CEI EX For Learners

Certificate of Employment Intermediaries
EXERCISES
CONTENTS
LEARNING ACTIVITY 1 ......................................................................................1

LEARNING ACTIVITY 5 ....................................................................................11
LEARNING ACTIVITY 10A ...............................................................................25
LEARNING ACTIVITY 10B ...............................................................................27
LEARNING ACTIVITY 10C ...............................................................................29
LEARNING ACTIVITY 10D ...............................................................................30
LEARNING ACTIVITY 11 ..................................................................................31
LEARNING ACTIVITY 1: Business Organisations
Learning Objectives:
1. State the types of organisations that an Employment Agency business can be set up as.
2. List the relevant legislations that Employment Agencies are governed by in Singapore.
✓ 25 mins
✓ You will be assigned to a group.
✓ Your group is required to discuss the given questions for 15 mins.
✓ Your group will assign a spokesperson to present the answers to the class in not more
than 3 mins
Task -
Come up with a table showing the pros and cons of setting up an Employment Agency as
Registration
Type Laws Registration AGM
Fees
Sole- Business -Any person who is 18 years of age Name approval
proprietorship Names and above fee: $15
Registration Business NO
Act registration
fee: $100
Partnership Business -Any person who is 18 years of age Name approval
Names and above fee: $15
Registration -Min of 2 partners Business NO
Act -Maximum of 20 partners registration
fee: $100
Limited LLP Act -Cannot be: an undischarged Name approval
Liability 2005 bankrupt; or convicted of any fee: $15
Partnership offence involving fraud or Business
dishonesty in Singapore or elsewhere registration
NO
-Minimum of 2 partners (no cap on fee: $100
number of partners)
-Max of 20 partners
-Partners must be 18 years and above
Company Companies -At least 1 director (above 18 years Name approval
Act of age) fee: $15
Singapore citizen/ PR/Entre-pass- Business YES
holder registration
fee: $300
1
Foreigner must register with local
director
-Cannot be: an undischarged
bankrupt; or convicted of any
offence involving fraud or
dishonesty in Singapore or elsewhere
-Maximum no of shareholders: 50
2
LEARNING ACTIVITY 2: EARF for KAHs
Learning Objective 2: State the process involved in setting up an Employment Agency, i.e.,
Licence application & renewal, EA Personnel Registration
✓ 30 mins
than 3 mins
Task -
You are planning to start an EA Business with your brother and sister, who are keen to be your
staff and NOT partners. Your sister, being an experienced Finance admin, would like to work
as a Finance and Admin Executive in your set-up while your brother would love to be your EA
staff. List down all the details about what you have learnt from Module 1 and Module 2 on
going about to setting up a sole proprietorship with your siblings as your staff.
There is no model answer as the answers are all covered in the LG

1. Need to register the Business
3
LEARNING ACTIVITY 3: Competition Act
1. Explain the activities prohibited under the Competition Act for Employment Agencies
2. State the formal powers that the CCS has under the Competition Act
3. Explain the consequences of infringing the Competition Act
Case Study: Price fixing of monthly salaries of new Indonesian Foreign Domestic Workers by
Employment Agencies CCS 500/001/11
On 19 January 2011, the Today newspaper and Channel News Asia reported that 17 major
Employment Agencies in Singapore were going to increase the monthly salaries for new
Indonesian Foreign Domestic Workers to $450. On 20 January 2011, CCS commenced
investigations as to whether there had been a breach of the section 34 prohibition of the
Competition Act.
On 21 January 2011, CCS conducted simultaneous inspections without notice at the premises
of two of the Employment Agencies, pursuant to section 64 Notices. Interviews with key
personnel of these undertakings were also subsequently conducted pursuant to section 63
Notices.
Q1. Why did the CCS investigate the Employment Agencies involved?
The Facts:
On 19 January 2011, the Today newspaper and Channel News Asia reported that 17 major
EAs in Singapore were going to increase the monthly salaries for new Indonesian FDWs to
$450.
Upon receiving this information, the Competition Commission of Singapore, on 20 January
2011, commenced investigations to ascertain whether there had been a breach of the section
34 prohibition of the Act.
4
Q2. Explain the activities that the 2 Employment Agencies were involved in that were prohibited
under the Competition Act for Employment Agencies.
Investigations & Findings:
From the inspections and interviews, CCS obtained evidence that there was a meeting at 2pm
on Sunday 16 January 2011 at Keppel Club involving 16 EAs. The Keppel Club meeting was
organized by Nation and Best Home with the intent of discussing the new regulatory
framework for EAs to be implemented by MOM in April 2011. During the course of the
meeting, the 16 EAs also discussed about increasing the monthly salary of the new
Indonesian FDWs in order to resolve the problem of reduced supply of the same.
A. The Section 34 Prohibition & Its Application to Undertakings
Section 34 of the Act prohibits any agreements between undertakings, decisions by

associations of undertakings or concerted practices which have as their object or effect the
prevention, restriction or distortion of competition within Singapore.
Specifically, section 34(2)(a) of the Act states that agreements, decisions or concerted
practices may, in particular, have the object or effect of preventing, restricting or distorting
competition within Singapore if they directly or indirectly fix purchase or selling prices or any
other trading conditions.
Q3. What was the outcome of the case?
Case Summary:
The Competition Commission of Singapore issued an Infringement Decision against 16
employment agencies in Singapore for breaching the Competition Act. The agencies were
found to have infringed section 34 of the Act, which prohibits, amongst other things, price
fixing activities.
The employment agencies engaged in anti-competitive conduct by participating in a meeting

that attempted to collectively fix the monthly salaries of new Indonesian Foreign Domestic
Workers in Singapore, with the object to restrict competition.
5
Further information on the investigation, analysis of the case and the basis of calculation of the
financial penalty imposed on the infringing parties are set out in the Infringement Decision
(ID) and the document is available via this link..
https://www.ccs.gov.sg/~/media/custom/ccs/files/public%20register%20and%20consultation/public
%20consultation%20items/price%20fixing%20of%20monthly%20salaries%20of%20new%20indonesia
n/ea20id2020public20version203020sept.ashx
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LEARNING ACTIVITY 4 – Employment Act
2.Explain the difference between Employment for Contract and Employment of Contract
3.List the key employment terms of an Employment Contract
4 Explain the employment terms and standards stipulated under the Employment Act
✓ 40 mins
than 3 mins
Task –
• Explain the conditions for an ‘incomplete month’s work

Incomplete month of work
Where an Employee:
o Starts work after the first day of the month
o Leaves employment before the last day of the month
o Takes no-pay leave of one or more days during the month
o Is on reservist training during the month
If you are a monthly-rated full-time Employee, you can use this formula to calculate
salary for an incomplete month of work:
𝑀𝑜𝑛𝑡ℎ𝑙𝑦 𝑔𝑟𝑜𝑠𝑠 𝑟𝑎𝑡𝑒 𝑜𝑓 𝑝𝑎𝑦 𝑇𝑜𝑡𝑎𝑙 𝑛𝑢𝑚𝑏𝑒𝑟 𝑜𝑓 𝑑𝑎𝑦𝑠 𝑡ℎ𝑒 𝑒𝑚𝑝𝑙𝑜𝑦𝑒𝑒

×
𝑇𝑜𝑡𝑎𝑙 𝑛𝑜. 𝑜𝑓 𝑤𝑜𝑟𝑘𝑖𝑛𝑔 𝑑𝑎𝑦𝑠 𝑖𝑛 𝑡ℎ𝑎𝑡 𝑚𝑜𝑛𝑡ℎ 𝑎𝑐𝑡𝑢𝑎𝑙𝑙𝑦 𝑤𝑜𝑟𝑘𝑒𝑑 𝑖𝑛 𝑡ℎ𝑎𝑡 𝑚𝑜𝑛𝑡ℎ
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• Explain the difference between Gross Rate of Pay and Basic Rate of Pay. Why do you
need to distinguish between these two terms?
Gross rate of pay Basic rate of pay

