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Can EP holder with an MNC work as part time teacher in a private institute?

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Can EP holder with an MNC work as part time teacher in a private institute?

Postby newonesg » Sun, 21 Aug 2016 3:30 pm

Hello everyone,

I am currently working on an Employment pass with a MNC in Singapore. I work in the software industry. Recently I have been approached by a private corporate coaching institute to teach a course related to my domain. They would like me to teach few hours a week after my office hours. As per my understanding, this will be a part time job as they would be offering me some monetary benefits for the course I teach. Since I am on an employment pass with my current employer I would like to know the following:

1. Am I allowed (as per MOM policies) to work part time with another company?

2. If no, is there an alternative way to address this situation? (I would really like to consider teaching as it is a good way to share and grow with like minded people. It will give me a good exposure and also help me network)

3. A friend suggested that I can start a sole proprietorship company (keeping my current EP and job intact). In this way I can claim to have my own company and invoice the teaching institute through my company in a legal way. Is this possible? Can an EP holder also have a sole proprietorship?


I kindly request you to guide me in this situation. Though I would love to consider this opportunity I want to be very sure I do not break any legal rules in Singapore. Please help me with a appropriate way to address my problem.

Thank you in advance.

Regards

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Re: RE: Can EP holder with an MNC work as part time teacher in a private institute?

Postby ecureilx » Sun, 21 Aug 2016 3:44 pm

newonesg wrote:Hello everyone,

I am currently working on an Employment pass with a MNC in Singapore. I work in the software industry. Recently I have been approached by a private corporate coaching institute to teach a course related to my domain. They would like me to teach few hours a week after my office hours. As per my understanding, this will be a part time job as they would be offering me some monetary benefits for the course I teach. Since I am on an employment pass with my current employer I would like to know the following:

1. Am I allowed (as per MOM policies) to work part time with another company?

2. If no, is there an alternative way to address this situation? (I would really like to consider teaching as it is a good way to share and grow with like minded people. It will give me a good exposure and also help me network)

3. A friend suggested that I can start a sole proprietorship company (keeping my current EP and job intact). In this way I can claim to have my own company and invoice the teaching institute through my company in a legal way. Is this possible? Can an EP holder also have a sole proprietorship?


I kindly request you to guide me in this situation. Though I would love to consider this opportunity I want to be very sure I do not break any legal rules in Singapore. Please help me with a appropriate way to address my problem.

Thank you in advance.

Regards


No. For question 1.

For 2. Why not volunteer your time for free ? ;)

For 3. No, you can't work for your company and have an EP under another company. Same as 1.

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Re: Can EP holder with an MNC work as part time teacher in a private institute?

Postby BBCWatcher » Sun, 21 Aug 2016 7:30 pm

If your current fixed monthly salary is sufficiently high enough ($12,000 or higher) then you can apply for a Personalised Employment Pass and perhaps it will be granted. PEP holders are allowed to have multiple subordinate employment roles. You must notify the MoM of any new or additional employer(s), and of the cessation of any job(s). You must also make an annual salary declaration. A bout of unemployment of up to six months is tolerated, but if you fall below $144,000/year then the PEP is cancelled. The PEP cannot be renewed (it's once per lifetime) and lasts for three years. When the PEP ends you have three possibilities: leave Singapore, get an Employment Pass or other work pass/permit (and have only a single employer), or step up to PR status. Unlike PR (or the EntrePass) the PEP is only good for subordinate employment. The PEP does not allow self employment or other "entrepreneurial" activities.

Despite the PEP's flexibility your current employer may contractually bar your taking a second job. That sort of contractual limitation is legal and rather common in Singapore. Check your current employment agreement carefully.

Alternatively, the corporate coaching institute you refer to would generally be allowed to obtain your services by paying your employer per a services contract struck between them, hopefully (but not necessarily) with your employer sharing some of the windfall in the form of additional salary. If it's a few hours per week (for example) and reasonably within your current employer's business activities, such an arrangement should be OK, but your employer and the institute should ask the MoM for guidance if they have concerns.
Last edited by BBCWatcher on Sun, 21 Aug 2016 9:33 pm, edited 1 time in total.

