally (Leviticus 24:22). Persons, regardless of race
or social status, need to be either punished or acquitted according
to the merits of a particular case; they should be accorded their
due rights, as well as protection and care. The Bible continually
stresses that care is due to the vulnerable, such as widows, orphans,
immigrants and the poorin other words, those lacking in social
power. In todays context, this includes refugees, migrant workers,
the homeless, single parents, and the elderly. Meanwhile, the
justness or mishpat of a society is assessed by its treatment of these
groups with no social power; neglect of these social groups indicates
not just a lack of mercy or charity, but a violation of justice, of
14
mishpat. According to Keller, God loves and defends those with
the least economic and social power, and so should we. That is what
15
it means to do justice. Keller also references the term scandalous
justice, for the Bible shows a God that stood on the side of the poor
16
and the powerless, rather than the elites in society.
Overall, social justicewhich includes economic justiceis not
merely compatible with Biblical principles, we have a moral duty to
adhere to its teachings, and [d]o what is just and right (Jeremiah
22:3). Such teachings include the following:
12 LABOUR JUSTICE AND LOW-PAID MIGRANT WORKERS

Do not give preferential treatment (special attention) to


the rich and discriminate against the poor through negative
judgement and condescension (James 2:14);
Do not profiteer or gain from exploiting others (Jeremiah
22:13);
Do not bully, exploit and abuse the vulnerable in society,
including the alien, the fatherless, or the widow (Jeremiah
22:3);
Pay just wages on time. Living in luxury while withholding
wages from your employees is a reprehensible act for which
you will be judged (Deuteronomy 24:1415; James 5:4;
Jeremiah 22:13; Malachi 3:5; Romans 4:4);
Gross inequality in payment is ungodly; not only is it immoral
to exploit others for monetary gain, wealth should not be
hoarded at the expense of others wellbeing (James 5:19);
Practice generosity: business and landowners should ensure
a measure of their profits is distributed to immigrants and
the poor (Leviticus 19:910);
Ensure access and opportunities are granted to the weakest in
society, so that gross inequalities and unhealthy dependencies
17
will not persist;
Speak out for and help the poor and oppressed (Jeremiah
22:3; Proverbs 29:7).

Daniel Groody defines a Christian spirituality as one that


18
involves living out what Jesus most valued. Jesus not only
advocated for the poor, he showed what Jim Wallis termed a
19
preferential option for the poor and oppressed. With specific
regard to foreigners, the commandments are clear:

Do not oppress (Exodus 23:9);


Do not discriminate (Leviticus 24:22);
Do not pervert justice due to a stranger (Deuteronomy 24:17;
27:19);
Consider their needs and provide for them (Leviticus 19:10);
Love them as yourself (Leviticus 19:3334).

Additionally, it has been pointed out that Jesus himself was an


outcast, a foreigner and a refugee that faced hardship and hostility
20
as he wandered. In Matthew 25:3146, it is revealed that we will
be judged on how we treat and respond to the hungry, the sick,
Social Justice & the Christian Faith 13

the condemned, and the foreign (the stranger). Not tending to the
needs of these disenfranchised persons is a reflection of how we did
or did not care for Jesus himself:

Truly I tell you, whatever you did for one of the least
of these brothers and sisters of mine, you did for me
whatever you did not do for one of the least of these, you
did not do for me. (Matthew 25:40, 45)

In relation to spirituality and justice, Groody, a theology


professor, distinguishes between two terms related to justice in
the Old Testament: mishpat, meaning justice or judgement, and
sedaqah, which extends beyond legal parameters and is translated
21
as righteousness. Sedaqah, according to Groody, includes various
dimensions of life, including the distribution of material goods and
has significance for all relationships. However, it is distinct from
self-righteousness. Sedaqah, more crucially, relates to

social righteousness, particularly as it is expressed in a


relational interdependence and a profound attentiveness
to the needs of others. No peace is possible without justice
and no justice is possible without right relationships.
Justice is about fidelity to the demands of relationships. It
deals with how individuals, families, communities, as well
as juridical, religious and political authorities interact
with each other, with the most vulnerable members of
22
society and with the Covenant God.