For calculating: For calculating pay for work on a rest day or
public holiday
• Salary in lieu of notice of termination of
service.
How it is • Salary deduction for unauthorised
used? absence from work.
• Paid public holidays.
• Approved paid leave, including annual
leave, hospitalisation leave and maternity
leave.
Gross rate of pay includes allowances that an Basic rate of pay includes wage adjustments and
What is Employee is entitled to under a contract of increments that an Employee is entitled to under
included? service a contract of service.
Gross rate of pay excludes: Basic rate of pay excludes:
• Overtime payments, bonus payments and • Overtime payments, bonus payments and
What is annual wage supplements (AWS). annual wage supplements (AWS).
excluded? • Reimbursement of special expenses • Reimbursement of special expenses incurred
incurred in the course of employment. in the course of employment.
• Productivity incentive payments. • Productivity incentive payments.
• Travel, food and housing allowances • Any allowance.
Scenario 1:
Mohan is a salesman with a major Departmental store. His rest days are on Fridays. His boss
requested him to work on Good Friday, anticipating that there will be more shoppers as it is a
Public holiday.
Qn1: What is Mohan entitled to, for working a full day on a Rest Day?
(Answer: 2 times daily basic rate of pay or replace a Day off. In addition, the next working day
is a replacement PH)
Qn2: What would be his entitlement if his rest day was on Tuesdays?
(Answer: 1 Day additional basic rate of pay + 1 Day Gross or replace a Day off)
Scenario 2:
Betty is a Singaporean Citizen and has been working as an Admin Executive for 2 months when
she realized that she was 3 months pregnant with her 3rd child. She is married to a Singaporean.
Qn 3: How many weeks of maternity leave would she be entitled to for her 3rd child?
(Answer: 16 weeks under CDCA)
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Qn 4: How many weeks of maternity leave would she be entitled to for her 3rd child, if she was
married to a Malaysian and that she delivers the baby in Johore?
(Answer: 12 weeks under EA if the baby is Malaysian, 16 weeks under CDCA if the baby is
Singaporean)
Notes for Q1 & 2:

You can claim pay for work on a rest day if you are:
• A non-workman earning up to $2,500.
• A workman earning up to $4,500.
Arrangement for public holidays (PH) falling on non-working day or rest days
a. If the public holiday (PH) falls on a non-working day, your employer need to do one of the
following:
• Pay you an extra day's pay at gross rate for the PH, or
• Give you a day off in substitution for the PH
b. If the holiday (PH) falls on a rest day, your employer needs to:
• Give you a replacement PH on the next working day.
Pay for working on a holiday
If you are required to work on a public holiday, you should be paid an extra day's salary at the
basic rate of pay.
• If you work on a public holiday, by default, your employer should pay you an additional
1 day of basic rate of pay. Alternatively, by mutual agreement, you can get a public
holiday in replacement; or time off in lieu (applies only to managers and executives).
• Your monthly gross salary already includes payment for the holiday, so your employer
need only to pay you an additional day of basic pay.
• If you are absent without reason on the working day before or after the holiday, you are
not entitled to the holiday pay. Your employer can therefore deduct one day's pay at the
gross rate from your monthly gross salary.
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Under different scenarios, your pay for working on a public holiday is as follows:
If you work on a public
You are entitled to the following
holiday that falls on
A working day • An extra day’s salary at the basic rate of pay.
• The gross rate of pay for that holiday (already included in monthly
salary).
• Overtime pay if you work beyond your normal hours of work.
A rest day • Payment for work done on a rest day.
• Overtime pay if beyond normal hours of work.
The next working day will be a paid holiday instead
A non-working day (e.g. • Overtime pay for extra hours worked on a Saturday.
Saturday for employees on a 5- • One extra day’s salary at the gross rate of pay or another day off for the
day work week) public holiday.
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LEARNING ACTIVITY 5 – TAFEP & FCF
1. List down fair employment practices.
2. State how we can promote strong Singaporean core
3. State the best practices to advertise for job opportunities in the media without discrimination
4. Explain actions required of Employment Agencies found to have posted discriminatory job
ads
5. State the consequences Employment Agencies and Employers may face for non-adherence of
TAFEP & FCF’s guidelines
✓ 35 mins
than 3 mins
Task –
No Questions Suggested Answers

1 State at least 3 Fair Any 3 of the following;
Employment Practices • Recruit/ select employees on the basis of merit (not
of age, race, gender, religion, family status or
disability)
• Treat employees fairly and with respect
• Implement progressive human resource management
system
• Equal for training/development
• Reward fairly based on their ability, performance,
contribution and experience
• Abide by labour laws and adopt Tripartite Guidelines
2 State at least one guideline Any one of the following;
when advertising for a job o Ensuring that jobs advertised must be open to
opening Singaporeans.
o Working with educational institutions, career
centres and recruitment agencies to attract and
recruit Singaporeans.
o Developing skills and expertise of Singaporean
employees for higher level jobs.
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3 How would you rephrase
these adverts terms to
conform with TAFEP’s
guidelines?
(a) Mandarin speaking Bilingual with proficiency in mandarin preferred to liaise
with mandarin speaking clients
(b) Only singles between the Candidate is required to travel extensively
ages of 25 to 35 can apply
as extensive travel is
required
4 What are the penalties for • Employer: Provisional / permanent Blacklist
failure to comply with • Employment Agency: Demerit points; licence
TAFEP’s guidelines suspension or revocation
*Recalcitrant Employment Agencies would be met with

harsher penalties
Firms with discriminatory hiring practices will be subject to

scrutiny and may have their work pass privileges curtailed.
These changes are in place to reinforce expectations for
Employers to consider Singaporeans fairly for job
opportunities and to enhance job market transparency
12
LEARNING ACTIVITY 6 – CPF Act
Identify the items in a pay slip that attracts CPF contribution
✓ 15 mins
Task -
Which of the following types of allowances and payments attract CPF contributions?
IS CPF
No TYPE DESCRIPTION
PAYABLE?
Attendance Payment to Employees for good work and
1 Yes
allowance attendance
Anniversary cash
2 Payment to Employees on company’s anniversary Yes
award
Annual wage Payment to Employees at the end of the financial
3 Yes
supplement / bonus year
Cost of living Payment to Employees as part of Employee’s
4 Yes
allowance wages
5 Dirt allowance Payment to Employees for performing field duties Yes
Part-time / casual CPF contributions are payable for part-time/casual
6 Yes
Employees Employees
Education Contractual payment for education of Employee’s
7 Yes
allowance children
Payment to Employees for extra work done; e.g.
Extra duty
8 night duty, overtime, public holiday, acting Yes
allowance
allowance etc.
Cash gift (e.g. hongbao) given to Employees
9 Festive allowance Yes
during festive season
Payment to Employees for good service while still
10 Gratuity Yes
in employment Y
Grooming and hair Payment to Employees for enhancement of
11 Yes
cut allowance appearance
12 Holiday expenses Fixed payment to Employees for vacation Yes
13
Hand-phone and Payment of hand-phone and pager allowances to
13 Yes
pager expenses Employees
Housing / rental
14 Payment to Employees for housing rent Yes
expenses
15 Incentive allowance Cash payment incentive Yes
Payment to Employees for laundry expenses on
16 Laundry expenses Yes
personal clothing
Cash award given to Employees with less than 5
17 Long service award years' service and every subsequent period of less Yes
than 5 years' service.
Cash award given to Employees with at least 5
years' service and every subsequent period of not
less than 5 years' service (i.e. 5, 10, 15 and so on),
18 Long service award and the cash award exceeds the Employee's Yes
Ordinary Wages for the month in which it is given.
CPF is payable on the amount in excess of the
Ordinary Wages.
19 Leave pay Payment in lieu of leave Yes
Maternity Payment to female Employees during confinement
20 Yes
allowance and in addition to monthly salaries
Monthly lump sum payment for meals to
21 Meal expenses Yes
Employees
National Service Make-up pay given by MINDEF/SCDF/SPF for
22 Yes
(NS) Make-up Pay NSmen Employees during their NS training period
Payment to Employee to defray the cost of an
23 Per diem allowance overseas assignment, regardless of whether actual Yes
expenditure is incurred.
Personal clothing
24 Payment to Employees to enhance appearance Yes
allowance
Probation period
25 Wages for Employees on probation Yes
pay
26 Productivity award Cash award for staff productivity Yes
Sales performance
27 Payment to Employees for attaining sales target Yes
award
Cash proceeds for the share options given to the
28 Share option Yes
Employee
Stand-by duty
29 Payment to Employees for stand-by duties Yes
allowance
14
Termination
30 Temporary lay-off benefits Yes
benefits
Cash collected from customers to augment wages
31 Tips Yes
of hotel and restaurant Employees
32 Transport expenses Payment to Employees for transport subsidies Yes
Collection by hotels/restaurants and distributed as
33 Service charge Yes
part of wages to Employees
Payment to Employees based on percentage of
34 Commission Yes
sales achieved
Payments for expenses not necessarily incurred by
Flexi-benefit
35 Employer, e.g. Employee’s groceries, home Yes
expenses
renovations
Reimbursement for expenses necessarily incurred
Flexi-benefit
36 for on behalf of the Employer, e.g. holiday No
expenses
facilities, professional publications
Handphone and Payment of handphone and pager charges directly
37 No
pager expenses to third party e.g. service provider NO
Handphone and Reimbursement for actual handphone and pager
38 No
pager expenses expenses incurred for official purposes
Education / training Reimbursement for course and examination fees as
39 No
reimbursement part of Employee’s training programme
Entertainment
40 Reimbursement for entertaining company’s clients No
expenses
Housing / rental
41 Payment of rent directly to third party e.g. landlord No
expenses
42 Incentive allowance Incentive in kind e.g. token gifts No
Reimbursement for laundry expenses to uniformed
43 Laundry expenses No
Employees
Finders introduction Payment to Employees for introducing workers to
44 No
fees company
45 Gifts in kind Award in kind e.g. token gifts No
Variable sum given as reimbursement for holiday

