Company Director Fined $21,000 for Falsely Declaring Salaries in Work Pass Applications

1. A 51-year-old Singaporean, Tan Boon Sing (“Tan”), was sentenced in the State Courts on 7 July 2016 for falsely declaring salaries to obtain work passes for 10 foreign employees. Tan was charged with 10 counts of the offence. He pleaded guilty and was fined $21,000 in default nine weeks’ imprisonment for three charges, with the remaining seven charges taken into consideration. Both Tan and his company, KT Engineering & Construction Pte Ltd have been barred from hiring foreign workers.
   
   Falsely declaring salaries and collecting kickbacks from foreign workers
2. Between October 2014 and May 2015, Tan made false declarations in the work pass applications for 10 foreign workers. Tan declared their salaries to be $2,200 so as to meet the salary requirement for an S Pass, even though he knew that they would be paid a lower amount. The workers were granted S Passes based on the false information provided.
3. Investigations revealed that the workers were each paid a monthly salary of $1,400. The company would issue a monthly $2,200 cheque to each worker. Tan would then instruct his former employee, a 44-year-old Indian national Peyarijohn Shekatham (“Peya”), to collect back $800 in cash from each of the workers every month on his behalf. The workers were told by Peya that their work passes would be cancelled and they would be sent back to their home country if they did not comply.
4. Following MOM’s investigations, Tan has since returned the monies collected to all the workers. 
5. For Peya’s involvement in aiding Tan to collect kickbacks, Peya will be dealt with in due course.
   
   Applicants must make truthful declarations
6. Commenting on the case, Mr Kandhavel Periyasamy, Director of Employment Inspectorate, MOM’s Foreign Manpower Management Division, said, “Tan had falsely declared the salary of the workers so that they could qualify for S Passes. This is a serious offence and we will take strong enforcement action against such employers, including barring them from employing foreign workers.”
7. Since 2014, 55 employers were prosecuted for falsely declaring their foreign workers’ salaries.
8. Under the Employment of Foreign Manpower Act (EFMA), offenders found guilty of false declaration offences can be imprisoned for up to two years, or fined a maximum of $20,000, or both. For kickback offences, offenders can be imprisoned for up to two years, or fined a maximum of $30,000, or both.
9. Members of the public who know of persons or employers who contravene the EFMA should report the matter to MOM at 6438 5122 or e-mail mom_fmmd@mom.gov.sg. All information will be kept strictly confidential.