Keller also discusses the term tzadeqh, which refers to a life of


right relationships. For Keller, Biblical righteousness is invariably
social; rather than invoking private morality, tzadeqh refers to our
day-to-day living, and how we should conduct all relationships in
23
family and society with fairness, generosity, and equity. This also
requires us to stand up to those who exploit the vulnerable (see Job
29:1217). For Keller, when the two words tzadeqh and mishpat are
paired together, social justice emerges. He cites Psalm 33:5, which
states: The Lord loves social justice; the earth is full of his unfailing
24
love. Ultimately, as Keller views,

Doing justice includes not only the righting of wrongs, but


generosity and social concern especially toward the poor
and vulnerable It consists of a broad range of activities,
from simple fair and honest dealings with people in daily
14 LABOUR JUSTICE AND LOW-PAID MIGRANT WORKERS

life, to regular, radically generous giving of your time and


resources, to activism that seeks to end particular forms
25
of injustice, violence, and oppression.

This emphasis on interdependence, on right relationships


in various aspects of our lives, including within and between
institutions and authorities, coheres with the aforementioned views
on social justice. Social justice thus necessitates acute political
awareness, with approaches that are context-rich and sensitised to
the needs of the oppressed and disadvantaged. When it comes to
contemporary considerations of Biblical concepts such as gleaning
and the Jubilee, rather than emphasise literal applications,
Keller reminds us to consider Biblical laws for their underlying
principleswhy was the law there in the first place? What was
its intended purpose? In a contemporary context, these concepts,
which were an attempt to ensure equality, serve to remind us to
conduct business in a way that does not exploit others (for e.g.
by paying higher wages that remunerate fairly), to enable self-
sufficiency rather than generate a dependence on benevolence, to
set prices in a way that limits profit-making and encourages profit-
sharing, to conduct our lives in ways that empower and strengthen
communities. Debt forgiveness, for example, is a means to allow the
poor to start afresh, to discourage persistent, long-term poverty.
It recognises material goods and wealth as gifts from God to be
26
shared, rather than hoarded. The Bible recognises that poverty
27
is due to a matrix of causes, personal as well as structural and
environmental; it is a complex problem to understand and fix, and
requires a mix of approaches that acknowledges its multi-faceted
28
nature. Keller does note, however, that the Bible places a larger
29
emphasis on structural factors, including corruption, patronage,
economic oppression and discrimination, not just at personal but
also institutional levels.
Ultimately, the author advocates what he terms a whole cloth
Biblical agenda, in which we overcome what he observes as a split
in discourse, where one set of ethical prescriptions [is emphasised]
to the near exclusion of the otherfor example, Conservative
parties and their affiliated religious bodies stress personal morality,
30
while Liberals focus on social justice. It is also important to not
omit particular sins, for example, to highlight the sins (that is,
personal moral failings) of the poor and working class, but not of
Social Justice & the Christian Faith 15

the management classes (for e.g. the sins of economic oppression


and greed). Justice work requires initiative, it demands constant,
sustained reflection and circumspection; it is not just about
refraining from sinful acts, it also requires us to be conscientious
31
about contemplating how to do justice in every area of life.
Ultimately, to do justice requires us to live in a way that generates
32
a strong community where human beings can flourish; in which
it is often necessary for the strong and powerful to disadvantage
themselves for the weak, for the majority to make sacrifices for
33
the minority, or else communities fray and fracture. In the Bible,
religious leaders are criticised for their lack of sensitivity to the
34
vulnerable in society; indifference towards the poor is no small
lapse, it exposes serious faults with ones spiritual compass, the
35
heart.
This attentiveness to the needs of the poor is also detailed in
John Paul IIs encyclical, but in relation to the State and its citizens.
With regards to equality, the State should not unduly favour the
wealthy and influential, nor should it neglect the other (that is,
36
the majority of society), for every person should receive his due.
However, when it comes to upholding the rights of individuals, the
37
defenceless and the poor have a claim to special consideration.
This is because the rich are better able shield themselves, and
require less assistance from the State, whereas the poor have few
resources to fall back on. This is why wage-earners, who mostly
belong to the latter class, should be specially cared for and protected
38
by the Government. This view continues to be relevant and is
not dependent on a specific notion of the State or on a particular
39
political theory. It is, in fact, a fundamental principle of sound
political organisation, that the more defenseless an individual
is within a given society, the more that person requires care and
40
concern, especially the intervention of governmental authority.
For the Catholic Church,

social justice represents a real development in general


justice, where working for justice is not restricted to the
mere observance of the law. Instead, social justice is
related to the social question and is worldwide in scope.
The structural dimension of these social justice issues and
their respective solutions straddle the social, political and
41
economic domains.
16 LABOUR JUSTICE AND LOW-PAID MIGRANT WORKERS

