S'pore companies not allowed to engage foreign freelancers to provide creative services: MOM, VICPA

Companies are reminded that they are not allowed to engage foreign freelancers to provide services to clients in Singapore.

The Ministry of Manpower (MOM) and the Visual, Audio, Creative Content Professionals Association (VICPA) issued a joint advisory on Sep. 12 in response to feedback from the freelance creative community, particularly the wedding industry.

The advisory stated that MOM has received information that some companies have been engaging foreign freelancers to provide photography, videography, and makeup services for weddings in Singapore.

MOM and VICPA reminded companies that foreigners on tourist or student visas are not allowed to perform such services, and companies cannot engage them to provide or promote such services.

"These arrangements are illegal and constitute a contravention of the Employment of Foreign Manpower Act," said VICPA and MOM.

An issue

VICPA, an affiliate of NTUC, added that it is working closely with MOM to tackle the issue and that these practices "threaten the livelihoods of our local freelance creative professionals".

VICPA encourages companies to engage with local freelance creative professionals and support the "growth and professionalism of our local talents and uphold fair hiring practices that comply with Singapore's laws".

MOM added that it conducts checks on foreigners working without valid work passes and those who aided them.

Enforcement action will be taken against those who fail to comply, and foreigners found working in Singapore without a valid work pass may be liable to a fine of up to S$20,000, a jail term of up to two years or both.

Those who engaged such foreigners for work may also face the same penalties.

Foreigners found working without a valid work pass may also be barred from entering and working in Singapore.

Relevant permits

In the comments of VICPA's Facebook post, one person asked if it would mean that it was illegal for foreign cinematographers to work on Singapore projects.

VICPA replied that productions may still apply for the relevant permits to engage overseas talents on Singapore projects, a process that is already in place and has not changed.

And while the advisory was developed with the wedding industry as the primary reference point, VICPA stated that it was also relevant and applicable to other sectors.

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