46 Holiday expenses No
expenses incurred by Employees N
Meal reimbursement for staying beyond working

47 Meal expenses No
hours, i.e. overtime
15
Sales proceeds if the shares options have been
48 Share option exercised and the shares are held in the No
Employee’s name.
Payments granted in kind to Employees where no
49 Share option No
cash payments are payable to Employees.
Retirement gratuity, retrenchment pay, ex-gratia
Termination
50 payment, salary in lieu of notice, severance pay, No
benefits
compensation for loss of employment
Reimbursement for travel in the line of official
51 Transport expenses No
duty.
Work Injury Payment to Employees for injuries under the Work
52 No
Compensation Act Injury Compensation Act
Reimbursement paid under company's maternity
53 Maternity subsidy No
expenses scheme
Reimbursement for expenses incurred on behalf of
Per diem the Employer for official purposes and the amount
54 No
reimbursement of reimbursement does not exceed the actual
expenditure.
Staff welfare Gifts in kind to Employees on their marriage or
55 No
benefits birth of their children
16
LEARNING ACTIVITY 7 – PDPA
Learning Objective:
1. Explain the information life cycle and the obligations under the PDPA
✓ 20 mins
than 3 mins
Task –
Q1. As an Employment Agency, state the 4 steps on handling client information securely.
Q2. State how you could meet the 9 PDPA obligations where possible.
Recommended Answers
1. In your groups, state, as an Employment Agency, the 4 steps on handling client
information securely
4 steps on handling client Information securely.
Participants to elaborate on how they would manage client information at each of the stages.
In Step 1 for example, collection of client information, there should be prescribed forms for
clients to fill in the necessary information. It should also be handled by an assigned EAP and it
is the sole responsibility of the EAP to safe guard the client’s information all the way.
Likewise, participants to elaborate the details for each of the ‘Step’
17
2. State how you could meet the 9 PDPA obligations where possible.
The Data Protection (DP) Provisions contain nine obligations which organisations are required
to comply with if they undertake activities relating to the collection, use or disclosure of personal
data. These obligations may be summarised as follows.
Section of
Steps
PDPA
Consent Only collect, use of disclose personal data with
1 Sections 13-17
Obligation consent
Purpose
Collect, use of disclose personal data for the
2 Limitation Section 18
purpose for which consent has been given
Obligation
Notify individuals of the purpose(s) for
The Notification
3 collecting, use or disclosure of their personal Section 20
Obligation
data
The Access & Upon request, provide information about use or
4 Correction disclosure of personal data and correct any error Sections 21-22
Obligations or omission
The Accuracy Ensure personal data collected is reasonably
5 Section 23
Obligation) accurate and complete.
The Protection Making security arrangements to protect the
6 Section 24
Obligation personal data collected
The Retention
Cease retention of personal data when it is no
7 Limitation Section 25
longer necessary
Obligation
The Transfer Transfer of personal data to another country
8 Limitation only when you can ensure the standard of Section 26
Obligation protection of personal data is comparable
Make information about your data protection
The Openness
9 policies, practices and complaints process Sections 11-12
Obligation
available on request.
.
18
LEARNING ACTIVITY 8 – PHTA
Learning Objective:
State the actions that Employment Agencies can take to prevent human trafficking
✓ 20 mins
✓ Your group will assign a spokesperson to present the answers to the class in not
more than 3 mins
Task -
Q1. A Foreign Domestic Worker was physically abused, given little food, illegally confined
and had her salary withheld by her Employer. The Employer forced her to work long hours a
day with little rest, and when the Foreign Domestic Worker requested to leave employment,
the Employer locked her up and confiscated her phone so that she would not be able to tell
anyone about the abuse. Would this be tantamount to a trafficking-in-persons (TIP) case?
The Prevention of Human Trafficking Act states that any person who recruits, transports,
transfers, harbors or receives an individual by means of (a) the threat or use of force or other
forms of coercion; (b) abduction; (c) fraud or deception; (d) the abuse of power; (e) the abuse
of a position of vulnerability of the individual; or (f) the giving to, or the receipt by, another
person having control over that individual of any money or other benefit to secure that other
person’s consent for the purpose of exploitation (whether in Singapore or elsewhere) of the
individual shall be guilty of an offence.
From the definition above, the law makes clear the three necessary elements for the offence to
be made out.
• First, there must be an “act” of recruitment, transportation, transfer, harbouring or
receipt of an individual.
• Second, this act must be accompanied by “means” of a threat or use of force, or any
other form of coercion, of abduction, or fraud, or deception, or of an abuse of power or
a position of vulnerability, or of the giving or receiving of payments or benefits to
achieve the consent of a person having control over the trafficked victim.
• Third, these must be done for the “purpose of exploitation”, such as sexual
exploitation, forced labour, or organ removal.
In this scenario, the Foreign Domestic Worker was physically abused and illegally confined.
Hence, this may be tantamount to TIP. Employment Agencies should report any suspicions of
TIP offence to the Ministry of Manpower or the Singapore Police Force.
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Q2. What are the key offences and punishments under the PHTA?
Max Penalty for

Max Penalty for
Offence Target 2nd or subsequent
1st offence
offence
Trafficking in Person who carries out

Persons (Section 3) TIP
Up to 10 years
Abetment of Ringleaders/
imprisonment and
Trafficking in masterminds, agents and
$100,000 fine Up to 15 years
Persons (Section 5) middlemen
imprisonment,
Persons who receive Person who obtains a $150,000 fine and
payments in financial gain from the The Court may 9 strokes of caning
connection with the trafficked activity but order caning of up
exploitation of who is not directly to 6 strokes
trafficked victims involved in the offence
(Section 6) itself/in the abetment of it
Q3. What steps can you take to be a responsible Employment Agency?
• Employment Agencies have a duty of care toward their clients, including foreigners
whom they bring into Singapore for employment
o To the best of your ability, ensure that the foreigner is aware of his/her job
scope and terms of employment
o Do not proceed with the job placement if you have reason to believe that the
Employer has intentions to exploit the foreigner in any way
• Make it clear to the Employer that they are not allowed to abuse their employees,
such as
o Physical, psychological abuse
o Isolation, confinement, constant surveillance
o Threats (e.g. against family, withholding of salary)
o Removal of means to contact authorities, family, or Employment Agency for
assistance if required
• Ensure foreigners have your contact details, as well as contact details of MOM, SPF
and relevant embassies
• Establish means of communications with foreigner and check on his/her well-being
especially during first few months of deployment
• Alert MOM if you suspect trafficking activities
• Make a police report if you suspect cases of human trafficking
20
LEARNING ACTIVITY 9 – WICA
1. State who is covered under WICA
2. List the categories of people who are not covered under WICA
3. Explain when employer is liable and not liable for WICA compensation
4. Explain the employer's insurance liabilities and obligations
5. State when and how to notify an incident
6. State the 3 types of compensation that an injured employee can be compensated for
7. State the compensation limits under WICA
8. Explain the ‘Claim’ process under WICA
9. State key offences under the WICA
✓ 40 mins
more than 3 mins
Task -
Q1: State one of the key differences between WICA and Common Law
Any one of the answers in the table.
Key differences
WICA Common Law
You don’t need a lawyer. You will require a lawyer and have to pay
MOM will assist in your claim and resolve their legal fees.
any disputes. MOM has interpreters.
The amount of compensation is based on a There is no limit on the amount of
formula and has set limits. compensation, but you will have to prove
damages before the Court.
No need to prove the Employer was at fault, You need to prove that either your
just that the injury or disease was due to Employer or a third party was at fault.
work.
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Q2: A Foreign Domestic Worker while cleaning the shelves in her Employer’s home slipped
and fell and was brought to hospital. After diagnosis, she was hospitalized for 5 days and
given 10 days medical leave by the hospital upon discharge. What compensation can the
foreign domestic worker claim for her work injury?
The Foreign Domestic Worker is not covered under WICA. Therefore she is not eligible to
claim compensation for the accident under WICA.
Q3: For whom does the Employer have to buy WIC insurance for?
If you are an Employer, you are required to buy work injury compensation insurance for:
• All employees doing manual work, regardless of salary level.
• All employees doing non-manual work, earning $1600 or less a month.
You must have insurance for both local and foreign employees.
For other employees, you have the flexibility to decide whether to buy insurance for them.
However, if those employees make a valid claim, you will have to compensate them regardless
of whether they are insured.
Qn 4: List down the four scenarios an Employer should notify incidents to MOM. For each of
the scenario, what is the timeframe for the Employer to notify MOM?
Scenario Reporting Method
An employee died in a work accident • Submit incident report online at

