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Employment of Foreign Manpower Act (FDW) (employer's requirement…
Employment of Foreign Manpower Act (FDW)
employer's requirement
financial ability to hire, maintain, and upkeep in proper accommodation
1st time must attend employer orientation programme
has mental capacity to understand and discharge his responsibility as employer
purchase $5K security bond
not an undischarged bankrupt
medical insurance coverage at least $15K
21 years or older
personal accident min $60K payable to her beneficiaries
make monthly levy payments
intro
objectives
regulates the employment of foreign employees (including FDW) and protects their well being
prescribe
reponsibilities
application
cancellations
medical insurance
levy
repatriation
covers
Employment of Foreign Manpower (Work Passes) Regulations
penalties
target audience
foreigner seeking or under employment in singapore
employer
work permit
employer apply for work permit
valid for 2 years
use Work Permit Online System to
request special pass extension
request card replacement
data amendment
enquire employment history
apply, issue, renew, extend, cancel, reinstate
requirement
female
age
23 - 50 at time of application
above 50 can only renew until 60
min 8 years of formal education
approved source
Bangladesh
Cambodia
Hong Kong
India
Indonesia
Macau
Malaysia
Myanmar
Philippines
South Korea
Sri Lanka
Taiwan
Thailand
1st time must attend Settling in programme
key legislation
admin infringement
section 9(1)
penalty
fine <= $10K
to terminate employment upon work pass suspension/revocation withn 7 days notice
section 25(4)
the action can be considered as kickback
penalty
fine <= $20K
employer's recovery of employment cost from foreign worker
section 25(1)
penalty
fine <= $20K
inflate foreign employee entitlement / quota by contributing CPF to singapore citizen/PR who are not employed
section 25(3)
penalty
fine <= $20K
example
wrong salary info on the application form due to lack of attentiveness
provide inaccurate info w/o fraudulent intent
section 25(2)
example
reduce in salary needs to be reported for re-assessment of work pass eligibility
employer of S Pass holder is required to pay wages through GIRO
penalty
fine <= $10K
breach of work pass regulatory conditions
Power of arrest
police / employment inspector may arrest w/o warrant
committing / has committed offence(s)
has abetted any offence(s)
section 21
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 23(1)
3 main limbs
intentionally aiding by an act
conspiracy
instigation
abetment of offences
section 20(1)
offences by bodies corporate
section 22(1)(b)
penalty
prison <= 12 months
fine <= $10K
employee's failure to produce work pass upon demand
section 14
loss/destruction/defacement of work pass
must report within 7 days
penalty
fine <= 10K
section 22(1)(c)
penalty
prison <= 12 months
fine <= $10K
obstruction of employment inspector
section 22(1)(d)
penalty
prison <= 2 years
fine <= $20K
providing false info to the Controller of work pass
section 6A(1)
permitting foreign employee w/o valid work pass to enter or remain at a workplace
penalty
1st
fine <=15K
prison <12 months
subsequent
fine <= $30K
prison <=2 years
section 22(1)(e)
penalty
prison <= 2 years
fine <= 20K
sell / forge / alter / transfer in principle approval / work pass
section 5(2)
working w/o valid work pass
penalty
fine <= $20K
prison <=2 years
section 22(1)(f)
penalty
prison <= 2 years
fine <= 20K
use/possess other person's work pass
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)
penalty
prison <= 12 months
fine <= 10K
failure to declare false declaration offence
section 22(3)
penalty
prison <= 2 years
fine <= 20K
foreign employee furnishing false educational qualification
section 22(4)
penalty
prison <= 12 months
fine <= 10K
failure to declare false declaration of educational qualification offence
section 22A(1)
known as kickbacks
penalty
prison <= 2 years
fine <= 30K
employer's receipt of money in consideration of employment
section 22(B)(1)
penalty
more than 6 false application
canning
prison 6 months - 2 years
fine <= 6K
obtaining work pass for foreign employee for a business that doesn't exist/required to employ foreigner
section 25B(1)
penalty
prison <= 12 months
fine <= 10K
failure to comply with Commissioner for Foreign Manpower's direction
section 10(1)
self employed foreigners w/o valid pass
penalty
1st
fine <= $20K
prison <= 2 years
subsequent
prison 1 month - 2 years
fine <= 20K and
section 22(1)(a)
breach of work pass conditions involving harm/abuse to the employee
penalty
prison <= 12 months
fine <= $10K
key legal obligations
Employment of Foreign Manpower (Work Pass) Regulation (EFMR)
6 schedule
last 3 tied to after issuance
6th: Condition and Regulatory Conditions of EP
4th: Condition and Regulatory Conditions of Work Permit
5th: Condition and Regulatory Conditions of S Pass
first 3 tied to work pass before issuance (IPA stage)
1st: Condition and Regulatory of In Principle Approval for a Work Permit
3rd: Condition of In Principle Approval of EP
2nd: Condition and Regulatory of In Principle Approval for S Pass
work pass regulatory conditions
infringement
section 25(2)
dealt via commission route
non arrest-able
work pass conditions
infringement
section 22(1)(a)
arrest-able
work pass condition to employers
repatriations responsibilities
to international port of entry nearest to her hometown
bear the cost unless Controller says otherwise
mandatory rest day
one day per week
in lieu
monthly pay / 26
not included in her salary for the purpose of calculating her placement fee cap
safe work conditions
clean exterior of windows if
employer or an adult is physically supervise and
window grilles must be locked at all times
amendments to salary
inform Controller
prompt salary payments
no later than 7 days after the agreed salary period
grant adequate daily rest & mandatory weekly rest day
FDW place of residence
resides only in the residential address stated in
work permit
approved in writing by the Controller
upkeep and maintenance
adequate food
medical treatment
proper accommodation
applies to FDW on in principle approval
provision of adequate food
sufficient food
be sensitive and do not force food that she is not comfortable with
3 meals a day
guideline on proper accommodation
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.
work pass regulatory conditions (employer)
medical examination
as and when directed by the Controller
return work pass to controller
within 7 days of cancellation
levy payments
monthly GIRO payment or approved mean by Controller
rate
concessionary
condition
young children/grandchild scheme
aged person scheme
person with disability scheme
rate
$60
normal
$300
start date
1st time FDW
on the 5th day incl arrival day
other case
next day
waiver condition
overseas leave for at least 7 consecutive days. capped at 60 calendar days per calendar year
hospitalization leave issued by singapore hospital (capped at 60 calendar days)
FDW doesn't return to singapore after overseas leave
FDW is at police custody or is housed at the embassy
penalty
late payment
FDW work permit cancelled
employer won't be allowed to apply or renew work permit
legal action to recover the unpaid levy
reporting and cancellation of work pass
employer must report missing FDW within 7 days
salary payments
maintain monthly salary payment record
FDW must sign the record
transfer to singapore bank if she so request
knowledge of work pass contravention
report and comply with Controller's instructions
example of work pass conditions (FDW)
duties and place of employment
only perform household and domestic duties at the residential address stated in work pass or approved address by the Controller
conduct
can't become pregnant or delivery any child in Singapore
not involved in illegal, immoral, undesirable activities incl breaking up families in Singapore
employment
must only work for the employer specified in work pass
good employment practice to adopt
don't withhold passport
don't keep salary
communicate house rules and work schedule
employer's family integration
tolerant
understanding her background
provide means to seek help and escape in times of emergency
open communication
contact family or friends
allow weekly rest day
draw up employment contract
avoid disputes