Charity Versus Justice: Addressing the Tensions


The Episcopal Network for Economic Justice (ENEJ), in its
42
Economic Justice How-To Manual, identifies two stumbling
blocks to churches involvement in economic justice: a dichotomy
between 1) charity and justice; and, 2) between spirituality and
43
an active Christian life. These are false dichotomies, for as the
ENEJ explains, spirituality is not limited to an inner relationship
with God; it naturally extends to and influences the quality of
our external life and engagement with the wider world. Secondly,
justice is a necessary expression of charity and a just system
makes charity more possible. Ultimately, as we grow in depth
44
in our justice work, so does our life of the Spirit deepen. These
debates are empirically relevant, particularly in Singapore, where
most religious organisations and affiliated groups tend to be charity-
orientedas witnessed in the emphasis on volunteer programmes,
mission work and service learningbut are often apprehensive
about being involved in justice-oriented activities (for example
policy advocacy), which may be deemed too political.
The ENEJ manual illustrates how churches outreach
programmes often evolve to include justice work, as relationships
developed during outreach and deeper understandings of surface
problemsaka the symptoms such as hunger, homelessness and
family dysfunctioninspire a desire to correct the causes (i.e. the
roots of the problem). As Carmen Guerrero, who coordinates the
Jubilee Ministries of the Episcopal Church in the United States,
notes, churches may respond to inequities by providing sorely
needed resources, or they can address the structures and systems
that create and exacerbate such inequities. She stresses, however,
that

[i]t is not a matter of either/orI believe that both


must take place but not one at the expense of the other
While we are called to feed the hungry we are also equally
called to address the cause of that hunger. Therefore, our
goal is to know the difference and to be prepared to work
in both areas for the glory and honour of God (emphasis
45
in original).

Ultimately, this binary between charity and justice is


misleading, and it would be more useful to consider what has been
46
termed a continuum of action, in which involvement may begin
Social Justice & the Christian Faith 17

with service-oriented acts of charity (e.g. soup kitchens, emergency


housing, literacy programmes), but, over time, evolves into more
justice-oriented programmes and activities (such as advocacy work
and community organising). In the United States, there is a strong
history of church involvement in key social justice movements such
as the civil rights movement, the anti-war movement, womens
47
liberation and the farm workers movement. The decision to get
involved in justice work, to cross the line so to speak between
48
charity and justice (if it is indeed that clear), is controversial.
Churches and church members may also have a stake in preserving
the status quo. Theologian Stephen Charles Mott, however, argues
that charity (an expression of love) is closely intertwined with
49
justice (an instrument of love). For we require justice as well as
love to carry on what love starts but cannot finish alone. In other
words, [j]ustice carries out what love motivates, and manifests the
order which love requires. The reality of sin, views Mott, means
individuals cannot be left to simply act on the impulses of love.
Justice, meanwhile,

is not a different principle, in contradistinction to love;


rather it expresses in terms of fixed duty and obligation the
50
appropriate response to love in certain social situations.

This mirrors Pope Benedict XVIs social encyclical, Caritas


in Veritate (Charity in Truth), in which he highlights that
our economic sphere is neither ethically neutral, or inherently
inhuman or opposed to society. Rather, because it is part and
parcel of human activity and precisely because it is human, it must
51
be structured and governed in an ethical manner. For Mott, if
an adverse societal order remains unchangedfor e.g. if the rich
remain rich and the poor, poor, and nothing in the fundamental
52
relationship is changedthen love itself is thwarted. It is, in fact,
53
a natural flow from charity to justice. It is love and compassion,
notes ENEJ, that inspired Jahweh (via Moses) to rescue the
Hebrews from Egypt and lead them to more favourable conditions;
that move organisations to advocate for legislative reform to protect
victims from abuse; that lead to boycotts and other acts of solidarity
with oppressed workers. Civil rights legislation, after all, made it
possible and easier for people to do the just and fair thing. Justice,
therefore, is a completion of love it is a necessary condition for
54
love to be effective.
18 LABOUR JUSTICE AND LOW-PAID MIGRANT WORKERS

