Trio face 74 charges related to over-declaration of salaries in EP and S Pass applications

29 September 2011

1. An administrative manager of two cleaning companies; a director and a former staff of an employment agency were charged in the Subordinate Courts today for their roles in making false salary declarations in the work pass applications of 27 S Pass and Employment Pass (EP) holders.
   
   Facts of the Case
2. The prosecutions followed investigations by the Ministry of Manpower (MOM) into complaints in end June this year by S Pass and EP holders of the two cleaning companies, TY Enterprise Pte Ltd and Sun Blues Cleaning Maintenance Pte Ltd, that they were made to return a portion of their salaries to their employers. MOM had charged TY Enterprise and Sun Blues Cleaning Maintenance on 28 April 2011 for infringements relating to non-payment of S-Pass salaries via General Interbank Recurring Order (GIRO). The cases are currently being heard in Court.
3. Today, administrative manager, Thenkumari d/o Shanmugam Packirisamy faced 27 charges in court for making false declarations in the salaries of the foreign workers hired by the two said companies under her charge. She allegedly had no intention to pay the workers their declared salaries, which were inflated to match the qualifying wage requirements set by MOM so that the workers will be issued with work passes.
4. For allegedly abetting the offence, Ng Mui Shee, Andy Nelson, a former staff of licensed employment agency, Star Employment Pte Ltd, was also charged today. Engaged by the two said companies, he faces 27 charges for intentionally aiding Thenkumari in making false salary declarations by helping to fill up the application forms for her to sign on despite knowing that the workers will be underpaid. Tan Ah Huat, the director of the said employment agency, faces 20 charges for making false declarations in the salaries of the foreign workers in 20 of these 27 said applications (under the employment agency portion) despite knowing that the workers will be underpaid.
5. Their respective companies were also charged today for making false salary declarations. Please see Annex for a summary of the charges.
6. Earlier this month on 16 September, an employer was convicted for abetment in making a false declaration in the salary of an S Pass holder. The sole proprietor of Forever Sanitary Plumbing Services, Ang Chiew Huat, was fined $11,000 for instructing his employment agent to over-declare the salary of his supervisor in his work pass application. Ang Chiew Huat had also submitted false salary documents when his company was under investigation by MOM and illegally deployed the S Pass holder to work in a vocation which differed from the one stated in his work permit.
   
   Employers engaged in such scams will be firmly dealt with, says MOM
7. Mr Aw Kum Cheong, Divisional Director, Foreign Manpower Management Division, MOM, said, "Any attempt to circumvent the work pass framework by making false declarations or knowingly abetting to such actions on the part of the employer or the employee is an offence under the Employment of Foreign Manpower Act (EFMA). Employers engaged in such scams will be firmly dealt with to the full extent of the law. MOM will continue to keep up our strong intelligence gathering and operations on the ground. Members of the public who know of such deceptive practices can provide confidential tip-offs to us via email at mom_fmmd@mom.gov.sg or call us at 6438 5122.”
8. From January to June this year, 16 employers have been prosecuted for making false declarations in work pass applications¹. Under the EFMA, employers who are found making a false declaration in a Work Pass application are punishable with a fine of up to $15,000 or up to 12 months’ jail, or both.

¹ The work pass applications refer to applications made for EP, S Pass and Work Permits (excluding work pass applications for Foreign Domestic Workers)

Annex - List of Charges on 29 September 2011