Employment of Foreign Manpower Act and Its Practical Applications

Employment of Foreign Manpower Act and Its Practical Applications
Fee for Face-to-Face (Excludes 8% GST) $550
Fee for Virtual (Excludes 8% GST) $550
Duration 1 Day
Skills Future Credit No
Upcoming Workshops 15 Mar 2024
26 Apr 2024
24 May 2024

The Minister of Manpower has recently announced significant changes to the terms for employing Employment Pass ("EP") and S Pass holders:

  1. From September 2022, the minimum qualifying salary for both EP and S Pass holders will be raised.
  2. From September 2023, new EP applicants have to meet higher salary thresholds and score sufficient points under the new Complementarity Assessment Framework (“COMPASS”).
  3. From September 2024, COMPASS will apply to the renewal of work passes.
  4. Employers of migrant workers on work permits and S Passes will soon need to buy higher medical insurance coverage for their employees. They must purchase plans with a minimum annual claim limit of $60,000 for hospitalisation and surgical procedures, up from $15,000 now.

In view of the above changes, HR practitioners need to be very familiar with the Employment of Foreign Manpower Act and its regulations, so as to strategically plan for their organisation’s manpower needs. Some key questions raised by these upcoming changes include:

  • Can companies engage non-operation foreign employees to work remotely in their home country instead of Singapore?
  • Given that many employees have been able to effectively work from home during the COVID-19 pandemic, should employers continue with remote-working in the future?
  • In what situations would foreign employees now require a work pass?
  • Would a foreign employee working remotely from overseas still need a work pass?
  • Given the announced changes, should employers hire foreigners on a contract of service or a contract for service? What are the tax implications? Many employers are concerned about how these upcoming changes may affect their manpower needs, especially since the supply of foreign labour remains tight in view of the ongoing COVID-19 pandemic. Companies will have to re-calibrate their manpower structures and processes in view of these changes.

We will be addressing these questions during our upcoming workshop. We will also be crystallising the specific requirements for attaining work passes—including the need for security bonds, the computation of local to foreign manpower quotas (skilled vs unskilled) for various industries, and work pass rules and regulations.

At the end of this workshop, delegates will attain a competent and in-depth understanding of the Employment of Foreign Manpower Act and its application.

  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.

Lecture and case study.

Human Resource Practitioners.

Please visit this page to register.