www.mom.gov.sg/iReport within 10
calendar days of accident.
An employee was injured in a work • Submit incident report online within 10
accident or contracted a disease due calendar days of accident or within 10
to work exposure to biological / days from the 4th day of medical leave
chemical agent, and whichever applicable.
- Hospitalized for at least 24 • If the employee subsequently died from
hours, or injury/disease, you must notify MOM at
- Given medical leave for more http://www.mom.gov.sg/contact-us with
than 3 days (whether the case reference number and details of
consecutive or not ) the death.
An employee contracted an Submit incident report online within 10
Occupational Disease calendar days of receiving the written
diagnosis of the disease.
22
Q5: State the 3 types of compensation that an injured employee may claim for his work
injury.
• Medical leave wages for days employees were issued with medical leave due to the
work injury or disease.
• Medical expenses, including employees’ hospital bills, medication and other charges,
due to the work injury.
• Lump sum compensation for permanent incapacity or death.
Q6: Describe the work injury compensation claim process.
The answer should include key Employer’s duties to provide treatment when the employee
was injured at work, ensuring the employee submits the application form to claim
compensation under WICA, enabling return to work and the 21-day timeline to pay
compensation after NOA was issued.
23
Q7: List the key offences and penalties under WICA.
Offence Penalty
Failure of Employer to report a reportable First offence – A fine of up to $5,000;

accident within statutory timelines
Second or subsequent offences – A fine of
up to $10,000 and/or imprisonment of up to
6 months
Failure of Employer/insurer to pay Fine of up to $10,000 or imprisonment of

compensation up to 12 months or to both
Provision of false information or statement A fine of up to $5,000 or imprisonment of

up to 6 months or to both
Wilfully obstructing or delaying the

Commissioner or investigation officer in
exercising his powers or duties
Failure to purchase adequate insurance Fine of up to $10,000 or imprisonment of

up to 12 months or to both
24
LEARNING ACTIVITY 10A – EARF (General)
• Explain what constitutes EA activities
• List the different categories of EA licences and the requirements attached to them
✓ 40 mins
than 3 mins
Task –
1. What are the key differences between an Employment Agency dealing with Foreign
Workers only and those dealing with Foreign Domestic Workers?
Employment Agencies Dealing with only Employment Agencies Dealing with

Foreign Workers Foreign Domestic Workers
1. Employment Agency can place local and Employment Agency can facilitate
Foreign Workers but not Foreign Domestic employment for foreign workers for all
Workers work passes and locals
2 Responsibility is different. Employment Responsibility is different. Refer to:
Agencies have to ensure that the Foreign http://www.mom.gov.sg/faq/work-permit-
Workers are being hired for the purpose as for-fdw/what-is-the-fdws-employment-
stated by the potential Employers agency-responsible-for
3 Source country of Foreign Worker Source country of Foreign Domestic
Worker
4 Pre-requisite of Foreign Workers Pre-requisite of Foreign Domestic Workers
25
2. What are the differences of having a Comprehensive Licence (ALL) compared to a
Comprehensive Licence (Local) and Comprehensive Licence (non FDW)?
Issues Comprehensive (All) Only FDWs Local

1 Legislations Need to be concerned with Need to be Do not have to be
all legislations pertaining conversant with concerned with EFMA
to EARF, Employment EARF, EFMA and and Immigration Act
Act, CPF Act, Immigration Act
Immigration Act, EFMA But must me
and TAFEP/FCF conversant with
EARF, Employment
Act, CPF Act and
TAFEP/FCF
2 Source Need to be connected Focussed on No impact
Country and with all traditional source traditional source
Agents from countries like Indonesia, countries like
source India, Sri Lanka, Indonesia, India,
country Philippines and Myanmar Sri Lanka,
for FDWs and all other Philippines and
countries like Malaysia, Myanmar
Thailand, etc. for Foreign
Workers
3 Work Passes Familiar with ALL types Need to specialize No impact on Foreign
of Work Passes issued by in Work Permits Employees and Work
MOM and also by requirements and Pass issues
Immigration Department application
processes
26
LEARNING ACTIVITY 10B – EARF (General)
Learning Objective:
• State the key legislation and regulations under the EAA, EA Rules & EALCs related to
operating an Employment Agency
✓ 30 mins
than 3 mins
Task –
Q1 What are the areas that Employment Agencies and Employment Agency Personnel need to
look out for in the course of their work when dealing with clients seeking jobs? What are the
penalties involved if the agencies and their personnel commit an offence in these areas?
a) The Ministry of Manpower (MOM) has been revoking the licences of employment
agencies (EAs). MOM has also forfeited the security deposits2 of these agencies while the
licensees and directors have been barred from holding Employment Agency licences and
key appointment3in other EAs.
b) The revocations were due to various infringements under the Employment Agencies
Regulatory Framework and the Employment of Foreign Manpower Act. These
infringements ranged from the illegal employment of foreigners, helping to make false
declarations in work permit applications and abetting the operations of unlicensed
employment agencies/agents.
Type Offences / Infringements

Licensee was prosecuted and fined a total of $16,850 for illegally employing a
Foreign Domestic Worker (FDW) at her residence.
Licensee was prosecuted and fined a total of $16,850 for abetting the illegal
Foreign employment of an FDW by the licensee of another agency
Domestic The agency was prosecuted and fined $2,000 for abetting the illegal employment of
Worker an FDW.
Licensee was not involved in the running of the Employment Agency which was
left to one Employment Agency Personnel who was convicted and fined for abetting
the illegal employment of an FDW.
Licensee was convicted and fined a total of $10,000 for illegally employing an FDW
and making a false declaration.
27
Licensee was convicted and fined $2,000 for allowing an FDW to work part-time
for 2 employers, without a valid work permit.
The Agency was prosecuted and fined $1,400 for failing to return passports
belonging to the Foreign Workers.
Employment Agency was prosecuted and fined $1,200 for two charges of failing to
return passports belonging to the Foreign Workers.
Licensee was fined $2,000 for abetting an unlicensed employment agent by
Foreign assisting to process its applications for work permits.
Worker Employment Agency – KAH was fined $2,000 for failing to return passports
belonging to the Foreign Workers.
Licensee was prosecuted and fined $3,000 for abetting the illegal employment of a
S Pass holder. He was also charged and fined $5,000 for abetting the Employer of
the S Pass holder to make false salary declaration
Licensee was prosecuted and fined a total of $40,000. Licensee had falsely declared
to Controller of Work Pass that foreigners would be working in her employment
agency. The licensee was also charged for abetting an Employer to make false
declarations and illegal employment of foreigners
Licensee was prosecuted and fined $2,000 for abetting the activities of an
unlicensed Employment Agent.
Licensee was prosecuted and fined $3,000 for abetting the activities of unlicensed
Employment Agents.
The licensee had assisted the activities of an unlicensed agent even though he knew
of his unlicensed status. He was convicted and fined $2000 for abetting the activities
of an unlicensed Employment Agent.
Q2 What are policies and processes that Employment Agencies and Employment Agency
Personnel can put in place to ensure that there are proper controls and oversight of the areas
above?
a) Procedures and processes
b) Stiffer penalties
c) More policing
d) Raising entry requirements
28
LEARNING ACTIVITY 10C – EARF (General)
• Explain the aspects of good Employment Agency practices
✓ 30 mins
than 3 mins
Task –
As an Employment Agency, why is there a need to establish good practices like:

a. Proper documentation of fees and charges
b. Issuance of itemized receipts
c. Refund policies
d. Verification processes
a. Dispute resolution processes?
All these are processes put in place to ensure that NO Employment Agencies or Employment
Agency Personnel will get away with such offences.
Refer to LG for details: Aspects of good Employment Agency Practices (Page 293-294)
References:
1. Licensing requirements: Page 278 – 279
2. EA Licensing Framework: Page 280
3. Security Deposit: Page 281
4. Revocation of Licence: Page 282
5. EALC: Page 288
29
LEARNING ACTIVITY 10D – EARF (General)
• Explain the aspects of good EA practices
✓ 30 mins
than 3 mins
Task – Summary of learning
As an Employment Agency, why is there a need to establish good practices like

a. Dispute Resolution Mechanism;
b. Duty of Care;
c. EA Professionalism?
All these are processes put in place to ensure that NO Employment Agencies or Employment
Agency Personnel will get away with such offences.
Refer to LG for details: Aspects of good EA Practices (Page 293-294)
References:
1. Licensing requirements: Page 278 – 279
2. EA Licensing Framework: Page 280
3. Security Deposit: Page 281
4. Revocation of Licence: Page 282
5. EALC: Page 288
30
LEARNING ACTIVITY 11: Contract Law
1. Explain the 3 elements that constitute legally enforceable contracts
2. State the 5 key factors that can make contracts void or voidable
3. List the 4 approaches by which contracts can be legally terminated
4. Explain the 6 types of remedies for breach of contract
✓ 30 mins
more than 3 mins
Task –
Q1. Explain the 5 vitiating factors that can make contracts void or voidable
Incapacity Generally, all persons (including corporations and limited liability

partnerships) have the capacity to enter into contracts except:
• Minors
• Drunkards
• Mentally disordered persons
Misrepresentation A false statement of fact made by one party in the course of negotiations
to the other party which induces the other party to enter into the contract
• Cannot sue for misrepresentation if there is no reliance on the
statement
• Must be as to fact, not as to law or opinion or intention
• Types of misrepresentation:
o Fraudulent
o Negligent
o Innocent
Duress / Undue Duress
Influence • Forms of Duress: actual or threatened violence to a person or
to his family members or to his property
• Can also be Economic
• Contract is Voidable
Undue Influence
• An indirect form of pressure
31
• Involves some coercion, unfair or improper conduct, cheating
and some advantage to the doer
• Usually arises where there is a relationship of confidence
between 2 contracting parties which puts one of them in a
position to exercise influence over the other and that influence
is unfairly used
• Examples (not exhaustive):
o Parent-child
o Lawyer-client
o Doctor-patient
o Religious leader-follower
• Contract is voidable
Mistake The categories are:
• As to existence/identity of subject matter
• As to identity of person
• As to signed documents
If a mistake is entered into under a fundamental mistake, then it is
void.
Conflict with a • Void if injurious to public good
Legal Rule o Ousting jurisdiction of court
o Damaging the institution of marriage
o In restraint of trade
• A contract is void if
o it is in the public interest that it should not be enforced
o the consideration is illegal
o the purpose of the contract is illegal
32
Q2. List and explain the 6 types of remedies for breach of contract
Remedies Description
• To put the injured party in the same financial position as if the
contract had been performed
• Principles:
o Remoteness of damages
Damages o Duty of innocent party to mitigate his loss
• Types of damages
o For non-pecuniary loss
o Pecuniary loss
o Liquidated damages
• Claim for reasonable remuneration that a party deserves
• May arise when
Quantum
o One party has been prevented from completing the work he
Meruit
has agreed to do by the other party
o There has been partial performance
• A court order for a party in breach to perform his part of the
contract
Specific • Will not be granted when
Performance o Damages are adequate
o Contract involves personal service
o Needs constant supervision by Courts
• A court order to prevent a party from breaching the contract
• Will not be granted when
Injunction
o Damages are adequate
o Effect is indirect specific performance
• Involves restoring parties to their pre-existing contractual position
• May not be granted when
o Party seeking it has affirmed contract
Rescission
o 3rd party has acquired rights in the subject matter or parties
cannot be restored to their pre-contractual position
o Delay by the party in seeking rescission
Action for • Include a liquidated damages (LD) clause in the contract
an agreed or • It must be a genuine pre-estimate of the loss and not a penalty
liquidated • Penalty is not valid. It provides a sum in excess of the anticipated
sum loss
33
LEARNING ACTIVITY 12A – EARF (Foreign Workers)
Learning Objective:
Explain the aspects of good EA practices
✓ 60 mins
than 3 mins
Task -
1) As an Employment Agency, why is there a need to establish good practices like:
a. Recruitment of Foreign Workers;
b. Sourcing of Foreign Workers from approved sources;
c. Refund policy for Foreign Workers found unsuitable by Employers;
to ensure a better regulated industry and develop more Professional Employment Agencies?
Refer to LG for details: Aspects of good Employment Agency practices (Pg. X-X)
a) Recruitment of Foreign Workers
• Employment Agency not allowed to bring in or facilitate the entry of a foreigner into
Singapore to seek employment unless foreigner has an In-Principle Approval issued by
the Controller of Work Pass under an Employer.
• Without any reasonable excuse, Employment Agency must return Passport or other
documents of identity of the Foreign Employee directly to the Foreign Employee as
soon as practicable.
• It is not a reasonable excuse for failing to return the passport / identification documents
of a Foreign Employee if Employment Agency had passed the item to another licensee,
Employment Agency Personnel or Employment Agency
b) Sourcing of Foreign Workers from approved sources

• Employment Agencies must issue itemized receipts to workers indicating the amount
of money the local Employment Agency is receiving from the worker, as soon as
practicable.
• Receipts must be issued to the worker regardless of whether the worker paid the
Employment Agency directly or whether the Employment Agency received the money
through a supplier/overseas Employment Agency
• Salary and Loan Schedules for Foreign Workers are not considered itemized receipts
unless amount charged by local Employment Agency is explicitly stated and it is given
to the Foreign Worker.
34
c) Refund policy for Foreign Workers found unsuitably by Employers
• Employment Agencies to refund at least 50% of the agency fees collected from the
worker if employment is prematurely terminated within 6 months of commencement of
employment
• Employment Agency need not refund the fees collected if the worker requested for the
termination or if the worker absconds
• Fee refund to be made within 7 working days of termination of employment or before
the Foreign Worker is repatriated, whichever is earlier
2) How can Employment Agencies contribute towards this goal?

• Ensure that Employers notify Employment Agencies whenever there is a termination
of the workers (e.g. include in service agreements with Employers)
• Deal with genuine clients and not ‘unlicensed agents’
• Go to Employer’s company to verify operating address
• Verify the authorizing person who approves WP applications and get a sample of their
signature.
• Call the authorized person to confirm details of the Foreign Workers before making
any application
• Conduct verifications of walk in clients. If the walk-in client claims to be a
representative from the Employment Agency's existing client, the Employment
Agency to call their client to verify before processing.
• Employment Agencies will verify authenticity of new clients first before e.g. verify
operating address of company, use publicly available web portals such as yellow
pages, before processing applications
• Employment Agencies travel to the source countries regularly to recruit Foreign
Workers
• Work closely with the BCA approved training centres
• Employment Agencies take note of MOM's new developments through MOM’s
website & MOM Employment Agency e-mail alerts.
• Have proper SOPs for processing of work passes,
• Arrival of Foreign Worker and handing over of Foreign Worker to Employer
• Verification and collection of WP
• Renewal of WP and Repatriation
• Temporary Cancellation of WP & Reinstatement
35
LEARNING ACTIVITY 12B – EARF (Foreign Workers)
Learning Objective:
• Explain the good aspects of employment practices of Foreign Worker
• Explain how the Demerit Points System works
✓ 45 mins
than 3 mins
Task -
Q1 Explain how as an Employment Agency specialized in Foreign Workers accumulate
demerit points?
Based on the offences committed by Employment Agency – Foreign Workers, many of the
Key Appointment Holders allow unlicensed Employment Agencies to do the paper works for
the Employment Agency (see Page 63 of FG). This clearly shows that either the Key
Appointment Holder allow their newly hired Employment Agencies to do Employment
Agency work prior to attending the CEI course or are happy to engage ‘free-lance
Employment Agencies’ without checking or verifying if these ‘free-lance Employment
Agency Personnel’ are licensed Employment Agency Personnel.
Second most offence is with-holding foreign workers passport. Many Employment Agencies
are not aware that the passport is an official document given by the native country of the
Foreign Worker and it is illegal to with-hold such documents.
Employment Agencies assume that it is the best control measure to prevent a foreign worker
from running away. However, it is a bigger crime to with-hold another individual’s passport
without his / her consent.
Q2 How can you ensure that you have a “no bad records” for your Employment Agency?
Adopt good practices as advocated in LG (Page 18)
Reference material – See handouts – Employment Agency Licence Conditions
36
Quiz
Circle the correct answer
1) In a licensed EA, everyone must be successfully registered with MOM. True False
2) It is a requirement that the name cards of all EA personnel must bear

