Employment Agencies Regulatory Framework (FW) Flashcards
An Employment Agency is not allowed to bring in nor facilitate the entry of a foreigner into Singapore to seek employment unless foreigner has an In-Principle Approval issued by the Controller of Work Pass under an Employer.
Which offence of this section under the EARF (FW) does it belong to?
a) Section 10(1)
b) Section 10(2)
c) section 12
d) section 14
A
What is the penalty for Section 10(1) of Employment Agencies Rules?
a) First conviction: Fine not exceeding $3,000
Subsequent conviction: Fine not exceeding $3,000 or/and imprisonment for a term not exceeding 8 months
b) First conviction: Fine not exceeding $5,000
Subsequent conviction: Fine not exceeding $5,000 or/and imprisonment for a term not exceeding 6 months
c) First conviction: Fine not exceeding $9,000
Subsequent conviction: Fine exceeding $5,000 or/and imprisonment for a term not exceeding 6 months
B
What is the penalty for Section 10(2)?
a) First conviction: Fine not exceeding $3,000
Subsequent conviction: Fine exceeding $8,000 or/and imprisonment for a term not exceeding 2 months
b) First conviction: Fine not exceeding $5,000
Subsequent conviction: Fine not exceeding $5,000 or/and imprisonment for a term not exceeding 6 months
c) First conviction: Fine not exceeding $4,000
Subsequent conviction: Fine not exceeding $7,000 or/and imprisonment for a term not exceeding 3 months
B
It is lawful for the licensee to charge and receive fees only in the prescribed manner
a) true
b) false
A
How should Employer Prescribed Fee as stipulated in section 12(1) of Employment Agencies Rules?
a) No cap on the fee that Employment Agencies may charge Employers for the services provided
b) Employers have stronger bargaining power compared to workers
c) all
d) none
C
How should Employer Prescribed Fee as stipulated in section 12(1) of Employment Agencies Rules?
a) No cap on the fee that Employment Agencies may charge Employers for the services provided
b) Employers have stronger bargaining power compared to workers
c) all
d) none
C
How should Employee Prescribed Fee as stipulated in section 12(1) of Employment Agencies Rules?
a) No registration fees allowed to be charged
b) Fees should not be charged prior to placement (i.e., before In- Principle Approval (IPA) has been issued for foreigners, and before date of signing employment contract for locals)
c) Fee cap is subject to a maximum of 4 months’ work of salary. Salary is defined as basic salary plus fixed allowance
d) a,b
D
No registration fees allowed to be charged
Fees should not be charged prior to placement (i.e., before In-
Principle Approval (IPA) has been issued for foreigners, and
before date of signing employment contract for locals)
Fees charged should not be more than one month’s worth of salary per year for the duration of the approved work pass or employment contract, whichever is shorter (i.e. fee cap). These fees include any service(s) conducted by the Employment Agency in Singapore, or outside of Singapore, even if the fees are collected from workers via an overseas employment agency (e.g. Employment Agency collects fees from worker for providing training in the foreign jobseeker’s home country).
Fee cap is subject to a maximum of 2 months’ work of salary. Salary is defined as basic salary plus fixed allowance
Certain fees should not be collected from workers as they should be borne by prospective Employers or Employment Agencies themselves, e.g. fees incurred in Singapore such as costs of training, medical check-ups
No person shall charge or receive for his services any sum greater than the prescribed fee (i.e. Breach of fee cap).
a) true
b) false
A
What is the penalty for Section 23(1) of Employment Agencies Act?
a) First conviction: Fine not exceeding $5,000
Subsequent conviction: Fine not exceeding $5,000 or/and imprisonment for a term not exceeding 6 months
b) First conviction: Fine exceeding $4,000
Subsequent conviction: Fine not exceeding $3,000 or/and imprisonment for a term not exceeding 3 months
c) First conviction: Fine exceeding $2,000
Subsequent conviction: Fine not exceeding $2,000 or/and imprisonment for a term not exceeding 9 months
A
A Foreign Worker may have to incur costs of mandatory training imposed by the source country, medical check-ups, making passports and airfare to Singapore, before he is able to depart for work in Singapore. The Employment Agency is allowed to recover such expenses paid to the overseas third parties, on behalf of the foreign Worker. These expenses are excluded from the fee cap. Will the fees cap be excluded?
a) Yes
b) No
A
The fee cap will also exclude any other expenses paid to third parties, that were necessary to facilitate the worker’s placement to a job.
