If your company has someone working for it whose pass does not allow them to work for your company, the company may be committing an offence under the Employment of Foreign Manpower Act (EFMA), even if the person holds a pass of some kind. Common examples are a domestic worker doing part-time cleaning for a business, a Work Permit holder employed by another company, a Dependant’s Pass holder with no work pass of their own, a visitor waiting for a work pass that was later rejected, and a worker kept on after their pass was revoked or cancelled. MOM states that employing a foreign employee without a valid work pass is punishable by a fine of S$5,000 to S$30,000, imprisonment of up to 12 months, or both, with mandatory imprisonment for a repeat conviction. Stop the work at once and take advice before you do anything else.
Deal with it now, and deal with it properly. MOM publishes no amnesty or voluntary disclosure scheme for illegal employment, so there is no guaranteed safe route. What you can control is whether the company stops the breach immediately, keeps honest records, pays what is owed lawfully and answers MOM truthfully. Concealment, backdated paperwork or coaching staff turns a bad position into a much worse one.
A pass is not the same as permission to work for you
MOM told Parliament in 2021 that work pass holders “are only allowed to work for the official employer specified in their work pass card” (MOM, 2 August 2021). In other words, the right question is not “does this person have a pass?” but “does this pass allow this person to do this job for this company?” MOM’s own enforcement cases show how often the answer is no:
- Another household’s or company’s worker. In a 2024 case, an individual was charged with 33 counts for hiring part-time cleaners. Of the 33, 27 were migrant domestic workers, five were on Work Permits for other companies, and one was on a Dependant’s Pass. MOM said none had a valid work pass to be employed as cleaners (MOM, 4 July 2024).
- A visitor whose work pass was refused. In 2023 a company director was fined S$8,000 under the EFMA for employing a foreigner in a design role at his company after her work pass application and appeal had been rejected. He was also jailed for Immigration Act offences after harbouring her when her visit pass expired.
- A worker whose pass was revoked. In a 2020 case, MOM charged a company director for, among other things, continuing to employ foreign workers after their work permits had been revoked.
- A worker used outside the pass’s purpose. In 2025 MOM arrested 32 performing artistes who held Work Permits for one scheme but were found working at outlets without valid work passes.
The penalties
| Who | Penalty stated by MOM |
|---|---|
| Employer, first conviction | Fine of S$5,000 to S$30,000, imprisonment of up to 12 months, or both |
| Employer, subsequent conviction | Mandatory imprisonment of 1 to 12 months and a fine of S$10,000 to S$30,000 |
| Employer, on conviction | MOM may bar the employer from employing foreign employees |
| Foreign worker | Fine of up to S$20,000, imprisonment of up to 2 years, or both, and a bar from working in Singapore |
Sources: MOM’s EFMA page and the 2024 press release above. The penalty applies per charge, so several workers or periods can mean several charges. Deploying your own correctly approved worker outside the terms of their work pass is treated separately as an infringement, with a financial penalty of up to S$10,000 (see MOM Notice of Infringement). Directors and managers who were responsible can face personal liability; our guide to MOM work pass investigations explains how.
You have just found out. What now?
- Stop the work today. Do not let the person continue “until the end of the month” or while you apply for a pass.
- Do not create paperwork after the event. No backdated contracts, invoices dressed up as “consultancy”, or payments routed through someone else. MOM looks at what actually happened.
- Preserve the records. Keep messages, timesheets, payment records and how the person was recruited. If an agent or middleman supplied the worker, keep everything about that arrangement too.
- Get advice on paying what is owed. The person did the work. How and when to settle it should be decided with advice, so that the payment is recorded honestly and is not mistaken for something else.
- Take legal advice before speaking to MOM. If MOM contacts you, cooperate and tell the truth. A lawyer can advise whether and how the company should come forward, and how to approach any interview.
- Find out how it happened. Was it a manager hiring casual help, a subcontractor, or a staffing agent? The fix depends on the cause.
Checks that prevent it
- Before day one, see the original pass, match it to the passport, and confirm with MOM’s online work pass check that it is valid and names your company as the employer.
- For a spouse or family member of a pass holder, do not assume a Dependant’s Pass or Long-Term Visit Pass allows work. Check the current MOM rules for that pass. Our Letter of Consent guide explains when a separate approval or work pass is needed.
- For someone already employed elsewhere, remember that a work pass is tied to one employer. An EP holder’s side job for your company is not covered by their existing pass. See whether an EP holder can work for another company.
- For casual and part-time help, apply the same check. The 2024 case involved part-time cleaners hired through a chat group.
- When a pass is cancelled, revoked or expires, end the work the same day, and diarise every expiry date.
- For contractors and agencies, require written confirmation that their workers are their own employees with valid passes, and check on site.
See also the differences between the Employment Pass, S Pass and Work Permit.
Frequently asked questions
The worker told us their pass allowed it. Is that a defence?
Relying on what the worker said, without checking, gives little comfort. The employer is expected to verify. Whether any defence is available in a particular case is a question for a lawyer.
Can we apply for a work pass now and carry on in the meantime?
No. A work pass must be in place before the person starts work. Applying does not make the current work lawful.
What happens to the company’s other work passes?
MOM has said employers who employ foreigners without a valid work pass will have their work pass privileges suspended. See what debarment blocks and how to appeal.
More on the work passes and immigration hub.
Found someone working without the right pass?
If your company, or you as a director or shareholder, has discovered that someone is working for the company without a valid work pass, or MOM has contacted you about it, contact the Raffles Corporate Services team at [email protected] or on WhatsApp at +65 8501 7133 or +65 9018 0072. We will help you understand the documents and deadlines, put the payroll and HR records in order, and set up work pass checks for future hires. Where your matter needs a lawyer, we will refer you to a firm on our panel of Singapore law firms that regularly handles MOM investigations and prosecutions. Raffles Corporate Services is a corporate services provider, not a law firm, and this article is general information, not legal advice.
Tiffany Goh, Raffles Corporate Services