In 1963, civil rights activist and social justice Christian, Martin


Luther King, gave a speech in which he explained why justice must
be social, not just individual, for we are bound in an inescapable
network of mutuality tied in a single garment of destiny, such that
55
[w]hatever affects one directly affects all indirectly. Jim Wallis
adds that this is why, in the Old Testament, we are commanded
not just to be charitable but to also work for justice; that while our
free will is respected, laws and governments have a vital role to
56
play. As a Christian, Wallis shares the belief that Jesus ability to
transform peoples hearts and lives cannot compete with government
policies; at the same time, his view is that charity cannot do the
work of justice. Justice work, particularly in contemporary contexts
and especially with regards to labour justice, increasingly involves
legal or policy advocacy to ensure greater protection for workers.
Yet there persists the view that ethical or moral questions cannot
be solved by legislation, that attitudinal change, or a change
in morals, is what is required. Martin Luther King, in his 1963
speech, powerfully addresses this half-truth, that legislation has a
limited role to play in social change movements because of the view
that youve got to change the heart and you cant change the heart
through legislation. King acknowledges that religion and education
play key roles in changing hearts. However,

we must go on to say that while it may be true that


morality cannot be legislated, behavior can be regulated.
It may be true that the law cannot change the heart but
it can restrain the heartless. It may be true that the law
cannot make a man love me but it can keep him from
57
lynching me and I think that is pretty important, also.

Labour Justice: A Subset of Social Justice


This booklet uses the term labour justice, which I view as a
subset of social justice. Labour justice has been described as the
enforcement of labour standards for all workers and restoring
the imbalance of power that is created by the limited bargaining
58
power and access to remedies of certain categories of workers.
My perspective of labour justice, however, goes beyond access to
the formal justice system and rights enforcement. In this booklet,
labour justice represents a value-full, principled orientation applied
to assessing labour relations, in which the genuine democratisation
Social Justice & the Christian Faith 19

of institutions is viewed as crucial in achieving social justice, of


which labour justice is an integral part. As an ethical framework,
it gives life to an aspirational vision of achieving safe, healthy and
fulfilling workplaces governed by egalitarian workplace relations;
participatory democracy is a key function and condition of labour
59
justice. This moral position is encapsulated in the International
Labour Organizations Decent Work for All campaign, which
acknowledges that decent work sums up the aspirations of people
in their working lives:

It involves opportunities for work that is productive and


delivers a fair income, security in the workplace and
social protection for families, better prospects for personal
development and social integration, freedom for people
to express their concerns, organize and participate in the
decisions that affect their lives and equality of opportunity
60
and treatment for all women and men.

The ethical component of the ILOs Decent Work Agenda


is strongly supported by key religious and spiritual traditions,
as detailed in two ILO handbooks: Philosophical and Spiritual
61
Perspectives on Decent Work (2004), and, Convergences: Decent
62
Work and Social Justice in Religious Traditions (2012). These
collections affirm that key religious and spiritual traditions espouse
and support the core values integral to realising Decent Work and
what the ILO terms Fair Globalisation, namely: dignity, freedom,
non-discrimination, respect, responsibility, justice, security,
63
solidarity and care.
The first handbook, Philosophical and Spiritual Perspectives
on Decent Work, cites Catholic Social Teaching, which emphasises
the importance of economic justice and the dignity of work:

If the organisation of economic life is such that the human


dignity of workers is compromised or their freedom of
action is removed, then the Church does not hesitate
to judge such an economic order to be unjust, even if it
produces a vast amount of goods. It is even right to speak
of a struggle against an economic order that upholds the
absolute predominance of capital, and the possession
of the means of production, in contrast to the free and
64
personal nature of human work.
20 LABOUR JUSTICE AND LOW-PAID MIGRANT WORKERS

The emphasis on human dignity is a foundational belief in


Christian teachings, in which life is valued as sacred and worthy;
we must recognise and honour the dignity of others, regardless
of their status and in spite of societal stereotypes and prejudices
(as Jesus did). Dignity is also a core value underlying the Decent
Work agenda, and a key principle underpinning this people-centred
65
paradigm is the belief that labour is not a commodity. This moral
66
assertion mitigates against dehumanising perspectives, in which
persons are assessed narrowly in terms of their economic utility,
as if they were an inanimate product that can be negotiated for
67
the highest profit or the lowest price. In perspectives on work,
we must not disregard the moral/ethical/values dimension, for
then we risk separating labour from the personality of a workman,
68
which obscures human agency, needs, nature and feelings. As
Irish economist Dr John Kells Ingram stated in 1880:

By viewing labour as a commodity, we at once get rid of


the moral basis on which the relation of employer and the
employed should stand, and make the so-called law of the
69
market the sole regulator of that relation.

