Can a Foreign Employee Start Training Before Obtaining a Work Pass in Singapore?

As a business owner, it’s essential to ensure compliance with Singapore’s Employment of Foreign Workers Act (EFMA) when hiring and managing foreign employees. Your client’s question about allowing a staff member to start training before obtaining a valid work pass is a common concern. Here’s what you need to know:

Key Legal Consideration

Under the EFMA, all foreign employees must hold a valid work pass before they can legally engage in any form of employment-related activities in Singapore. This includes training, as it is considered part of the employment process.

Relevant Sections of the Employment of Foreign Workers Act

1. Section 5(1) of the EFMA states:
   “No person shall employ a foreign employee unless the foreign employee has a valid work pass issued by the Controller of Work Passes.”
   This means that any form of engagement, including training, is considered employment.
2. Section 5(3) of the EFMA further clarifies:
   “Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 12 months or to both.”
   Non-compliance can result in severe penalties, including fines and imprisonment.

Is Training Allowed?

Training is considered an integral part of employment, as it prepares the individual to perform their job duties. Allowing a foreign employee to undergo training without a valid work pass violates the EFMA, as it constitutes unauthorised employment. This could lead to legal consequences for both the employer and the employee.

Recommendation for Business Owners

To avoid penalties and ensure compliance:

1. Apply for the Work Pass First: Ensure the foreign employee’s work pass application is approved before they commence any training or work-related activities.
2. Plan Ahead: Factor in the processing time for work pass applications to avoid delays in onboarding.
3. Seek Clarification: If in doubt, consult the Ministry of Manpower (MOM) or a legal expert to ensure full compliance with EFMA regulations.

By adhering to these guidelines, business owners can protect their companies from legal risks and maintain a compliant workforce.