Employment of Foreign Manpower Act and its Practical Application

  

About this Course

As manpower needs rise in Singapore, employers can no longer just rely on local employees and would require foreign employees to supplement the workforce.  As foreign employees are of different skills, talents levels and nationalities, our Government needs to have a certain control over the employment of foreign labour in Singapore.

At this workshop, participants will learn about the Employment of Foreign Manpower Act in handlng foreign workers.  In addition, participants will also learn about the work permit rules and regulations and what the specific requirements are for the employment of foreign labour: obtaining a work permit, security bonds, the computation of local to foreign manpower quotas (skilled versus unskilled) for the various industries etc.

Besides having a good knowledge of the Act, you will also need to know the important aspects of foreign employee management such as work performance, conduct, discipline, compensation, grievance handling and repatriation. Other aspects of foreign employee management that you would need to know are the regulatory controls, the sources of licensed labour contractors, control and management of foreign manpower, housing needs, joining trade unions and compensation and benefits.

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 foreign workers.  If not handled properly, it will not only tarnish the reputation of the employer but the employer may also risk being barred by the Ministry of Manpower from obtaining work permits. Thus, HR practitioners, especially those in charge of non-traditional sources of foreign workers, need to be well equipped with the knowledge and skills to manage issues in an appropriate and expedient manner.

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

Learning Objectives:

  1. Rationale of the foreign manpower policy and how it supports the needs of the industry.
  2. The various types of work passes 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 ie 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 Immigration Act, Employment Act, Industrial Relations Act which are also applicable to foreign workers.
  8. Obligations of the employer and the work permit holders ie presumption of occupier, until the contrary is proved.

Course Outline:

 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 pass 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 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 ie 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 work permit

  • Compensation and benefits ( housing, insurances etc )
  • Work permit levy and personal taxation.
  • Statutory laws, especially 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.
  • Repatriation.
  • Misconduct / Dismissal.
  • Committing criminal offences.
  • Compliance with Employment Act.

Methodologies

Lecture and case study.

 Who should attend?

Human Resource Practitioners.

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