Ingrams declaration in 1880that labour is not a commodity


has been far-reaching in its influence and a core basis for the
70
subsequent formulation of international labour laws. Firstly, the
view that labour is not a commodity means that the pricing of labour
(that is, wages), must not be left solely to the vagaries of market
forces. Wages must be fair and reasonable, and at a standard
appropriate [to] the normal needs of an average employee, regarded
71
as a human being living in a civilized community. This is echoed
in Article 23, paragraph 3, of the United Nations Declaration of
Human Rights, which states: Everyone who works has the right
to just and favourable remuneration, ensuring for himself and his
family an existence worthy of human dignity, and supplemented, if
72
necessary, by other means of social protection.
To recognise that labour is not a commodity also means
valuing the freedom of choiceemployers should not be allowed to
make unilateral decisions involving workers, such as transferring
them from one employer to another, without their consent. Higgins
also sees this principle as instrumental in influencing the ILOs
efforts to outlaw fee-charging employment agencies and combat
73
human trafficking. Economic development, under such a rubric,
is understood as meaningful because it is meant to contribute to
Social Justice & the Christian Faith 21

human wellbeing, with international labour standards ensuring


that such development is focused on improving human life and
74
dignity. Therefore, while contemporary international labour
rights discourse may often seem riddled with legalese, there is a
75
strongly implied ethical dimension in labour standards. In fact, a
particular strength of the ILOs fundamental principles and rights
at work is that they conform to the basic philosophical and spiritual
76
orientations and aspirations of the world.

International Labour Standards and Labour Rights


Following our discussion on social and labour justice, this and the
following sections aim to ground the spiritual and moral values
promoted by the ILO to concrete aspects of contemporary labour
struggles, namely: freedom of association, job discrimination, and
decent working conditions (including rest days, reasonable work
hours, safe workplaces, a living wage and social protection).

Collective bargaining and freedom of association


Catholic Social Teaching recognises the importance of freedom
of action and collective bargaining as necessary to protect the
interests of workers and employers. In 1965, Catholic bishops at the
Second Vatican Council proclaimed that [a]mong the basic rights
of the human person must be counted the right of freely founding
labor unions; an attendant right is that of taking part freely in
77
the activity of these unions without fear of reprisal. These basic
political rights were similarly recognised by Reformed Protestants,
78
who also denounced forced labour and child labour. Ultimately,

[t]he economy must serve people, not the other way


around. Work is more than a way tomake a living; it is a
form of continuing participation in Gods creation. Ifthe
dignity of work is to be protected, then the basic rights of
workers mustbe respectedthe right to productive work,
to decent and fair wages, to theorganization and joining
79
of unions, to private property, and to economicinitiative.

Unions play an essential role in this proper arrangement of


80
economic life, in which they have a duty to exercise influence in
the political arena, making it duly sensitive to labour problems and
81
ensuring that it functions in a way that respects workers rights.
The Catholic tradition also recognises the vital role of social activism
22 LABOUR JUSTICE AND LOW-PAID MIGRANT WORKERS

and community involvement when supported by organisations and


institutions; these forms of participation strengthen the collective
spirit and enable the reaching of otherwise unattainable goals in
82
the promotion of social change. Labour unions, who serve as a
83
mouthpiece for the struggle for social justice, are thus viewed
84
as a positive influence for social order and solidarity, with such
struggle considered a normal endeavour for the just good and not a
85
struggle against others.
In Protestant traditions, unions were viewed as necessary to
86
[limit] the concentration of power within societies. Trade unions
were supported by the ecumenical movement in 1948 for their
important role in humanizing the world of work and the economic
87
sphere. Dialogue between employers and workers was encouraged
by the movement, as well as the participation of workers in decision-
88
making processes within companies. This aspect, of facilitating
dialogue, is an equally significant one in Catholic teachings, in
which the ultimate objective of social dialogue is to achieve societal
89
well-being.
Meanwhile, anti-union activity is considered an intolerable
90
attack on social solidarity, and any agency that obstructs this right
to form and join independent labour unions is viewed as violating
the natural law; in other words, no civil law and no economic
enterprise may deny this right to pursue the universal common
91
good. However, freedom of association, in our contemporary
period, is under severe threat. Rather than treated as a necessity for
a just social order, joining a union is often framed as a utilitarian
choice, with decisions for or against unions seen as purely a matter
92
of pragmatism absent any moral dimension. Consequently,

[t]his amoral approach to unions ignores ethical


judgments about the social good of unions and logically
leads to a mechanistic approach to unions that
concentrates on matters of law and custom rather than
on moral duty. Hence, civil law and its procedures become
the primary determinant of whether workers should, or
should not, form unions to bargain collectively with their
employers. Freedom of association and the right to a just
wagethe philosophical and moral foundations for all
union activitybecome a question of what is found in the
civil law rather than in divine law or the natural moral
law. Consequently, the civil law is sometimes used to
Social Justice & the Christian Faith 23

deny workers the moral right to form unions. Civil law, in


93
short, trumps the moral law. The result is moral chaos.

