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Employment of Foreign Manpower Act (EFMA) (key legal obligations (work…
Employment of Foreign Manpower Act (EFMA)
intro
target audience
foreigner seeking or under employment
employer of foreign worker
objective
prescribes
responsibility of employing
application
cancellation
medical insurance
repatriation
levy
responsibility in working as foreign employee
covers
Employment of Foreign Manpower (Work Passes) Regulations (EFMR)
penalties
regulates the employment and protects their well being
key legislation
info on amendments
administrative penalty w/o the need for criminal prosecution
set up enforcement against syndicates and errant employers
formerly known as Employment of Foreign Workers Act
higher penalties
type of offences
section 22(1)(a)
breach of work pass conditions involving harm/abuse to the employee
penalty
fine <= $10K
prison <= 12 months
section 22(1)(b)
employee's failure to produce work pass upon demand
penalty
fine <= $10K
prison <= 12 months
section 14
loss/destruction/defacement of work pass
must report within 7 days
penalty
fine <= 10K
section 22(1)(c)
obstruction of employment inspector
penalty
fine <= $10K
prison <= 12 months
section 10(1)
self employed foreigners w/o valid pass
penalty
1st
prison <= 2 years
fine <= $20K
subsequent
prison 1 month - 2 years
fine <= 20K and
section 22(1)(d)
providing false info to the Controller of work pass
penalty
fine <= $20K
prison <= 2 years
section 6A(1)
permitting foreign employee w/o valid work pass to enter or remain at a workplace
penalty
1st
prison <12 months
fine <=15K
subsequent
fine <= $30K
prison <=2 years
section 22(1)(e)
sell / forge / alter / transfer in principle approval / work pass
penalty
fine <= 20K
prison <= 2 years
section 5(2)
working w/o valid work pass
penalty
fine <= $20K
prison <=2 years
section 22(1)(f)
use/possess other person's work pass
penalty
fine <= 20K
prison <= 2 years
section 5(1)
illegal employment
section 5(4) and 5(5)
employer needs to exercise due diligent
penalty
1st
fine $5K - $30K
prison =< 12 months
subsequent
other
fine $20K - 60K
individual
prison 1 - 12 months
fine $10K - $30K and
exemption from section 5
foreign employee who is an officer or seaman on an international voyage
foreigner who
14 years or above and full time student and required to work during term break
full time student required to work <= 16 hours/week or under industrial attachment programme
section 22(2)
failure to declare false declaration offence
penalty
fine <= 10K
prison <= 12 months
section 22(3)
foreign employee furnishing false educational qualification
penalty
fine <= 20K
prison <= 2 years
section 22(4)
failure to declare false declaration of educational qualification offence
penalty
fine <= 10K
prison <= 12 months
section 22A(1)
employer's receipt of money in consideration of employment
penalty
fine <= 30K
prison <= 2 years
known as kickbacks
section 22(B)(1)
obtaining work pass for foreign employee for a business that doesn't exist/required to employ foreigner
penalty
fine <= 6K
prison 6 months - 2 years
more than 6 false application
canning
section 25B(1)
failure to comply with Commissioner for Foreign Manpower's direction
penalty
fine <= 10K
prison <= 12 months
section 20(1)
offences by bodies corporate
section 23(1)
abetment of offences
3 main limbs
instigation
conspiracy
intentionally aiding by an act
Power of arrest
section 21
police / employment inspector may arrest w/o warrant
has abetted any offence(s)
committing / has committed offence(s)
admin infringement
section 25(2)
breach of work pass regulatory conditions
penalty
fine <= $10K
example
employer of S Pass holder is required to pay wages through GIRO
reduce in salary needs to be reported for re-assessment of work pass eligibility
section 25(3)
provide inaccurate info w/o fraudulent intent
example
wrong salary info on the application form due to lack of attentiveness
penalty
fine <= $20K
section 25(1)
inflate foreign employee entitlement / quota by contributing CPF to singapore citizen/PR who are not employed
penalty
fine <= $20K
section 25(4)
employer's recovery of employment cost from foreign worker
penalty
fine <= $20K
the action can be considered as kickback
section 9(1)
to terminate employment upon work pass suspension/revocation withn 7 days notice
penalty
fine <= $10K
type of passes and eligibility criteria
Skilled and Semi Skilled workers
Work Permit (foreign worker)
working in
construction
education requirement
SEC/SEC(K)
NTS
NAS
Malaysia
Secondary 4
Malaysia
manufacturing
marine
education requirement
Malaysia
Sijil Pelajaran Malaysia
