Identifying illegal work pass

Over the past three years, about 30 foreign domestic workers (“FDW”) have been caught annually for willingly taking on second jobs, despite knowing that it is illegal for them to moonlight. An FDW is deemed to be moonlighting if she holds a second job besides working for her employer, including being self-employed.

The relevant statute in place governing FDWs is the Employment of Foreign Manpower Act (Chapter 91A) (“the Act”). FDWs who are Work Permit holders have a set of rules that they have to comply with, which also applies on their rest days.

According to the Ministry of Manpower (“MOM”), FDWs are not allowed to take part in any other businesses or start their own business. Section 12(1) and (2) of the Act also states that FDWs can only work in the occupation and for the employer specified in their respective work passes. However, moonlighting is risky and comes with serious consequences. If caught, all parties involved will be punished.

Punishment

FDWs who moonlight may be fined up to S$5,000 or face 12 months’ imprisonment or both. Subsequent offenders will face mandatory imprisonment. Since January 2010, MOM has removed employers’ liability if the FDW breaches Work Permit conditions that relate to her own behavior.

FDWs are deemed to be working without a valid work pass if they hold a second job. If your FDW is found without a valid work pass, the consequences are even more serious. If convicted, Section 5(7) of the Act highlights that an FDW may be liable to pay a fine of up to $20,000 or to imprisonment for a term not exceeding 2 years or both.

An employer who illegally deploys an FDW may face a fine of up to S$10,000. If an employer is convicted, he/she may also be banned from employing FDWs. For employing an FDW without a valid Work Permit (for example, if you are someone who is hiring a part-time FDW illegally, the penalty according to section 5(6) of the Act is a fine of between S$5,000 to S$30,000, or 12 months’ imprisonment or both. Subsequent offenders will face mandatory imprisonment.

Source: https://www.singaporecriminallawyer.com/legalization-part-time-work-foreign-domestic-workers/