illegal activity by boss? (S-pass related)

[vivek23]

Hi all, i came to Singapore under s-pass in Aug 2013 as a civil engineer. My pass was applied under ‘XYZ pte ltd’ but my offer letter was from ‘ABC pte ltd’, totally different companies. When asked why the company names are different, the boss of ‘ABC pte ltd’ told me that I don’t have quota to recruit you so i recruited you through my friend’s company hence the name ‘XYZ pte ltd’ on ur s-pass!

Ques 1: is this legal to do? I have never met the boss of ‘XYZ pte ltd’ but I still paid tax in that company name.

I worked with the ‘ABC pte ltd’ and my salary was paid by cheque only. No appointment order or payslips were issued to me. I just resigned recently and they r refusing to give me a resignation or experience letter, should I complain to MOM about this?

[sundaymorningstaple]

Complain, but only if you are ready to get some free lodging and then a one way ticket home. Ignorance of the law is no excuse. However, as you have been here for several years already, it definitely looks like collusion and that would make you an accessory to the fact. Meaning you are as guilty as the employers. What would happen is you might get fined and deported, jailed and then deported. deported. In any of the three possible outcomes, you would be banned from returning to Singapore.

My advice? Try to find another job and this time make sure you are working for the person who hired you.

[vivek23]

thanks for the reply. the thing is, it is a common activity in this company and most of the employees in this company are have passes issued under a different company name and i though it was common activity here. I paid all the taxes properly under the S-pass that i was issued in. I recently came to know about this funny activity and to be on the safer side i resigned. What should i do now?
Please: I also need a proper reference/experience letter as a proof that I worked here otherwise there will be a gap in the CV.

[ecureilx]

Complain, but only if you are ready to get some free lodging and then a one way ticket home. Ignorance of the law is no excuse. However, as you have been here for several years already, it definitely looks like collusion and that would make you an accessory to the fact. Meaning you are as guilty as the employers. What would happen is you might get fined and deported, jailed and then deported. deported. In any of the three possible outcomes, you would be banned from returning to Singapore.

My advice? Try to find another job and this time make sure you are working for the person who hired you.

There is a slight chance the person may get a Special pass, and be allowed to freelance as much as possible, till the case goes on And take whatever the money he earned, but deportation and ban is assured either way.

SMS, question, hasn't the following been enforced ?

Electronic payment methods
You can use these methods for paying S Pass salaries:
General Interbank Recurring Order (GIRO) with your designated bank.
Internet funds transfer.
ATM funds transfer.
Standing order.
Funds transfer through bank counters.

Reference : http://www.mom.gov.sg/passes-and-permit ... g-salaries

Hi all, i came to Singapore under s-pass in Aug 2013 as a civil engineer. My pass was applied under ‘XYZ pte ltd’ but my offer letter was from ‘ABC pte ltd’, totally different companies. When asked why the company names are different, the boss of ‘ABC pte ltd’ told me that I don’t have quota to recruit you so i recruited you through my friend’s company hence the name ‘XYZ pte ltd’ on ur s-pass!

Ques 1: is this legal to do? I have never met the boss of ‘XYZ pte ltd’ but I still paid tax in that company name.

I worked with the ‘ABC pte ltd’ and my salary was paid by cheque only. No appointment order or payslips were issued to me. I just resigned recently and they r refusing to give me a resignation or experience letter, should I complain to MOM about this?

The only way you can get out of this mess, if at all, is if ABC Company is the holding company of XYZ or otherwise.

As SMS said, going to MOM will assure you a stay in Hotel Changi and deportation.

Have you been keeping copies of the cheques, just for record purposes ? Or the IPA for pass ?

And if your employer is a vengeful guy (Know a few SMEs like that .. ) forget the experience letter.

As an alternate, if you have good relation with clients, you may approach them to give a letter of recommendation, and in my experience, 5 out of 10 clients will do it, and the other 5, fear getting into trouble for anything and will pretend they aren't authorised to issue letters.

the thing is, it is a common activity in this company and most of the employees in this company are have passes issued under a different company name and i though it was common activity here.

Too bad I can't ask you to reveal the company and MOM doesn't have a reward for report system, especially if the employer you say is big -

[sundaymorningstaple]

I am afraid you are somewhat between a rock & a hard place. If you rat on the employer, you could very well create a lot of problems for the other S pass holders as well, which could make you a target if they were to lose their earnings/jobs. Short of anything else, you have your Income tax returns to support your claim to having worked here. Convincing another employer that you work for XYZ company but were paid by ABC company could possibly work IF ABC company was able to show that they placed you on another jobsite and billed the client for your labours there. Otherwise, all bets are off. But at least by getting a printout of your tax bill (or statement of no taxes due) from IRAS will show the new employer you WERE working here. That's about all I can say other than telling you anything else will open a great big can of.....

[vivek23]

thanks for the reply guys. the thing is there a few ppl who work there including Singaporean. If i complain, then MOM might ask my boss to close the small company or put heavy fine and they all might lose the job.
To cover my back i have the tax records and photocopies of the salary cheques. I will try to talk to my boss nicely to offer me an experience letter.

[sundaymorningstaple]

That would be the best. (and not threateningly, find a way to let him know that you do have copies of the salary cheques and tax records.) I feel pretty certain he will be in a mood to cooperate.

[ecureilx]

thanks for the reply guys. the thing is there a few ppl who work there including Singaporean. If i complain, then MOM might ask my boss to close the small company or put heavy fine and they all might lose the job.
To cover my back i have the tax records and photocopies of the salary cheques. I will try to talk to my boss nicely to offer me an experience letter.

In life only you can make the decision to do the right thing.

In this case, your being worried about others becoming jobless is the fear factor your boss is leveraging on.

But just remember, one day when MOM catches this boss, you will be treated as an accessory to his crime. Your sympathy to fellow employees won't take you far.

As I said if the boss refused an experience letter, reach out to clients for reference letters.

BTW the rules about being employed by A company but working for B company doesn't apply to citizens.