NTC-3 (Practical) Trade Cert
NAS
high school
trade cert
PRC
NTC-3 (Practical) Trade Cert
ITE Skill evaluation cert (Level 1) for foreign worker
NTS
trade cert
process or services sector
from approved source countries
Malaysian
18 - 58 years old
exception
domestic worker
confinement nanny
Non Malaysian
18 - 50 years old
exception
domestic worker
Non Traditional Source (NTS)
Bangladesh
India
Myanmar
Philippines
Sri Lanka
Thailand
North Asian Source (NAS)
Hong Kong
Macau
Taiwan
South Korea
no min salary
duration
up to 2 years
depend on
validity of passport
security bond
employment period
Work Permit (FDW)
from approved source country
23 - 50 years old
mi 8 years formal education
duration
up to 2 years
Work Permit (Confinement Nanny)
malaysian confinement nanny (23 - 70 years old)
duration
up to 16 weeks starting from the birth
Work Permit (Performing Artiste)
working in public entertainment outlets
bar
hotel
night clubs
duration
up to 6 months
can't get any type of work permit for 1 year from permit expiry
S Pass
monthly earning
$2.3K w.e.f 1 Jan 2019
$2.4K w.e.f 1 Jan 2020
education
degree/diploma
technical cert
technician
specialist
=> 1 year full time study
mid level skilled staff
relevant work experience
duration
up to 2 years
Trainees and students
Training Employment Pass
criteria
salary => $3K monthly
recognized qualifications
sponsored by well established singapore registered company
duration
up to 3 months (no renewable)
EA is not allowed to place TEP holders
for
undergraduate
must be part of degree programme
trainee from foreign office/subsidiaries
to hold recognized qualification
Work Holiday Pass (under work holiday programme)
student and graduate
age 18 - 25
duration: up to 6 months (non-renewable)
from
France
Germany
Australia
Hong Kong
Japan
NZ
UK
US
Work Holiday Pass (under work and holiday visa programme)
for Australian students and graduates
age 18 - 30
work and holiday up to 1 year
Training Work Permit
unskilled or semi skilled employees from related overseas companies
foreign students studying in educational institutions in Singapore and training is part of course requirement
duration: up to 6 months (non-renewable)
no min qualifying salary
EA is not allowed to place TWP holders
Professionals
EntrePass
start and operate new business
no min salary
duration
new: 1 year
renewal: 2 years
no Foreign Worker Levy / quota required
qualification
meet innovative criteria as an entrepreneur, innovator or investor
funding from government-recognized
Venture capitalist
business angle
is an incubate at a government-recognized
incubator
accelerator
has business network and entrepreneurial track record
have started / intend to start private listed company
registered with ACRA must be <= 6 months at application
can register after the outcome of application
holds an intellectual property
all nationalities
has research collaboration with
Institute of Higher Learning
research institute
extraordinary achievements
investment track record
not for
employment agency
geomancy
coffee shop
massage parlor
night club
karaoke lounge
Personalised Employment Pass
qualification
high earning
overseas foreign professional
fixed monthly salary =>$18K within 6 months before application
existing EP
fixed monthly salary => $12K
benefits
can take employment in any sector, subjected to sector specific requirements
when changing jobs
no re-apply for new pass
just inform MOM
when unemployed
continuous period of up to 6 months
not required to leave Singapore
can bring in
parents
spouse
children
duration
up to 3 years
issued only once
not renewable
Employment Pass
earn >= $3.6K / month
acceptable qualifications
specialist skills
professional qualifications
good uni degree
professional, managers, executives
duration
new: up to 2 years
renewals: up to 3 years
no Foreign Worker Levy / quota required
see TGFEP before you submit EP applications
Others
miscellaneous work pass
short term assignment up to 60 days
conduct
seminar
conference
workshop
gathering
religious talk
foreign journalists, reporter, crew member covering an event in Singapore, not supported by any government
must be sponsored by Singapore based organization or society
Work Pass Exempt Activities
short term activities w/o work pass
notify MOM
example
junket
filming / fashion show
journalism
exhibition
arbitration/mediation
duration: not exceed accumulative 90 days in a year
Letter of consent
eligible LTVP/LTVP+ holders
Dependant's Pass holders
who want to work
secure a job with singapore employer
Dependant's pass or LTVP/LTVP+ is valid => 3 months
employer will need to apply
Note
the list is non exhaustive. Visit MOM to learn more
