Employment of Foreign Workers Act (EFMA)

Understanding Legal Implications in Hiring Foreign Workers

This workshop is designed to help business owners, managers, and HR practitioners navigate the complexities of hiring foreign workers while ensuring compliance with the Employment of Foreign Manpower Act (EFMA). It focuses on the legal requirements and best practices for employing foreign talent, addressing common pitfalls, and ensuring that businesses meet their obligations under various laws, including the Immigration Act, Employment Act, and Industrial Relations Act. The session will also explore the latest updates to the EFMA and the new processes that companies must implement to stay compliant.

 

Practical Guidance and Compliance Strategies

Through case studies and hands-on exercises, participants will gain practical insights into the employment of foreign workers. Key topics covered will include medical insurance, workmen’s insurance, housing, and the restriction of foreign employees from working for other employers. The workshop will also highlight the current work passes available, the criteria foreign workers must meet for work pass approval, and the steps employers need to take to fulfill these requirements. By the end of the session, HR professionals will be equipped to handle issues related to foreign workforce management confidently and legally.

Programme Objective

By the end of the workshop, you will be able to:

  • Hiring Foreign Employees: Identify key considerations when hiring foreign workers, including medical and workmen’s insurance, housing, and work restrictions.
  • Legal Framework for Foreign Workers: Understand the Immigration Act, Employment Act, and Industrial Relations Act, and how they apply to foreign employees and employers’ obligations.
  • Work Pass Requirements: Learn about the different work passes available and the specific criteria that must be met to obtain them for foreign workers.
  • Managing Employment Criteria: Address challenges in meeting the employment criteria for foreign workers and how to navigate complex situations.

 

Who Should Attend

  • HR Managers and Executives: Professionals responsible for managing employee relations and ensuring compliance with foreign manpower regulations.
  • Business Owners and Directors: Leaders of organizations who employ or plan to hire foreign workers and need to understand their legal obligations.
  • Recruitment and Talent Acquisition Specialists: Individuals involved in sourcing, hiring, and managing foreign talent for organizational roles.
  • Compliance and Legal Professionals: Experts tasked with ensuring adherence to employment laws, work pass requirements, and regulatory standards.
  • Operations and Administrative Officers: Staff managing employment documentation, insurance, and housing arrangements for foreign employees.
Programme Outline

Module 1: Overview of the Employment of Foreign Manpower Act (EFMA)

  • Introduction to the EFMA and its purpose.
  • Employers’ obligations and duties under the EFMA.
  • Requirements for applying for work passes under the EFMA.
  • Recent changes and upcoming requirements for compliance.

Module 2: Work Permit Applications and Compliance

  • Definition and conditions for applying for a Work Permit.
  • Key criteria and conditions employers must meet before approval.
  • Case studies and common issues related to Work Permits.
  • Critical points for employers to be aware of during the application process.

Module 3: Employment Pass Applications and Compliance

  • Understanding Employment Pass (EP) applications and their conditions.
  • Key criteria for EP approval and implications for employers.
  • Case studies on challenges and issues in managing EPs.
  • Essential considerations for employers handling EP matters.

Module 4: Managing Termination and Dismissal of Foreign Workers

  • Understanding termination and suspension under the Employment Act.
  • Best practices for employer-initiated and employee-initiated terminations.
  • Guidelines for legally compliant employee terminations.
  • The legal definition of dismissal and conducting proper inquiry processes.

Module 5: Practical Insights and Case Studies

  • Analyzing real-life case studies on EFMA compliance and disputes.
  • Lessons learned from legal disputes involving foreign worker management.
  • Strategies to avoid common pitfalls in employment practices.
  • Practical tips for addressing complex scenarios.

Module 6: Compliance and Future-Ready Practices

  • Key updates and anticipated changes in foreign manpower regulations.
  • Aligning company policies with EFMA requirements.
  • Preparing for audits and minimizing risks of non-compliance.
  • Building a robust framework for managing foreign talent effectively.
Terms & Conditions

1. All notice of transfer/withdrawal / deferment must be given in writing and submitted at least 2 weeks prior to course commencement.

2. An administrative fee of $60 (GST inclusive) will be imposed if notice is received less than 2 weeks.

3. If notice of withdrawal is received:
– At least 1 week before commencement of the course, a 20% of the full course fee will be charged. For government-funded course, a 20% of full course fee before funding will be charged.
– Less than 1 week before commencement of the course, a 30% of the full course fee will be charged. For government-funded course, a 30% of full course fee before funding will be charged.
– No show on the scheduled date, a full course fee will be levied. For government-funded course, a full course fee before funding will be charged.

4. For all government-funded programmes (WSQ & Non-WSQ), funding is only applicable to:
– Singapore Citizens or Singapore Permanent Residents.
– Participants who have achieved at least 75% attendance and passed all required assessments.
– Full course fee will be charged to participants who fail to meet the above-mentioned criteria.

5. Certificates or Statement of Attainment or Certificate of Attendance will only be issued to participants who have achieved 75% attendance and undergo assessment (if applicable).

6.When a course is cancelled, fails to commence or fails to complete under unforeseen circumstances, participant is allowed to defer the intake at no cost or withdraw from the course; under such situation, a full refund of the advance payment will be given.

7. Notice of change in participant’s name must be given in writing, 1no less than 5 days prior to course commencement.

8. SMF reserves the right to change the venue, cancel or postpone the event without prior notice and full refund will be given under such circumstances. Such modifications shall become effective immediately upon the posting thereof. Please approach your account manager for more queries.

9. SMF Centre for Corporate Learning Pte Ltd has a Data Protection Policy which provides more information about how we collect, use and disclose your personal data. Please click the link below to know more.
https://ccl.smfederation.org.sg/privacy/

Appeal Process

1. The candidate has the right to disagree with the assessment decision made by the assessor.

2. When giving feedback to the candidate, the assessor must check with the candidate if he agrees with the assessment outcome.

3. If the candidate agrees with the assessment outcome, the assessor & the candidate must sign the Assessment Summary Record.

4. If the candidate disagrees with the assessment outcome, he/she should not sign in the Assessment Summary Record.

5. If the candidate intends to appeal the decision, he/she should first discuss the matter with the assessor/assessment manager.

6. If the candidate is still not satisfied with the decision, the candidate must notify the assessor of the decision to appeal. The assessor will reflect the candidate’s intention in the Feedback Section of the Assessment Summary Record.

7. The assessor will notify the assessor manager about the candidate’s intention to lodge an appeal.

8. The candidate must lodge the appeal within 7 days, giving reasons for appeal together with the appeal fee of $109.00 (inclusive of 9% GST).

9. The assessor can help the candidate with writing and lodging the appeal.

10. The assessment manager will collect information from the candidate & assessor and give a final decision.

11. A record of the appeal and any subsequent actions and findings will be made.

12. An Assessment Appeal Panel will be formed to review and give a decision.

13. The outcome of the appeal will be made known to the candidate within 2 weeks from the date the appeal was lodged.

14. The decision of the Assessment Appeal Panel is final and no further appeal will be entertained.

15. Please click the link below to fill up the Candidates Appeal Form.

 www.smfccl.sg/appeal/

Need help? Get in touch with our team now.

Programme Key Information

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