The Ministry of Manpower (MOM) has charged a company, Ti2 Logistics Pte Ltd, for pre-selecting a foreign Employment Pass (EP) holder and falsely declaring that it interviewed local applicants.

This is the first time an employer is prosecuted for doing so under the updated Fair Consideration Framework (FCF).

Fair Consideration Framework

According to a MOM press release, investigations uncovered that the company had an opening for the position of Business Development Manager and had pre-selected a foreign EP holder.

The company declared to MOM that it had interviewed and fairly considered two Singaporean applicants for the position.

Under the Fair Consideration Framework (FCF), employers must advertise job opportunities on MyCareersFuture.sg (unless exempted) and fairly consider all candidates, before submitting applications for EPs.

Untruthful declaration

According to Channel News Asia (CNA), the logistics company submitted a false declaration on July 26, 2019, in the Employment Pass application form for Zhou Jianxin, which was submitted to MOM's Work Pass Division.

Investigations found that the company allegedly had no intention to interview any Singaporean candidates, according to MOM's press release.

The company was charged under the Employment of Foreign Manpower Act (EFMA).

If the company is convicted for untruthful declarations in their work pass applications, employers could face imprisonment of up to two years or fines of up to S$20,000, or both.

Increase in penalties for errant employers

In a speech at the Professional Conversion Programme (PCP) for Salesforce Platform Professionals Graduation Ceremony today (Jan. 14), Manpower Minister Josephine Teo announced raised penalties for all cases of discrimination.

This includes discrimination on the basis of age, race, nationality and mental health condition.

The following updates in penalties were announced:

• The minimum period of work pass debarment has doubled from six months to 12 months. The debarment period can be up to 24 months.
• Apart from just new work pass applications, debarment will be expanded to include work pass renewals.
• MOM will prosecute employers and key personnel who make false declarations that they have considered all candidates fairly. If found guilty, they could face up to two years imprisonment or fines of up to S$20,000, or both.

Members of the public can report discriminatory hiring or employers who have not considered locals for job opportunities or unfair workplace practices here.

All information will be kept strictly confidential.

Top photos via Ministry of Manpower, and Ti2 Logistics Pte Ltd