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Man jailed for employing foreigners without work permits


Man Gets Deterrent Jail Sentence for Repeated Offence of Employing Foreigners Without Work Permits

A motor workshop owner, Tan Kang Han, of KH Tan Motor Workshop, was sentenced to 12 months imprisonment and fined $12,000 in court on 17 March 2005 for employing four foreigners without valid work permits.
He was charged and convicted for two counts under section 5(1) of the Employment of Foreign Workers Act (Chapter 91A). Tan was also sentenced to eight months imprisonment on an CPIB charge1 .These sentences will run consecutively.
Illegal employment of foreigners
On 5 August 2004, Employment Inspectors of the Ministry of Manpower (MOM) carried out investigations at KH Tan Motor Workshop located at 51 Defu Lane 9 for possible infringement of laws relating to the employment of foreigners.
Investigations revealed that Tan had employed four foreigners as spray-painters at his workshop without obtaining valid work permits to do so.
Further investigations also revealed that Tan employed the foreigners to work for him despite knowing that they were here only on Social Visit Passes, which prohibits them from engaging in any form of employment.
This is the fourth time that Tan has been charged in court for illegal employment of foreigners without work permits. Details of his three previous convictions prosecuted by MOM between 1994 and 1999 for 17 charges of illegal employment are attached at Annex.
In view of Tanís recalcitrance in flouting the employment laws repeatedly by employing foreigners without work permits, MOM has pressed for a deterrent custodial sentence against him.
The Court has ruled that the two MOM charges imposed at 6 months each run consecutively. Tan was thus sentenced to a deterrent jail sentence of one year.
MOM would like to remind employers to obtain the requisite approval to employ foreigners. Any person caught employing foreigners without valid work permits will be charged in court.
The first-time offender faces a minimum fine equivalent to two years of the foreign worker levy and a maximum fine up to four yearsí levy for each foreign worker, or imprisonment of up to one year, or both.
For the second and subsequent conviction, the penalty will be a mandatory jail sentence of one to 12 months in addition to the above fines.
1On 13 Aug 2004, Tan had corruptly offered a gratification of $5,000 to one Yip Chew Peng to come to MOM and impersonate as Tan and accept criminal responsibility on his behalf. The CPIB charge runs consecutively with the MOM charges. Tan was sentenced to a total of 20 months imprisonment and $12,000.

Source: Ministry of Manpower Press Release 24 Mar 2005



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26 March 2005