their full name as it is in their IC or work pass True False
3) All EAs must update MOM of the address of every place of business,
including branches, within 10 days of starting operations there. True False
4) EAs may be fined for not ensuring all their EA personnel

have a registration card. True False
5) MOM stipulates that EAs must refund at least 50% of whatever

the employer paid if the worker does not remain employed True False
for at least six months.
6) A person who was previously a director of an EA and

whose licence was revoked by MOM 5 years ago, True False
is eligible to be registered as EA personnel now.
37
LEARNING ACTIVITY 13 – EFMA (Foreign Workers)
1. Explain the key legislation and regulations related to under the Employment of Foreign
Manpower Act (e.g. offences and infringements)
2. State the type of work passes available and the respective eligibility criteria
3. State the key legal obligations of an employer detailed in the work pass conditions
✓ 35 mins
than 3 mins
Task -
Q1. How does the EFMA impact Foreign Workers?
The Employment of Foreign Manpower Act (EFMA) regulates the employment of foreign employees
and protects their well-being.
The EFMA outlines responsibilities relating to work passes, including applications,
cancellations, medical insurance, levy, cancellation and repatriation. For specific requirements,
see the individual work passes.
Q2. Under the EFMA, what are some common offences which are related to the employment
of Foreign Workers?
Section 5(1) Illegal employment by Employer

Section 5(2) Foreign Employees working without valid work pass
Employment of Foreign Employees otherwise in accordance with
Section 5(3)
work pass conditions
Permitting Foreign Employees without valid work pass to enter or
Section 6A(1)
remain at a workplace
Section 10(1) Self-employed Foreigners working without valid work pass
Section 14 Loss / Destruction / Defacement of work pass
Breach of work pass conditions involving harm or abuse to the
Section 22(1)(a)
Foreign Employee
Foreign employee’s failure to produce work pass upon demand by
Section 22(1)(b)
authorised officer or employment inspector
38
Section 22(1)(c) Obstruction of employment inspector
Section 22(1)(d) Providing false information to the Controller of work passes
Sells, forges, or unlawfully alters or, without lawful authority transfers
Section 22(1)(e)
or allows another person to use an in-principle approval or work pass
Section 22(1)(f) Uses or possesses a forged, altered or another person’s work pass
Failure to declare the commission of the S22(1)(d) false declaration
Section 22(2)
offence
Foreign Employees making false statements or furnishing false
Section 22(3)
information to educational qualifications
Failure to declare commission of Section 22(3) false declaration of
Section 22(4)
forged educational qualifications offence
Employer’s receipt of monies or benefits in consideration of
Section 22A(1)
employment
Obtaining a work pass for a Foreign Employee for a business that does
Section 22B(1) not exist, or is not in operation or does not require the employment of
the Foreign Employee
Failure to comply with directions given by Commissioner for Foreign
Section 25B(1)
Manpower
Q3. List and explain some of the common infringements relating to the employment of
Foreign Workers under the EFMA.
Employer to terminate employment of Foreign Worker upon receiving

Section 9(1)
notification from controller on suspension or revocation of work pass
Employer makes WP application based on Foreign Employee entitlement
Section 25(1) inflated by CPF contributions to Singapore citizen and Permanent
Resident who are not employed
Breach of work pass regulatory conditions that are administrative in
Section 25(2)
nature e.g. Failure to make salary payments to S Pass holder via GIRO
Providing inaccurate information, without fraudulent intent, to the
Section 25(3) Controller of Work Passes, e.g., providing inaccurate details of S Pass/EP
holders’ monthly salaries in application form
Section 25(4) Employer’s recovery of employment costs from Foreign Workers
Section 25A(1) Breach of prescribed duties by an Employer, Foreign Employee or self-
& (2) employed foreigner
39
Test your knowledge on EFMA
Q1. How long is the work pass of a Foreign Worker valid for?
A: As stated in the WP, unless cancelled or revoked.
Q2. One of the Foreign Employees contract is finishing tomorrow. Please advise on what
needs to be done with the work pass?
A: Cancel the work pass and the employer to return the Work pass to MOM within 7
days
Q3. A Foreign Worker has lost his work pass. Please advise what needs to be done?
A: Inform the employer and the employer in return to report to MOM immediately about
the loss
Q4. Can an EFMA offender be fined and imprisoned?

A: Yes
Q5. What is the qualification for an ‘entre-pass’?

A: You are eligible for an EntrePass if:
• You have (or intend to start) a private limited company registered with
the Accounting and Corporate Regulatory Authority.
• If registered, the company must be less than 6 months old on the date
you apply.
• If you have not registered, you can wait for the outcome of your
application before registering.
• Your company has at least $50,000 in paid-up-capital. You need to provide a
bank statement that shows at least $50,000 in a Singapore-based company bank
account.
• You hold at least 30% of the shares in the company.
Q6. What is the minimum monthly income for an Employment Pass holder?
A: From 1 January 2017, new EP applicants will have to earn a fixed monthly salary of
$3,600 or more, depending on their qualifications and experience.
40
LEARNING ACTIVITY 14 – Immigration Act
1. State the types of non-work passes issued by the ICA
2. Explain the main offences under the Immigration Act that are relevant to Employment
Agencies
✓ 45 mins
more than 5 mins
Task –
Explain two of the common offences that EAs commit that are non-conformance to the IA.
Group 1: Control of Entry into and Departure from Singapore and Repeat Offender
Group 2: Abetment and Prohibition of Immigration Offender from Entering or Remaining

at Workplace
Group 3: Prohibition of Immigration Offender from Entering or Remaining at Workplace

and Harboring
Group 4: Harboring and Employing illegal Immigrants

(Explain the difference)
Suggested Answers:
Group 1: Control of Entry into and Departure from Singapore and Repeat Offender
Section 6(1)
• Governs the control of entry into and departure from Singapore
• Must possess valid entry/re-entry permit issued to him
• Illegal Immigrant classified as illegal entry
Penalty
41
• Imprisonment for a term not exceeding 6 months and at least 3 strokes of the cane.
(in lieu of caning, a fine up to $6000).
Section 9(6) – Repeat Offender

• Any person convicted of any offence which is punishable with imprisonment for at
least 3 years, re-enters or remains in Singapore by using a passport or travel
document which bears a different name
Section 9(6) Penalty

• Imprisonment between 2 years and 5 years; and
• Fine up to $10,000; and
• Caning
• Unlawful Entry or Presence in Singapore
Group 2: Abetment and Prohibition of Immigration Offender from Entering or

Remaining at Workplace
Section 57(1)(aa) – Abetment

• Any person who abets (help, aid or support) any person to enter Singapore in
contravention of the provisions of this Act or the regulations, e.g. unlawful entry
Penalty
• Imprisonment for a term not less than 6 months and not more than 2 years and :
• Not less than3 strokes of the cane (in lieu of caning a fine up to $10 000); or A fine
of up to $6000.
Section 15(1)
• A person shall not remain in Singapore after the cancellation of any
permit/certificate (Overstaying)
Section 15(1) Penalty