According to Catholic Scholars for Worker Justice (CSWJ),


Catholic philosophical and theological tradition deems a civil law
94
legitimate only when it is rooted in divine or natural law. This
establishes a hierarchy of law, in which divine law always takes
95
precedence over the civil law. Civil authorities must enact just
laws, that is, laws that correspond to the dignity of the human person
96
and to what is required by right reason (emphasis in original).
Catholic doctrine, after all, asserts that an unjust law is no law at
97
all. While it is clear that civil law can be a valuable adjunct to
the moral law, it is also prone to abuse if the law or specific legal
processes are not rooted in the eternal law and, therefore, contradict
98
the natural moral law.
It is emphasised that these perspectives should not be used
to denigrate or minimise the beneficial role of civil (positive) law
99
in pursuit of the universal common good. It is acknowledged
that civil law and its enforcers play integral roles in producing
100
and maintaining social justice and equity in societies. However,
establishing and maintaining social justice in contemporary
societies is largely reliant on the fairness and strength of its legal
101
system. In Isaiah (10:12), the prophets speak out against unjust
laws and judges:

Ah, you who make iniquitous decrees, who write oppressive


statutes, to turn aside the needy from justice and to rob
the poor of my people of their right, that widows may be
your spoil, and that you may make the orphans your prey!

In the Book of Amos (5:7, 15), it says: There are those who
turn justice into bitterness and cast righteousness to the ground;
102
Hate evil, love good; maintain justice in the courts. When
legal professionalsand others involved in law-making and law
enforcementabuse civil law to obstruct and frustrate the rights
103
of workers, they interfere with the natural moral law. These
are acts of grave concern as they interfere with the livelihoods of
104
workers and their families.

Discrimination at work
The ILO defines discrimination in employment as treating some
people less favourably due to characteristics that are not related
24 LABOUR JUSTICE AND LOW-PAID MIGRANT WORKERS

105
to the merit of the person or the requirements of the job.
Discrimination can be based on a range of factors, from race, colour,
sex, religion, political opinions, national extraction, social origin,
age, to disability and medical conditions such as HIV/AIDS. The
ILO deems that [a]ll forms of discrimination are a violation of
106
human rights and a waste of human talents. This includes the
107
persistent and widespread practice of anti-union discrimination.
The Protestant tradition denounces all forms of discrimination
in employment. In fact, opposing discrimination is deemed not just
the duty of the Church, but should stem from a personal sense
108
of Christian responsibility to correct social injustices. Catholic
teachings, meanwhile, affirm that all humans are equal regardless
of social position; therefore, all forms of human discrimination
109
[whether based on race, creed or sex] go against Gods intent. With
specific regards to gender equality, the Catholic Compendium of the
Social Doctrine champions the rights of women in the workplace,
110
particular in areas such as pay, insurance and social security. In
1992, the Ecumenical Council on the Economy pushed for greater
improvements in gender equality, especially regarding equal pay,
111
maternity leave and recognising work in the home.
In terms of employment, access must be open to all without
unjust discrimination: men and women, healthy and disabled,
112
natives and immigrants. There is a need for real equality in every
area of employment, from equal pay for equal work to protection
for working mothers, fairness in career advancement, equality of
113
spouses with regard to family rights. Of particular interest is the
Churchs stand with regards to migrant workers, whom the Church
recognises as a social group that is strongly discriminated against.
The Church views that

[w]hen workers come from another country and


contribute to the economic advancement of a nation by
means of their labour, all discrimination as regards wages
and working conditions must be carefully avoided. Public
authorities are called upon to treat migrant workers as
114
human beings, not as mere tools of production.

As stated in the ILOs handbook: Equal treatment of natives


and foreigners is absolute, and repeated over and over again in the
115
Bible.
Social Justice & the Christian Faith 25

Decent working conditions: rest days, just wages, safe


workplaces and social protection
A concrete manifestation of the values labour justice represents
dignity, respect, responsibility, justice, security and careis
seen in the everyday employment realities of workers, through
the establishment of decent working conditions. These include
just wages, adequate rest days, reasonable working hours, safe
workplaces, and social protection, amongst others.
According to Protestant tradition, the Oxford Declaration of
the Ecumenical Council in 1937 advocated a decent living wage
for all workers, irrespective of their work, as well as safe working
conditions for all. The tradition has always commanded the right
to take a day of rest. In the Catholic tradition, it has been specified
that before work commences,

a contract stipulating a fair wage and working hours


must be mutually agreed upon both by workers and
employer. On the one hand, workers should perform their
tasks fully and faithfully as per the agreed contract. On
the other hand, employers must treat the worker with
respect, allow time for religious practice, provide a safe
working environment and one day off per week. Social
security systems are also key for building solidarity
116
among workers and within society.

