IMPACT – MEDIUM

What is the change? A Singapore-based company was recently convicted of making a false fair hiring declaration in a work pass application.

What does the change mean? The Ministry of Manpower levied an SGD$18,000 fine for the conviction and revoked a newly hired foreign employee’s work pass. The convicted company was also barred by MOM from hiring foreign employees for 24 months.

  • Implementation time frame: Immediately.
  • Visas/permits affected:  Work passes and other employment-related permits.
  • Who is affected: The convicted company and foreign national who was newly hired.
  • Business impact: Employers in violation of the Fair Consideration Framework (FCF) will face stiff penalties, including fines.

Background: The company stated it had fairly considered local job candidates for a new position. An investigation showed the company posted a job ad and had 22 respondents who were not interviewed. The company hired a foreign candidate instead and submitted a work pass application containing this fair hiring declaration. Fair Consideration Framework (FCF) administrative penalties were strengthened by MOM in January of 2020 in order to provide a greater deterrent against workplace discrimination. The convicted company is the first to be prosecuted for making a false fair hiring declaration with the stronger penalties in place.

Analysis & Comments: Employers are reminded that when submitting work pass applications to the Controller of Work Passes all declarations within them are required to be true, accurate and complete. Failing to do so can result in fines of up to SGD$20,000, and/or a two-year jail sentence, for each charge.

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