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Employment Agencies Regulatory Framework (Foreign Domestic Workers) (good…
Employment Agencies Regulatory Framework
(Foreign Domestic Workers)
good EA practices
advertising
should
show biodata to potential employers only
obtain written consent to show biodata
ensure
honest
decent
legal
truthful
should not
advertise biodata in an undignified manner
demean by displaying in undesirable manner
conducting training in a way that FDW is on display
wear a walking advertisement attire
sit outside premise
advertise on e-commerce website since it gives impression that FDW is a commodity
acceptable to show
type of training provided
facts that can be verified
placement volume, transfer and retention rate
non acceptable to show
payment modes
terms that liken FDW to a merchandise
free replacement
fast delivery
fee amounts
subjective qualities
obedient
compliant
smart
hardworking
falling short constitutes
being detrimental to client's interest
may result in
imposition of demerit points
suspension/revocation of licence
enable to render professional service to clients
matching process
consider FDW
work experience
willingness
ability
skills
provide biodata (MOM standard) to prospective employer
shortlist suitable FDW based on employer's needs
facilitate face to face / online / phone interview to enable assessment from all parties
honouring agreement
not limited to
service agreement
timeliness
should provide contact details for both FDW and employer and remain contactable
all terms and conditions must be in writing
information confidentiality in accordance with the PDPA
placement loans
facilitate written agreement between employer and FDW
loan amount
repayment schedule
copy provided to FDW and employer
should provide employer the option of not extending placement loan to FDW
refund and replacement policies
if FDW is not suitable
refund of service fee within a reasonable time
replacement of FDW
refund (pro-rated) if no suitable replacement
details in service agreement
amount of refund
time frame of refund
any additional cost
issuance if itemized receipt and refunds to worker
section 12(4) of EA Rules
section 13 of EA Rules
minimal terms in service agreement between EA and FDW
EALC 16
accurate and comprehensive info
inform employer about mandatory medical examination
explain to employer medical and personal accident insurance
service agreement EA and FDW
details of EA services
provision of upkeep and maintenance
ensuring safety agreement is explained, agreed, signed and retained by both parties
list of services that FDW may need to pay
passport replacement
replacement of work permit card
breakdown of fee components
services provided should FDW requires assistance
dispute resolution
explain and obtain written acknowledgement
copy of agreement in language she understands
facilitate fair terms of employment
facilitate discussion between employer and FDW
salary
repayment of placement loan
rest day (in-lieu if applicable)
termination notice
dispute resolution
repatriation destination
employment contract
assist to draw up
ensure signature
help to understand the implication of failing to adhere
copies for both parties. copy to FDW in the language that she understands
responsibilities prior FDW deployment
responsible for the upkeep and maintenance
upon arrival in singapore
before deployment
give rest for 1 night before attending Settling in programme
provide structured training
to enable good work performance
avoid the impression that FDW is on display
info on training programmes conducted by other organization
go through safety assessment with employer
not asking FDW to sit outside EA premise
advise FDW on how and where to seek help
responsibilities after FDW deployment
check at least once during the first 6 months
should attend to assistance request within 1 working day
handling transfer and termination
provide accurate advice on procedures involved
inform responsibilities during transition period
provide assistance in repatriation or transfer of employment if needed
check FDW for well being issues
outstanding employment matters (salary, loan)
employer remains legally responsible during transfer period to another employer
key legislation
EA's actions detrimental to the interest of its clients
some of the guidelines
you should
provide sufficient time to read and clarify
fill the form before ask for signature
explain the provisions in the contract
educate both employer and FDW
FDW must keep her own
work permit card
salary
mobile phone (use during rest hours)
you should not
declare inaccurate details in work permit application
facilitate reduction of salary/rest day w/o good reason(s)
mislead or provide inaccurate info
advise employers to
keep FDW's passport
make FDW work w/o rest day(s)
section 11(1)(c)
breach of any provisions of the guidelines
constitute an action detrimental to the client's interest
may result in
demerit points
licence suspension or revocation
MOM has issued guidelines for FDW placement
Prescribed Fees
section 12(1) of EA rules
to worker
max cap is 2 months salary
salary = basic + fixed allowances
no registration fee
fees include any services conducted in and outside Singapore
medical check up
cost of training
fee shouldn't be more than 1 month salary per year
whichever is shorter
employment contract
for the duration of approved work pass
no deposit before placement is done
no fee prior placement
local
before sign contract date
foreigner
before in principal approval (IPA)
to employer
stronger bargaining power compared to workers
no cap on fee
section 14 EA Act
charge and receive in prescribed manner
overcharge (to worker)
section 23(1) of EA Act
dont breach the fee cap
penalties
1st conviction
fine <=$5K
subsequently
fine <=$5K
prison <= 6 months
exclusion
fees payable to overseas EA
payment to 3rd party that is necessary for job placement
visa
passport
airfare
keep proof of payment for audit purpose
Failure to issue receipt
section 12(4) of EA Rules
EA to issue itemized receipt
EA to keep record for audit purpose
penalties
1st conviction
fine <= $1K
subsequent
fine <=$2K
prison <= 6 months
not provide fee refund
section 13 EA Rules
no need to refund if the worker requests for termination or absconds
payment of refund
7 working days from termination
before repatriation
50% refund to worker if employment is prematurely terminated <=6 months
offence
section 23(5) of EA Act
Commissioner may
vary or revoke any of the existing condition
impose new condition
grant or renew a licence with conditions
penalty
fine <= $5K
prison <= 6 months
Condition(s)
EALC 5(c) Document retention period
retain docs for min. 3 years starting from date of any work pass application and renewal
EALC 7 ensure entry requirement is met
perform verification check
to ascertain her declared age is consistent with official docs
conduct interview
physical appearance
mannerism
examine original official docs
education cert
national ID card
passport
EALC 9A, B and C - In principle approval (IPA) letter
ensure to received at least 3 - 7 days prior departure to Singapore
contains info
rights and responsibilities
opportunity to clarifies with employment agency
employment terms
foreign employee to retain IPA letter
EALC 11(a) repatriation
if foreign employees' work permit is revoked
not meeting MOM's entry requirements
EA must
repatriate
bear the full cost of repatriation
EALC 11B, C
repatriate to hometown when work permit expires/cancelled/revoked
if not hometown
ensure agreement between employer and foreign worker
notify Controller of Work Pass
EALC 12 - upkeep and maintenance
EA is responsible for the provision and bearing the cost of accommodation, upkeep and maintenance prior to work deployment
do not ask FDW to bear the cost
guideline on proper accommodation
regulatory approval and compliance
adequate shelter. to protect from environmental elements
safe. must not near dangerous equipment or structure
sufficient ventilation and lighting.