fixed monthly salary = basic monthly salary + fixed monthly allowances
basic monthly salary
fixed monthly regardless of
work performance
takes MC or personal leave
fixed monthly allowances
food allowances
housing
doesn't include
overtime, bonus, commission, AWS
in-kind payments
variable allowances
reimbursements
productivity incentive payments
employer's portion of pension / CPF
retrenchment / retirement payment
EP and S Pass holders with fixed monthly salary >= $6K and sponsored by an established Singapore registered company
Dependant's Pass
for
legally married spouse
children < 21 years
unmarried
legally adopted
not a Work Pass. to work need
dependants of EP
Letter of Consent
dependants of S Pass
Work Permit
S Pass
EP
Long Term Visit Pass (LTVP)
for
common law spouse
step children < 21 years
handicapped children > 21 years
Parents
sponsor must earn > $12K
issued by
ICA
MOM
validity tied to the main applicant (up to 2 years)
not a Work Pass. to work need
S Pass
Work Permit
EP
key legal obligations
Employment of Foreign Manpower (Work Pass) Regulation (EFMR)
work pass conditions
infringement
arrest-able
section 22(1)(a)
work pass regulatory conditions
infringement
non arrest-able
dealt via commission route
section 25(2)
6 schedule
first 3 tied to work pass before issuance (IPA stage)
2nd: Condition and Regulatory of In Principle Approval for S Pass
3rd: Condition of In Principle Approval of EP
1st: Condition and Regulatory of In Principle Approval for a Work Permit
last 3 tied to after issuance
5th: Condition and Regulatory Conditions of S Pass
4th: Condition and Regulatory Conditions of Work Permit
6th: Condition and Regulatory Conditions of EP
work pass condition to employers of non FDW
ensure in principle approval is sent within reasonable time frame
responsible and bear the cost of upkeep and maintenance
bear the cost of medical examination
pay salary on time (no later than 7 days after the end of salary period)
provide medical insurance (at least $15K)
pay monthly levy
ensure acceptable accommodation, update change of address within 7 days
buy security bond for non Malaysian
not demand/ receive any money in connection with employing worker
can't repatriate during statutory claim for salary arrears or work injury compensation claim
must allow worker to hold his/her own pass
inform MOM any changes to business address within 14 days
end of employment or resignation
notice of repatriation
cancel work permit within 7 days
bear the cost of repatriation
clear all outstanding salaries
return work permit card to MOM within 7 days after cancellation
work pass condition to non FDW permit holders
can't marry Singapore citizen or PR without MOM approval
female worker can't be pregnant or deliver a child unless
married to Singapore citizen or PR
MOM gives approval
work pass condition to construction work permit holders
with consent of worker, employer can outsource to 3rd party
check 3rd party eligibility via WPOL
work pass condition to S Pass holders
employer
provide medical insurance (at least $15K)
bear the cost of medical examination/treatment
pay salary on time (no later than 7 days after the end of salary period)
can't reduce salary w/o MOM approval
employer pay monthly levy
must allow worker to hold his/her own pass
inform MOM any changes to business address within 14 days
not demand/ receive any money in connection with employing worker
employee
update MOM any changes in residential address within 14 days
work pass condition to EP holders
employer
not demand/ receive any money in connection with employing worker
pay salary on time (no later than 7 days after the end of salary period)
can't reduce salary w/o MOM approval
employee
update MOM any changes in residential address within 14 days
acceptable accomodation
HDB flats
max occupant
3 room
6
4 room and bigger
9
for
non Malaysian
service
maufacturing
individual room not entire flat
Malaysian
Private residential
for all foreign worker
must be leased out at least 6 months
max no of occupant
6
note
can use other type, obtain approval
penalty
section 22(1)(a) and section 23(1)
online service for employment agency
WP online
renew
cancel
apply
replace
issue
reinstate
EP online
apply
EP
S Pass
Dependant's Pass
LTVP
renew
upload supporting docs
appeal
check status
check quota
Employment / S Pass self assessment tool (SAT)
check eligibility before apply or appeal
doesn't guarantee the outcome
iSubmit
submission of docs
online foreign worker address service (OFWAS)
register and update address
within 5 days of any changes
employment agency directory
find EA
check service quality
penalties