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Re: RE: Re: Can EP holder with an MNC work as part time teacher in a private institute?

Postby ecureilx » Sun, 21 Aug 2016 9:14 pm

Take note of this.

What is the duration ?
Up to 3 years.

Is it renewable ?
No. The PEP is issued only once.

BBCWatcher wrote:Alternatively, the corporate coaching institute you refer to would generally be allowed to obtain your services by paying your employer per a services contract struck between them, hopefully (but not necessarily) with your employer sharing some of the windfall in the form of additional salary. If it's a few hours per week (for example) and reasonably within your current employer's business activities, such an arrangement should be OK, but your employer and the institute should ask the MoM for guidance if they have concerns.


Interesting...
Last edited by ecureilx on Sun, 21 Aug 2016 9:14 pm, edited 1 time in total.

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Re: Can EP holder with an MNC work as part time teacher in a private institute?

Postby sundaymorningstaple » Mon, 22 Aug 2016 12:19 am

I hope MOM isn't still monitoring this site or I might have to go down and have another interview with them. Statements like that are deliberately trying to circumvent Singapore Employment law and the MOM looks dimly on that. We tend to not suggest things that are not 'according to Hoyle' as it were. At least not online.

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Re: Can EP holder with an MNC work as part time teacher in a private institute?

Postby beppi » Mon, 22 Aug 2016 5:04 am

The OP sent this to me (and probably not just a few others) by PM - and also did the same on at least one other Internet forum (I received a PM from him there, too!).
He is thus extremely Kiasu and I would call him a SPAMmer.
He does not deserve your constructive replies - but that MoM is monitoring this one is encouraging.

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Re: Can EP holder with an MNC work as part time teacher in a private institute?

Postby BBCWatcher » Mon, 22 Aug 2016 9:23 am

Hang on a minute!

Scenario: EP holder working full time for an executive consulting firm doing executive consulting. An institute (otherwise known as a prospective customer) wants him/her to spend a few hours coaching groups of executives in a classroom setting instead of one-on-one. (Maybe coaching software industry executives?) So the institute can approach the EP holder's employer for a consulting contract and obtain that consultant's part-time services to coach the executives. It's the same field, the same type of work, and a legal business arrangement. That's exactly what platinum plated firms like KPMG, Deloitte, Accenture, and others do all the time. Their EP holders are able -- often required! -- to drum up new consulting business for their firms. That new consulting business of course has to go through KPMG, Deloitte, Accenture, etc. Legal and Contracting departments. (Accenture and Deloitte, at least, are examples of multinational consulting companies heavily in the software industry.)

....Now, that said, I was the first person to recommend asking the Ministry of Manpower to assess such an arrangement if there is any concern about legality. I still recommend that. The Ministry of Manpower can certainly penalize employers if they deploy their EP holders in ways that are illegal, so those employers ought to have ample incentive to do their homework to make sure the new client they're signing up, and the services arrangement, is perfectly legal.

Perhaps the original poster is spamming or whatever, but I'm merely answering the question asked.

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Re: Can EP holder with an MNC work as part time teacher in a private institute?

Postby newonesg » Mon, 22 Aug 2016 10:21 am

Hello everyone.. Thank you for the responses. I apologise if I spammed across the site. But this was the first time I was approaching a forum to ask a question. Was not sure which one worked the best. And for Beppi, I got your reference from a friend who said he had been benefited with your approach and reply a few months ago. That is the reason for sending you a personal PM. I again apologize if I spammed :) Was not sure of the forum rules.

Having said that, I now get a fair idea of how things work. Like I said earlier, i would not like to do anything that goes against MOMs policies and would talk to the teaching insititue about the matter. Thank you everyone for taking the time to reply back.

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Re: Can EP holder with an MNC work as part time teacher in a private institute?

Postby sundaymorningstaple » Mon, 22 Aug 2016 10:43 am

BBCWatcher wrote:Hang on a minute!