• Overstay not exceeding 90 days
o fine up to $4000 and/or
o imprisonment up to 6 months
• Overstay exceeding 90 days
o imprisonment up to 6 months and
o at least 3 strokes of the cane
o (in lieu of caning, fine up to $6000).
Group 3: Prohibition of Immigration Offender from Entering or Remaining at
42
Workplace
Occupier
• The person having the charge, management or control of either the whole or part of
the premises either on his own account or as an agent; and
• Contractor who is carrying out building operations or construction at the premises
or place on behalf of some other person.
Prohibition of Immigration Offender from Entering or Remaining at Workplace
Section 57A(1)
• No occupier of a workplace who has control of access to the work place shall
permit any immigration offender to enter or remain at the workplace
Penalty
• First conviction
o Fine of not less than $15,000 and not more than $30,000 or to imprisonment
for a term not exceeding 12 months or to both for each immigration
offender found at the workplace
• Second or subsequent conviction
o Fine of not less than $30,000 and not more than $60,000 or to imprisonment
for a term not exceeding 2 years or to both for each immigration offender
found at the workplace
Section 57A(2) - Presumption of Law

• Where an immigration offender is found at a work place, it shall be presumed, until
contrary is proved, that the occupier of the work place -
o had control of access to the work place;
o had permitted the immigration offender to enter or remain at the work place;
and
o had knowledge that he is an immigration offender
Group 4: Harboring and employing illegal Immigrants
43
• Harbouring: To give food or shelter, and includes the act of assisting a person in
any way to evade apprehension.
Section 57(1)(d)
Any person who harbours a person:
(i) whom the defendant knows has acted in contravention of the Act or Regulations;
(ii) with reckless disregard as to whether he has acted in contravention of the Act or
the regulations or
(iii) Negligently failing to ascertain as to whether he has acted in contravention of the
provisions of this Act or the regulations
Penalty
• For (i) and (ii) - Imprisonment for a term of not less than 6 months and not more
than 2 years; and liable to a fine not exceeding $6 000
• For (iii) - Fine not exceeding $6,000 or to imprisonment for a term not exceeding
12 months; or to both
Section 57(1)(e) – Employing Illegal Immigrant

• Any person who employs any person who has acted in contravention of Section
6(1), 15 or 36 or the Regulations
Penalty
• Imprisonment between 6 months to 2 years; and
• Fine up to $6000
• If the defendant has at the same time employed more than 5 immigration offenders,
caning in addition to the above punishment (in lieu of caning, a fine up to $10,000).
44
LEARNING ACTIVITY 15A– EARF (FDW)
• Explain the aspects of good EA practices
• Explain the aspects of good employment practices
✓ 45 mins
than 3 mins
Task -
As a FDW-EA, how could you adopt good practices in:
a. Recruitment of FDWs
• Ensure that the needs of the employer and the FDW are met. Example: FDW is young and
does not know how to handle an infant, then avoid sending the FDW to a family to look
after infant
• Ensure FDW is free from personal, family and financial hardship before recruiting
b. Sourcing of FDWs from tradition sources
c. Refund policy
How can you as an FDW-EA contribute towards this Goal?
Facilitating good employment relationship

• The EA should inform both the employer and FDW of the prevailing laws, regulations
and requirements related to the employment of an FDW. In particular, as employing an
FDW entails significant responsibilities on the part of the employer, the EA should
explain to the employer his or her responsibilities before matching or placing out an FDW
to the employer’s household.
• The EA should encourage the employer to maintain a good employment relationship with
the FDW by adopting positive employment practices, such as granting sufficient rest days,
respecting her privacy, and allowing her to keep her salary, passport and mobile phone.
The EA should also help the employer understand how having a good employment
relationship with the FDW is beneficial. In addition, the EA should help the FDW adapt
by explaining the need to observe the terms in the employment contract as well as the
employer’s house rules.
45
• EAs should tell Employers not to safe-keep FDW’s salary, encouraged to open bank
accounts for their FDWs, it should not be joint bank accounts.
Matching and placement

▪ The EA should perform due diligence to ensure that the FDW it places meets the
mandatory entry requirements. In particular, the EA should:
(i) check the FDW’s official documents (e.g. passport, educational certificate),
including the original copies where available; and
(ii) conduct screenings and interviews with the FDW to verify her declared age.
▪ In recommending suitable FDWs to the employer, the EA should:

(i) Ascertain the employer’s household needs and the duties that the FDW is expected
to perform, and shortlist suitable FDWs based on the employer’s needs.
(ii) Consider the FDW’s skills, work experience and willingness and ability to
perform the expected duties.
(iii)Provide to the employer the biodata and employment history of shortlisted FDWs,
according to the standard biodata form required by MOM. The EA should take the
necessary steps to ensure that the information in the biodata form, including any
biodata information provided online, is accurate. Where the EA has knowledge of
past employers’ feedback on the FDW, the information should be shared with the
prospective employer as it could affect his or her hiring decision.
(iv) Facilitate an interview with shortlisted FDWs to enable the employer to assess if
they meet his or her requirements, and for the FDW to understand the needs of the
prospective employer and consider if she has the necessary skills and is prepared
to perform the required tasks. Where a face-to-face interview is not possible, the
EA should facilitate other modes of interview such as online or phone interviews.
(v) Where requested by the employer, the EA should allow the employer to see a
demonstration by the FDW performing certain work tasks to confirm that the
FDW is competent in those work tasks. When facilitating such requests, the EA
should be mindful that the demonstration is done in a way that does not undermine
the dignity of the FDW.
▪ The EA should inform the employer about the mandatory medical examinations and what
they cover, and that the employer may arrange for additional medical checks if he wishes.
▪ The EA should explain to the employer the details of the different medical and personal
accident insurance policies for the FDW, including the extent of coverage and exclusions,
and advise them on the benefits of taking up a policy with better or higher coverage
beyond the minimum required.
46
▪ EAs should ensure that the FDWs are picked up from the Changi Airport after arrival
within a reasonable time period. If EAs only able to fetch them after meal times, adequate
food or meal vouchers are to be provided to the FDWs. EAs remain responsible even
when the FDWs are under the care of appointed representatives such as agents or runners
who are hired to manage the administrative processes and logistics in the entry and
placement of the FDWs.
Terms of employment
▪ Upon confirmation of a placement, the EA should facilitate discussions between the
employer and the FDW, to come to a mutual agreement on the terms of employment.
These should include the salary amount, repayment of placement loan if applicable
(including the salary amount the FDW will receive during the period of loan repayment),
number of rest days, compensation in lieu of rest day, termination notice, compensation in
lieu of termination notice, dispute resolution mechanism, and repatriation destination.
▪ The EA should assist to draw up an employment contract between the employer and the
FDW, which documents the employment terms that were agreed upon. The EA should
ensure the employer and FDW sign on the employment contract to acknowledge and
consent to the employment terms.
▪ The EA should explain to the employer and the FDW the terms of the employment and
help both understand the implications of failing to adhere to the obligations listed under
the employment contract. For example, the EA should highlight that compensation should
be made if the minimum notice period for the termination of the employment contract by
either the employer or the FDW is not adhered to.
▪ A copy of the signed employment contract should be given to the employer and the FDW.
The copy to the FDW should be in a language that she understands.
Responsibilities prior to FDW’s deployment

▪ EAs are responsible for the upkeep and maintenance of FDWs upon their arrival in
Singapore, prior to deploying them to the employer’s household. The EA should receive
the FDWs upon their arrival in Singapore, and ensure that their basic needs are provided
for, including housing, food and medical treatment, while awaiting deployment.
▪ The EA should allow the FDWs to have at least one night’s rest after their arrival in
Singapore, before attending the Settling-in Programme (SIP). This will enable them to
absorb and understand the programme content better, and facilitate their settling in.
▪ The EA should provide structured training to enable the FDWs to perform the required
tasks competently. Where the EA provides training to the FDWs at the EA’s premises, the
training should be conducted away from the view of passers-by to avoid creating the
impression that the FDWs are on display. The EA should also provide information to the
employer and FDW, on training programmes and activities available for FDWs that are
conducted by other organisations.
47
▪ EAs should not arrange for their FDWs to sit outside the EA’s premises.
▪ The EA should also advise the FDW on where she can seek help to resolve any disputes
that may arise with her employer during the period of employment.
Duty Of Care Post-Deployment
Responsibilities after FDW’s deployment

▪ The EA should check in with the employer and the FDW at least once during the first six
months of deployment, to find out whether the employment relationship is working out
well and to attend to any employment-related issues that they have.
▪ The EA should also attend to any request for advice or assistance by the FDW or the
employer, within one working day.
Handling transfers and terminations