The Protestant tradition values work as integral to human


formation and development; it recognises and values the social
aspect of work, in which there is reciprocity and interdependence;
117
work is enabling. Work is also viewed as spiritual activity, but
118
it is noted that work has it limits and God takes a rest too; one
needs to rest on the Sabbath. They also issue an important warning:
while paid work is useful, we must also acknowledge other forms of
work, that is, productive activity such as care work (e.g. parenting),
or being a magistrate or a pastor. There is a need to ensure that we
dont make economics the only meaningful criterion in how we value
119
contributions in our society. There are problems not just with
what is or is not recognised as work in our society; it is necessary
to challenge contemporary hierarchies in which particular forms of
work are valorisedand, some might argue, overpaidwhile others
stigmatised and under-valued. Wage inequalities have soared, with
26 LABOUR JUSTICE AND LOW-PAID MIGRANT WORKERS

a 2014 report stating that in the United States, Chief Executive


Officers (CEOs) salaries are, on average, 204 times higher than an
average employees; at the top of the range, four CEOs earned more
120
than 1,000 times the salary of their median worker.
In discourse about labour rights, as well as in Christian
teachings, there is frequent mention of a just or fair wage. It is
controversial arithmetic, however, as can be seen in debates about
121
establishing and/or raising the minimum or living wage. Beyond
determining a precise numerical value however, we require a more
philosophical deliberation over the moral frameworks applied
to contemporary pay scales: what criteria do we use, whether
deliberately or subconsciously, to appraise particular skills and
occupations and, consequently, determine the remuneration such
jobs deserve; why are particular jobs considered high-skilled
whilst others low or unskilled; what are the socio-cultural, as well
as political determinants that influence, justify and exacerbate pay
inequalities?
In 2009, the UK-based New Economics Foundations report,
A Bit Rich? Calculating The Real Value to Society of Different
Professions, sought to shatter some myths about pay and value,
chiefly that there isnt a straightforward relationship between
122
high financial rewards and good societal outcomes. The report
highlighted a dire need to re-evaluate how we value and thereby
financially reward different forms of work, and how remuneration
in contemporary society has become divorced from factors such as
the social impact of the work performed. According to their report,
City workers, advertising executives and tax advisers destroyed
value, while hospital cleaners, childcare workers and staff in the
waste-recycling industry gave much more to the country than they
123
took out. In other words, many low-paid workers were actively
contributing to the wellbeing of the nation, much moreand in
more tangible waysthan the high-flying and much better-paid
124
financial-sector staff. The think-tank advocated a new way of
calculating how much a person should be paid, based on measures
that assess how much value they create, including factors such as
negative as well as positive contributions to the environment and
125
society.
The Catholic Catechism, meanwhile, defines a just wage as
follows:
Social Justice & the Christian Faith 27

A just wage is the legitimate fruit of work. To refuse


or withhold it can be a grave injustice. In determining
fair pay both the needs and the contributions of each
person must be taken into account. Remuneration for
work should guarantee man the opportunity to provide
a dignified livelihood for himself and his family on the
material, social cultural and spiritual level, taking into
account the role and the productivity of each, the state of
126
the business, and the common good.

The ILOs Special Advisor for Socio-Religious Affairs,


Dominique Peccoud, in writing about the ILOs Decent Work agenda
from a Catholic perspective, has stated that a just wage functions
as a concrete means of verifying the justice of the whole socio-
127
economic system and of checking that it is functioning justly. In
1971, Pope Paul VI stated in Octogesima Adveniens that every man
has the right to work to equitable remuneration which will enable
him and his family to lead a worthy life on the material, social,
cultural and spiritual level and to assistance in case of need arising
128
from sickness or age. This is echoed by the ILO, which views that
Society and State must ensure wage levels or income opportunities
are adequate for the maintenance of workers and their families,
129
which include a certain amount for savings. Pope John Paul II, in
his encyclical, Centesimus Annus, placed on the public authority the
strict duty of ensuring the proper welfare of workers; any failure
130
to do so violates justice.
This imperative to pay a just wage, to ensure that remuneration
is fair, supersedes any agreement between employers and
employeesthat is, any such agreement is not sufficient to justify
131
morally the amount to be received in wages. This is especially
pertinent when it comes to migrant workers, who may accept
especially low wages under economic duress; employers frequently
justify such arrangements as favourable to migrant workers due
to the perception that the wages they earn in wealthier receiving
countries, no matter how low, translates to big money back home
in their countries of origin. However, as John Paul II states in
Centesimus Annus, If through necessity or fear of a worse evil
the workman accepts harder conditions because an employer or
contractor will afford no better, he is made the victim of force and
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injustice.
28 LABOUR JUSTICE AND LOW-PAID MIGRANT WORKERS