Scenario: EP holder working full time for an executive consulting firm doing executive consulting. An institute (otherwise known as a prospective customer) wants him/her to spend a few hours coaching groups of executives in a classroom setting instead of one-on-one. (Maybe coaching software industry executives?) So the institute can approach the EP holder's employer for a consulting contract and obtain that consultant's part-time services to coach the executives. It's the same field, the same type of work, and a legal business arrangement. That's exactly what platinum plated firms like KPMG, Deloitte, Accenture, and others do all the time. Their EP holders are able -- often required! -- to drum up new consulting business for their firms. That new consulting business of course has to go through KPMG, Deloitte, Accenture, etc. Legal and Contracting departments. (Accenture and Deloitte, at least, are examples of multinational consulting companies heavily in the software industry.)
.


Did you even bother to read the posters initial post? He works in a Software company, not a consulting or educational facility. Teaching is not part of his Portfolio (with the exception of maybe teaching the end user of their product. But it is something he has knowledge of. Conducting classes is NOT part and parcel to his employment as it could be in one of the big five. I would suggest you hang on a minute. Trying to help is one thing, trying to insinuate the employee is able to subvert the spirit of the rules is another.

Please remember, MOM is loathe to permit exceptions as they tend to then set preferences which then tend to be abused as the situation then becomes too hard to handle for them.

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Re: RE: Re: Can EP holder with an MNC work as part time teacher in a private institute?

Postby ecureilx » Mon, 22 Aug 2016 4:32 pm

sundaymorningstaple wrote:Please remember, MOM is loathe to permit exceptions as they tend to then set preferences which then tend to be abused as the situation then becomes too hard to handle for them.


Years ago, While at a dubious employer, we visited a client and soon the client figured out I may be able to help him in expertise not related to my EP or job scope at my employer's place.

So my incredible enterprising boss hatched a plan that went like, while delivering my regular work, I will also consult the client and boss gets 50% of client's payment, for 'admin' and tax purposes, and I get 50%.

Me knowing my boss, decided to get an official appointment at MOM via my advisor, and asked the duty officer whether it's legal.

The first half of the chat was if I did consult and get paid, for which I confirmed other than the preliminary talks and stuff nothing happened.

Then the officer confirmed what my boss has proposed was illegal and to report to MOM confidentially if I was forced to do any work outside what my pass application states.

I didn't dare ask how the Indian body shops place staff.

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Re: Can EP holder with an MNC work as part time teacher in a private institute?

Postby BBCWatcher » Mon, 22 Aug 2016 7:55 pm

sundaymorningstaple wrote:Did you even bother to read the posters initial post? He works in a Software company, not a consulting or educational facility.

Obviously I did because the post you quoted contains the word "software" more than once.

Apparently you're assuming that an inter-company contractual arrangement to obtain the services of an EP holder is always illegal. (Is that what you're assuming?) I do not assume anything about the legality of such an arrangement except that "it depends." I recommended (and continue to recommend) either or both of the companies involved check with the Ministry of Manpower if they have any such concerns. That recommendation should not be controversial, one would think.

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Re: Can EP holder with an MNC work as part time teacher in a private institute?

Postby Strong Eagle » Mon, 22 Aug 2016 9:55 pm

I reckon that your only route to be able to do this is to have the company your are currently working for act as the contracting entity, invoice and collect for your services, then pay you.

I don't see PEP working. Besides the need for a minimum $12,000 salary, and it's maximum 3 year period, PEP pages also say:

Who is not eligible

You are not eligible for the PEP if you are:

An Employment Pass holder under the sponsorship scheme.
A freelancer or foreigner who intends to work on a freelance-basis.


So... what is your answer going to be when MoM asks why you want to switch to PEP?

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Re: Can EP holder with an MNC work as part time teacher in a private institute?

Postby BBCWatcher » Mon, 22 Aug 2016 11:35 pm

Strong Eagle wrote:I don't see PEP working.

If approved, I do. Note the "Additional employment" checkbox on page one and its prerequisite.

So... what is your answer going to be when MoM asks why you want to switch to PEP?

The Ministry of Manpower doesn't ask.


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