▪ Where a transfer or termination of employment is initiated by the employer or the FDW,
the EA should provide accurate advice on the procedures involved and inform both parties
of their responsibilities during the transition period.
▪ At the end of the FDW’s employment, where the EA is requested to assist the employer in
sending the FDW home or to facilitate a transfer of employment, the EA should provide
the necessary assistance. The EA should also check that the FDW has no well-being
issues, that the employer has discharged his or her obligations to the FDW and that there
are no other outstanding employment matters between them, such as outstanding salaries.
Where the FDW does not wish to seek a transfer but wants to return home, the EA should
respect her decision and send her home.
▪ Where the FDW returns to the EA to await a transfer to another employer, the EA should
provide for the FDW’s basic needs, including housing, food and medical treatment on
behalf of the employer who remains legally responsible for the FDW
48
LEARNING ACTIVITY 15B – EARF (FDW)
• Explain how the Demerit Points system works
✓ 45 mins
than 3 mins
Task -
Q1. How is it possible for a FDW-EA to chalk up many demerit points? What is the EA doing
wrong?
Offences / Infringements
Licensee was prosecuted and fined a total of $16,850 for illegally employing a foreign domestic
worker (FDW) at her residence.
Licensee was prosecuted and fined a total of $16,850 for abetting the illegal employment of an
FDW by the licensee of another agency
The agency was prosecuted and fined $2,000 for abetting the illegal employment of an FDW.
Licensee was not involved in the running of the EA which was left to one EAP who was
convicted and fined for abetting the illegal employment of an FDW.
Licensee was convicted and fined a total of $10,000 for illegally employing an FDW and making
a false declaration.
Licensee was convicted and fined $2,000 for allowing an FDW to work part-time for 2
employers, without a valid work permit.
• Based on the offences committed by EA –FDWs, many of the EAs allow illegal employment
of FDWs (see above). This clearly shows that the EAs, primarily a one man business would
rather deploy an FDW in another employer’s home so that the EA can save cost (by not
returning the rejected FDW by the 1st employer) and also be black listed by MOM for re-
deploying the same FDW from one owner to another.
• Little do they realize that there will be complications arising when employers have to pay the
FDW levy via cash to CPF Board. This creates more complexity as the maids are required to
go for routine check-ups.
• Second common offence is to allow FDWs to work part-time. Many EAs are not aware that
when the FDWs work part time in another house, there is a danger of them sustaining
injuries and there again complications would arise when insurance claims are submitted.
49
Q2. What should the EA be focusing on to minimize demerit points?
Adopt good practices as advocated in LG (Page 12-17)
50
LEARNING ACTIVITY 16 – EFMA (FDW)
1. Explain the key legislation and regulations under the Employment of Foreign Manpower Act
(e.g. offences and infringements)
2. State the type of work passes available & the respective eligibility criteria
3. State the key legal obligations of an employer detailed in the work pass conditions
✓ 40 mins
than 3 mins
Task -
1. What are some of the responsibilities the Employer has when employing Foreign Domestic
Workers?
Employers’ responsibility to ensure that :

• FDW attends her 6 monthly medical check up
• FDW is given the Rest days she is entitled to
• FDW’s Well Being is taken care of
• FDW is covered under Medical Insurance & Personal Accident Insurance
• FDW attends the SIP
51
2. Under the EFMA, what are some common offences relating to the employment of Foreign
Domestic Workers?
Section 5(1) Illegal employment by Employer

Section 5(2) Foreign Employees working without valid work pass
Employment of Foreign Employees otherwise in accordance with
Section 5(3)
work pass conditions
Section 10(1) Self-employed foreigners working without a valid work pass
Section 14 Loss / Destruction / Defacement of work pass
Breach of work pass conditions involving harm or abuse to the
Section 22(1)(a)
Foreign Worker
Foreign employee’s failure to produce work pass upon demand by
Section 22(1)(b)
authorised officer or employment inspector
Section 22(1)(c) Obstruction of employment inspector
Section 22(1)(d) Providing false information to the Controller of work passes
Sells, forges, or unlawfully alters or, without lawful authority transfers
Section 22(1)(e)
or allows another person to use an in-principle approval or work pass
Section 22(1)(f) Uses or possesses a forged, altered or another person’s work pass
Failure to declare the commission of the S22(1)(d) false declaration
Section 22(2)
offence
Foreign Employees making false statements or furnishing false
Section 22(3)
information to educational qualifications
Failure to declare commission of Section 22(3) false declaration of
Section 22(4)
forged educational qualifications offence
Section 23 Abetment of offences
Employer’s receipt of monies or benefits in consideration of
Section 22A(1)
employment
Failure to comply with directions given by Commissioner for Foreign
Section 25B(1)
Manpower
52

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Certificate of Employment Intermediaries

LEARNING ACTIVITY 1 ......................................................................................1

There is no model answer as the answers are all covered in the LG

Investigations & Findings:

A. The Section 34 Prohibition & Its Application to Undertakings

Section 34 of the Act prohibits any agreements between undertakings, decisions by

Q3. What was the outcome of the case?

The employment agencies engaged in anti-competitive conduct by participating in a meeting

• Explain the conditions for an ‘incomplete month’s work

𝑀𝑜𝑛𝑡ℎ𝑙𝑦 𝑔𝑟𝑜𝑠𝑠 𝑟𝑎𝑡𝑒 𝑜𝑓 𝑝𝑎𝑦 𝑇𝑜𝑡𝑎𝑙 𝑛𝑢𝑚𝑏𝑒𝑟 𝑜𝑓 𝑑𝑎𝑦𝑠 𝑡ℎ𝑒 𝑒𝑚𝑝𝑙𝑜𝑦𝑒𝑒

Gross rate of pay Basic rate of pay

Gross rate of pay excludes: Basic rate of pay excludes:

Notes for Q1 & 2:

• Give you a replacement PH on the next working day.

Pay for working on a holiday

No Questions Suggested Answers

*Recalcitrant Employment Agencies would be met with

Firms with discriminatory hiring practices will be subject to

Variable sum given as reimbursement for holiday

Meal reimbursement for staying beyond working

4 steps on handling client Information securely.

Max Penalty for

Trafficking in Person who carries out

Q3. What steps can you take to be a responsible Employment Agency?

Any one of the answers in the table.

Scenario Reporting Method

An employee died in a work accident • Submit incident report online at

Q6: Describe the work injury compensation claim process.

Failure of Employer to report a reportable First offence – A fine of up to $5,000;

Failure of Employer/insurer to pay Fine of up to $10,000 or imprisonment of

Provision of false information or statement A fine of up to $5,000 or imprisonment of

Wilfully obstructing or delaying the

Failure to purchase adequate insurance Fine of up to $10,000 or imprisonment of

Employment Agencies Dealing with only Employment Agencies Dealing with

Issues Comprehensive (All) Only FDWs Local

Type Offences / Infringements

As an Employment Agency, why is there a need to establish good practices like:

Task – Summary of learning

As an Employment Agency, why is there a need to establish good practices like

Refer to LG for details: Aspects of good EA Practices (Page 293-294)

Incapacity Generally, all persons (including corporations and limited liability

b) Sourcing of Foreign Workers from approved sources

2) How can Employment Agencies contribute towards this goal?

Adopt good practices as advocated in LG (Page 18)

Reference material – See handouts – Employment Agency Licence Conditions

Circle the correct answer

2) It is a requirement that the name cards of all EA personnel must bear

4) EAs may be fined for not ensuring all their EA personnel

5) MOM stipulates that EAs must refund at least 50% of whatever

6) A person who was previously a director of an EA and

Section 5(1) Illegal employment by Employer

Employer to terminate employment of Foreign Worker upon receiving

Q4. Can an EFMA offender be fined and imprisoned?

Q5. What is the qualification for an ‘entre-pass’?

Group 2: Abetment and Prohibition of Immigration Offender from Entering or Remaining

Group 3: Prohibition of Immigration Offender from Entering or Remaining at Workplace

Group 4: Harboring and Employing illegal Immigrants

Section 9(6) – Repeat Offender

Section 9(6) Penalty

Group 2: Abetment and Prohibition of Immigration Offender from Entering or

Section 57(1)(aa) – Abetment

Section 15(1) Penalty

Prohibition of Immigration Offender from Entering or Remaining at Workplace