basic amenities. toiletries, mattress, covered pillow and blanket
hygiene. proper rubbish disposal, no stagnant water, no pest infestation
protection of modesty. not sleeping with male adult. no CCTV in bed and bathroom
space and privacy.
basic housekeeping.
EALC 12A - render assistant for upkeep and maintenance
EA shall render assistance to FDW who is returned
acceptable accommodation and upkeep and maintenance
EA pays for medical cost (Controller of Work Pass will decide)
EALC 12B - communicate to 3rd party
if EA engage 3rd party, EA must communicate all relevant requirements of acceptable accommodation
EALC 13 - furnish employment history
updated employment history in Work Permit Online (WPOL) application service
EALC 13A - safety agreement
prior to deployment, facilitate signing of the safety agreement between FDW and employer
copies must be retained by both parties
EALC 13B - biodata
prior to work permit application, furnish prospective employer with full biodata in prescribed form
EALC 14 - list of premises for housing
furnish MOM with the EA's list of housing location
inform MOM
5 days of using new location
30 days of cease to use current location
EALC 15(a) and (b) - legality of transferring out of employment
inform employers of their legal responsibilities for FDW who is seeking a transfer
employer remains legally responsible for 21 calendar days
EALC 16 - service agreement to employer
sign a service agreement with employer
terms of service include
service fees payable
refund and replacement policies
dispute resolution
written acknowledgement that employer understand and agrees to the T&C
a copy must be provided to employer
dispute resolution mechanism
employer's complaint
take necessary steps to resolve
where 3rd party mediation/adjudication is sought, EA will abide with the outcome
dispute between employer and FDW
EA is the first point of contact to resolve dispute
ensure EA Personnel is trained to handle dispute
take reference from employment terms
maintain proper record of issues and solutions
soliciting feedback
monitor and rise service standard
good employment practices
facilitating good employment relationship
encourage employer to
respecting privacy
FDW to keep passport and mobile phone
granting sufficient rest days
to FDW
observe employment contract
house rule
do's
access to house key and phone in case of emergency
educate on how to seek help
allow to have rest day
set rules on mobile phone usage
allow communication with family and friends
inform if there are monitoring devices
open bank account for salary. no joint account
don'ts
keep salary
keep monitoring devices that compromise modesty
keep FDW's work permit / passport
non compliance
type
administrative
forfeiture of security deposit
licence revocation/suspension
penalty
subsequent
prison <= 4 years
fine <= $160K
1st
prison <= 2 years
fine <= $80K
difference
suspension
Commissioner may impose additional limiting conditions
not allowed to take new agreements
serve existing obligations
revocation
cease operation immediately
no longer fit and proper
criminal offence
steps to revoke/suspense
Commissioner may reinstate licence
decision of appeal made by Minister and final
appeal within 14 days of notification
effected after 14 days notification
licensee will be informed in writing
not to submit work pass application
refer clients to other EA
must inform clients of suspension/revocation
not to collect fee
refund fee where applicable
caused by
dormant for continuous period of 6 months
has ceased business
contravened provisions of
EA Licence Conditions (EALC)
EA Act/Rules
acted in a manner detrimental to interest of
public
clients
issuance of demerit points
enforcement
warning
prosecution
offer of composition fines
actions can be taken against
EA personnel
licensee of the EA
Demerit Points
admin requirement
4 points
deposit min $40K
24 points
licence will be suspended/revoked
8 points
deposit min $60K
18 points
under surveillance
top up deposit back to $60K
forfeit total of $25K security deposit
12 points
forfeit $10K security deposit
WP and EP online acc will be suspended
KAH retake exam
placed under surveillance
must top up security deposit back to $60K
validity
12 or more
no new demerit points
record clear within the next 12 months
accumulate new demerit point
new accumulated points will have new 12 months life cycles from the date of new demerit issuance
less than 12 points
each demerit point will remain live for 12 months from date of issue
system
giving up licence during demerit points period will not erase demerit points during reapplication
almost the same way as driving licence
valid for 12 months, maybe extended if accumulate fresh demerit points
based on the severity of the offence committed
high
medium
low
offence under surveillance
more penalties
licence revocation
demerit point => 12, surveillance for 12 months
can renew licence but still under surveillance
WP & EP online account suspended for 3 months
subject to audits
new infringement may result in suspension/revocation
surveillance status made known on EA Directory