MOM S-Pass Application Case

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Questions and Answers

As an EA personnel, if the employer wishes to terminate the employee, what specific advice should you provide to ensure compliance with employment laws?

Advise the employer to provide written notice as per the employment contract or statutory requirements, ensure all outstanding salary and benefits are paid, and document the reason for termination to avoid wrongful termination claims.

Based on the scenario, what essential details regarding the job advertisement are missing or misrepresented that could mislead potential foreign applicants?

The actual salary offered (S$1,600) differs from the declared salary for the S-Pass application (S$2,300), and the actual job duties do not align with the designated role of 'Business Manager'.

In this scenario, who is legally responsible for submitting Nancy's S-Pass application to the Ministry of Manpower (MOM)?

Gordon, as the employer, is ultimately responsible for the accuracy and legitimacy of the S-Pass application, even though Gary (the EA personnel) is facilitating the process.

What specific document concerning Nancy's employment terms contains inaccuracies or omissions that violate employment standards?

<p>The Letter of Employment stating a basic salary of S$1,600 (despite a higher declared salary for the S-Pass) and the denial of leave entitlement during the 6-month probation period, which may contravene employment laws.</p> Signup and view all the answers

Identify at least two distinct offences committed in the scenario, specifying the actors involved (Gordon, Gary and Nancy) and the nature of each offence.

<p>Gordon and Gary committed offences. Gary and Gordon falsified Nancy’s S-Pass application by declaring a higher salary and a misleading job title. Gordon violated employment standards by offering a salary lower than declared and denying leave during probation. Nancy did not commit any offences.</p> Signup and view all the answers

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Flashcards

Gordon's Offence

False declaration of salary and job title to obtain S-Pass approval.

Gary's Offence

Misrepresenting an employee's salary and position to circumvent work permit regulations.

Employer's duty upon termination

The employer must notify MOM upon termination, according to the Employment Act.

Hidden Ad Details

Salary, job title, and other key compensation details.

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S-Pass Application

The employer (Gordon).

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Study Notes

  • Gordon sought a clerk through Gary's EA service and found Nancy, a Malaysian worker
  • Nancy was promised a salary of S$1,600 per month
  • Since Gordon's company had no work permit quota, Gary advised applying for an S-Pass for Nancy and declaring her salary as S$2,300
  • Gary suggested designating Nancy as a Business Manager
  • Gordon agreed and told Gary to proceed with the application
  • The MOM approved the application on June 6, 2013, and Nancy began working on June 18, 2013
  • On her first day, Gordon asked Nancy to sign a Letter of Employment stating her basic salary as S$1,600 and a 6-month probation without leave entitlement

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