Need help on a tricky issue regarding MOM and a company withholding pay
Not mine, but a friend of a friend. Even though I said I’d asked my brothers for their opinion, I thought I’d expand the issue here as well.
Basically the issue is, her friend has just finished studying and this company decided to take her in and let her work for them.
However, due to certain issues that she was having with her employers (think verbal mistreatment), she decided to leave said company.
This company then decided to withhold her pay and from what I’ve been told has been refusing to give it to her?
Anyway, this is the tricky part. I had initially assumed that her friend would be a citizen or PR. No, she’s not from here and even worse, she’s on her student visa.
So my friend’s concern is that by complaining to MOM, ltvp would be revoked.
How would you guys approach this situation, or at least have it solved?
Netizens’ comments
- Check if the friend is legally exempted from requiring a Work Pass or similar. If legally exempted, and there’s a contract of employment, should be able to report to MOM. Make sure the friend also didn’t breach contract. Some contracts have clauses where if the notice period is not given, have to pay the company.
If not legally exempted, gotta be able to handle the consequences of getting caught working without Work Pass if report to MOM. Better to just suck it up if cannot, and learn the lesson.
Just my 2 cents, not based on any anecdotal evidence of mine. - Check the approved list of institutions that are allowed to work without work pass, meaning only with student visa.
If on approved list: Vacation can work largely without restrictions. During school term, either industrial attachment or max 16hrs a week.
As a foreign student, if need money, work at part time job that pays cash daily. Else, just assume worse case that she is doing it for experience only.
MOM’s guidelines
Work pass exemption for foreign students
If you are holding a Student Pass in Singapore, you are only allowed to work if you meet specific requirements. Find out if you are eligible.
Not allowed to work
You are not allowed to work if:
1) You are not studying in any of the institutions listed below.
2) You are an exchange student doing study modules in Singapore.
If you are a foreign student or trainee coming to Singapore under a training attachment programme, you should be holding a Training Work Permit, a Training Employment Pass, or be in the Work Holiday Programme. It is an offence for a foreign student to work in Singapore without a valid work pass.