An Employment Agency in Singapore assists to pay for services charged by the overseas Employment Agency, on behalf of the Foreign Domestic Worker. The Foreign Domestic Worker later repays the overseas agency fee amount to the Employment Agency in Singapore, through a loan from her Employer. Such fees are excluded from the fee cap. Will the fees cap be excluded?
a) Yes
b) No
A
Under Section 12(4) of Employment Agencies Rules, Failure to issue Itemised Receipts to Worker. What does it result in?
a) Employment Agencies must issue itemised receipts to workers indicating the amount of money the Employment Agency is receiving from the worker, as
soon as practicable.
b) Receipts must be issued to the worker regardless of whether the worker paid
the Employment Agency directly or whether the Employment Agency received the money through a supplier/overseas Employment Agency
c) Salary and Loan Schedules for Foreign Workers are not considered itemized receipts unless amount charged by local Employment Agency is explicitly stated and it is given to the Foreign Worker.
d) all of the above
e) none
d
What is the penalty for Section 12(4) of Employment Agencies Rules?
a) First conviction: Fine not exceeding $1,000
Subsequent conviction: Fine not exceeding $2,000 or/and imprisonment for a term not exceeding 6 months
b) First conviction: Fine not exceeding $4,000
Subsequent conviction: Fine not exceeding $3,000 or/and imprisonment for a term not exceeding 9 months
c) First conviction: Fine exceeding $3,000
Subsequent conviction: Fine not exceeding $3,000 or/and imprisonment for a term not exceeding 9 months
A
Under Section 13 of Employment Agencies Rules, what is the Offence to not provide Fee Refund?
a) Employment Agencies to refund at least 50% of the agency fees collected from the worker if employment is prematurely terminated within 6 months of commencement of employment
b) Employment Agency need not refund the fees collected if the worker requested for the termination or if the worker absconds
c) Fee refund to be made within 7 working days of termination of employment or before the foreign worker is repatriated, whichever is earlier
d) all of the above
e) none
D
Under Section 23(5) of the Employment Agencies Act, what is the offence to Contravene any Licence Conditions?
a) Commissioner may grant or renew a licence with conditions
b) Commissioner may vary or revoke any of the existing conditions of the licence or impose new conditions
c) both
d) none
C
What is the penalty for Section 23(5) of Employment Agencies Act?
a) Fine not exceeding $5,000 or/and imprisonment for a term not exceeding 6 months
b) Fine not exceeding $15,000 for a term not exceeding 6 months
c) Fine not exceeding $4,000 or/and imprisonment for a term not exceeding 4 months
B
Retain possession of all documents (original, copies, or in electronic form), for a minimum period of 3 years, starting from date of any work pass application and any work pass renewal
Which licence conditions for Employment Agencies related to placement of Foreign Employees?
a) EALC 5(c)
Document retention period
b) EALC 7
Ensure foreigners meet entry requirements
c) EALC 8a
Representation of fees or costs
d) EALC 8b
Written agreement stating the breakdown of the cost payable as imposed by MOM
e) EALC 9
Written Authorization
f) EALC 9A, B, and C
Ensure the In-Principle Approval letter (IPA) is received by the foreign employee at least 3 to 7 days prior to departure to Singapore
g) EALC 11(a) Repatriate foreigner and bear the costs if foreigner does not meet entry requirements
h) EALC 11A
No repatriation before checking whether there are claims under Employment Act or Work Injury Compensation Act
I) EALC 11B and 11C
No repatriation to destination other than international port of entry within foreign employee’s home country nearest to foreign employee’s hometown
A
Perform verification checks to ensure all foreign employees meet MOM’s prevailing entry requirements
Which licence conditions for Employment Agencies related to placement of Foreign Employees?
a) EALC 5(c)
Document retention period
b) EALC 7
Ensure foreigners meet entry requirements
c) EALC 8a
Representation of fees or costs
d) EALC 8b
Written agreement stating the breakdown of the cost payable as imposed by MOM
e) EALC 9
Written Authorization
f) EALC 9A, B, and C
Ensure the In-Principle Approval letter (IPA) is received by the foreign employee at least 3 to 7 days prior to departure to Singapore
g) EALC 11(a) Repatriate foreigner and bear the costs if foreigner does not meet entry requirements
h) EALC 11A
No repatriation before checking whether there are claims under Employment Act or Work Injury Compensation Act
I) EALC 11B and 11C
No repatriation to destination other than international port of entry within foreign employee’s home country nearest to foreign employee’s hometown
B