An increasingly neglected aspect of labour protection is social


protection. Not only should fair wages be paid, there should also be
adequate social benefits. As Peccoud writes, a fundamental aspect
of social protection and safety at work refers to a persons

right to life, to physical and spiritual integrity, and


to the means to provide the essentials for a reasonable
quality of life: food, clothing, rest, shelter, medical care
and the necessary social services, including the right to
security in cases of sickness, inability to work, widowhood,
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old age and unemployment.

These are rights that necessarily flow from the dignity of the
134
human being as part of creation. Other than wages, social benefits
matter for ensuring the life and health of workers as well as their
families. While the Church respects the rightful autonomy of each
sector (principle of subsidiarity), Peccoud notes that the State is
called upon to improve conditions for the poor and the weak, for the
State is responsible for guarding the common good, and ensuring
various aspects of social life are geared towards achieving that
135
good. While the State is not expected to solve all social problems,
it should avoid removing from smaller communities those functions
that are properly theirs, and increasing state intervention to the
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detriment of both economic and civil freedom.
These perspectives demand that we consider work and the
wages that accompany work in a more holistic way; it warns against
reductive characterisations of poverty, development and wellbeing,
in which the fulfilment of basic physiological needs (the material
level) remains the primary indicator of adequacy. The plight of the
working poor, in which countless families subsist on poverty-level
wages and are vulnerable to being financially crippled by unexpected
crisis situations (a serious illness, an accident, a natural disaster) is
therefore untenable. Movements towards establishing a living wage
are reminded to consider what is necessary for a productive and
fulfilling life on multiple levels, in which workers are valued as
multi-faceted social beings with a range of material as well as social,
cultural and spiritual needs. The emphasis on support through
various life stages (through sickness and old age, for example)
highlights our interdependencies, in which personal vulnerabilities
should be mitigated collectively through the provision of social
protection.
Social Justice & the Christian Faith 29

Conclusion
The Bible calls us to be peacemakers (Matthew 5:9), to pursue
the things which make for peace (Romans 14:19). Peace and
social justice, however, are intertwined. As the ILO stated in its
constitution in 1919, universal and lasting peace can be established
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only if it is based upon social justice. Social justice, meanwhile, is
a foundational principle for the legislative frameworks that regulate
labour relationships, including the political values within which
138
institutions for enforcement and adjudication are embedded.
These values are under threat today, with a notable erosion of the
political values of social justice among legislators, judges, officials
139
and opinion-makers.
The ethical components underpinning international labour
standards, now manifest in labour laws governing employment
conditions such as hours of work, rest days, wage levels and
collective bargaining, are supported by core Christian teachings
and Biblical principles. They make explicit the moral dimension
of legal instruments that have become universally recognised as
important benchmarks yet continue to be frequently violated. Core
to the concept of labour justice and integral in Christian teachings
is the notion of dignity, a valuation of all human life as worthy and
deserving of respect, nurturing, nourishment, and protection. As
Pope John Paul II states in Centesimus Annus:

In this context, an abundance of work opportunities, a


solid system of social security and professional training,
the freedom to join trade unions and the effective
action of trade unions, the assistance provided in cases
of unemployment, the opportunities for democratic
participation in the life of societyall these are meant
to deliver work from the mere condition of a commodity,
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and to guarantee its dignity.

CSWJ suggests that faithful Catholics should not merely


passively acknowledge Catholic teaching but be active supporters
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of the Churchs teaching on labour rights. At the same time,
Catholic Social Teaching believes that attempts to solve complex
and pressing social problems relies on the strength of cooperative
forcesnot just Christian churches but all world religions,
not just the religious either, but all people of good will and,
especially, individuals as well as groups conferred with particular
30 LABOUR JUSTICE AND LOW-PAID MIGRANT WORKERS

responsibilities and embedded deeply in politics, economics and


142
social life, at both national and international levels. In other
words, the Church fosters a reasonable hope that persons and
communities from other religious, spiritual, moral and secular
traditions will contribute to efforts to progress pressing social
143
debates with the necessary ethical foundations.

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