LTH416Employment of Foreign Manpower Act and its Practical Applications

As manpower needs rise in Singapore, employers cannot just rely on local employees and require foreign employees to supplement the workforce. Foreign employees can be of different skills, talent levels and nationalities, and therefore, our Government needs to have certain control over how foreign job seekers can seek employment in Singapore.

In this training programme, HR practitioners will learn what the specific requirements are for getting the work permit, security bonds, the computation of local to foreign manpower quotas (skilled versus unskilled) for the various industries and the work permit rules and regulations. Also, you will see you learn how the Employment of Foreign Manpower Act deals with illegal foreign workers.

Other than have a good knowledge of the Act, you will need to know the regulatory controls, the sources of getting licensed labour contractors, control and management of foreign manpower, work performance, the housing needs, joining trade unions, compensation and benefits, handling grievances, discipline and repatriation etc, but most importantly, work performance, conduct, discipline, compensation, grievances and repatriation. More importantly, under the Act, with the recent inclusion of new offences and penalties, employers have to be vigilant in the deployment and management of foreigners. If not handled properly, it will not only tarnish the reputation of the employer but also will be barred by the Ministry of Manpower from getting work permits. Thus, HR practitioners, especially that in-charge of non-traditional sources of foreign workers, need to be fully equipped with the knowledge and skills to manage the issues appropriately and in an expedient manner.

At the end of this workshop, delegates can be assured that they will be more competent in their understanding of the Employment of Foreign Manpower Act and its application.

Learning Objectives:

1. The rationale of the foreign manpower policy and how it supports the needs of the industry.
2. The various types of work pass available and the requirements of the foreign employees that need to be met before an employer can obtain work passes.
3. The definition of ‘employed’ and ‘occupier’ in the Employment of Foreign Manpower Act.
4. The various conditions imposed on employers who hire foreign employees, i.e. medical insurance, workmen’s insurance, housing, restriction from working for other employers etc.
5. Tax obligations of the employer.
6. Role & responsibilities of employers and agencies in the inflow and management of foreign manpower.
7. Other statutory laws such as the Immigration Act, Employment Act, the Industrial Relations Act, which are also applicable to foreign workers.
8. Obligations of the employer and the work permit holders, i.e. presumption of the occupier, until the contrary is proved.

A competent HR practitioner must have the skills and knowledge in the following:

1. Types of Work Passes under the Employment of Foreign Manpower Regulations • Work Permit and Training permit. • Employment pass and Personalised employment pass. • Entre passes and Work holiday pass. • Miscellaneous work pass. • Letter of consent.

2. Duty of employer and occupier in engaging foreign employees • Compliance with Immigration Act. • Definition of employed. • Definition of the occupier. • Presumption of employment. • Cost associating with hiring.

3. Conditions and Regulatory conditions governing work passes • Conditions and regulatory conditions of in-principle approval for a work permit for the various work passes as outlined in para 1. • Schedule of fees for various work passes.

4. Furnishing and forfeiture of security • Form and manner for security, i.e. bond, guarantee, cash deposit. • Forfeiture for failing to comply with any condition. • Refund

5. Offences • Offences by corporate bodies. • General offences under section 22 EFMA. • Abetment of offences. • Penalties

6. Prescribed infringements • Mislead or defraud, false information to Controller. • Deduction of salary. • Abetment of prescribed infringement.

7. Terms and conditions of employment of foreign workers under a work permit • Compensation and benefits ( housing, insurances etc.) • Work permit levy and personal taxation. • Statutory laws, especially the Employment Act. • Unionised versus non-unionised. • Roles of licensed recruitment agencies. • Implications for non compliance with EFMA, Immigration Act and Employment Agencies Act.

8. Disciplinary, grievance and dismissal • Grievances and Discipline. • Misconduct / Dismissal. • Committing criminal offences. • Compliance with Employment Act.

Human Resource Practitioners.

Lecture and case study.