Repatriation of Deceased Migrant Workers: A Legal Obligation under Singapore’s Employment of Foreign Manpower Regulation Act (2012)

The contribution of migrant workers to Singapore’s economy is immense, with many working in sectors like construction, domestic services, and manufacturing. However, when tragedy strikes and a migrant worker passes away while employed in Singapore, the legal and humanitarian obligation to repatriate their remains becomes a vital responsibility. According to Singapore's Employment of Foreign Manpower Regulation Act (2012), employers have a legal duty to ensure that the remains of deceased migrant workers are returned to their home country, should the deceased's family wish for repatriation.

Legal Framework: Employment of Foreign Manpower Regulation Act (2012)

The Employment of Foreign Manpower (Work Passes) Regulations 2012, specifically under Regulation 22, sets out the obligations for employers when a foreign worker under their employment passes away. One of the key responsibilities under this regulation is that employers must ensure that the body of the deceased worker is repatriated to their home country. This duty is non-negotiable if the family of the deceased expresses the wish for the body to be returned, and the cost of this repatriation falls on the employer. Local cremation of the deceased is allowed only if the family of the deceased allows for such an arrangement. The ashes have to then be transported back to the deceased's family.

Why is Repatriation Important?

For the families of migrant workers, the loss of a loved one can be devastating, particularly when the deceased is thousands of miles away from home. Repatriation provides the family with an opportunity to give their loved one a proper burial according to their cultural and religious traditions. It also offers a sense of closure, allowing the family to mourn and pay their final respects.

In many cultures, returning a loved one to their homeland for burial is of profound significance, and failing to do so can lead to emotional distress. This is why the law ensures that migrant workers, even in death, are treated with dignity and respect, honoring the wishes of their families.

Employer’s Obligations

When a migrant worker passes away in Singapore, the employer is responsible for:

- Notifying the authorities and the worker's family as soon as possible.
- Covering the full costs of repatriating the body, including transportation and other related expenses.
- Ensuring proper handling of the deceased’s personal belongings, which should also be sent back to the family, if requested.

This law underscores that it is not just a humanitarian gesture but a legal requirement to assist grieving families in their time of need. Failure to comply with this requirement may lead to penalties and sanctions against the employer.

Exceptions and Special Considerations

In cases where the family of the deceased worker prefers that the body remains in Singapore for cremation or burial, the employer is also responsible for ensuring the process follows local regulations and respects the family’s wishes. However, if repatriation is the desired option, the law ensures that it is the employer’s duty to make the necessary arrangements.

In some cases, embassies or consulates may also be involved, working in tandem with employers to facilitate the process and provide support to the deceased worker’s family.

Repatriation can involve logistical challenges, including arranging international transportation, managing legal paperwork, and coordinating with local and foreign authorities. These complexities can delay the process, but with proper planning and assistance from repatriation services, the transition can be smoother.

Harmony Funeral Care, for example, specialises in repatriation services for migrant workers, helping to navigate the legal and logistical complexities to ensure that the deceased is returned home in a dignified manner. They work closely with embassies and the employer to make the process as seamless as possible.

The Role of Funeral Service Providers

Funeral service providers play an essential role in fulfilling this legal obligation. They assist in preparing the necessary paperwork, ensuring the body is properly embalmed (if required), and coordinating with airlines for transportation. Providers like Harmony Funeral Care offer specialized repatriation services, handling all aspects of the process, including:

- Coordination with relevant government agencies and embassies.
- Ensuring compliance with international and local regulations.
- Managing all documentation and permits required for the transport of the body.
- Communicating with the deceased’s family to update them on the process.

By using professional repatriation services, employers can ensure they are meeting their legal obligations while also providing respectful and compassionate support to the grieving family.

The Employment of Foreign Manpower Regulation Act (2012) serves as a critical safeguard for the dignity and respect of migrant workers, even after death. It ensures that migrant workers who pass away in Singapore are repatriated back to their homeland if their family wishes, allowing them to be laid to rest according to their cultural and familial traditions. Employers are legally required to bear the costs of this repatriation, ensuring that families are not burdened with additional financial strain during an already difficult time.

By fulfilling this responsibility, employers not only comply with Singaporean law but also contribute to a compassionate and respectful society, honoring the sacrifices made by migrant workers in building and supporting the nation’s economy. Through partnerships with professional repatriation services, such as those provided by Harmony Funeral Care, this process can be carried out smoothly, providing peace of mind to all parties involved.