12 December 2017
Overview
In an unannounced change, the MOM recently added several new questions in the EP online application form requiring employers to disclose information about their efforts to hire Singaporean candidates for the job, i.e. how many Singapore citizens, permanent residents and foreign nationals applied for the job, what recruitment channels the employer used, how far each candidate got in the hiring process (distinguishing between Singapore citizens, permanent residents and foreigners), and up to three reasons why the employer decided not to hire a local candidate from the following list:
- lacked technical skills/expertise;
- lacked “soft” skills such as communication or leadership;
- lacked relevant industry or target market experience;
- lacked good qualifications;
- had salary expectations that the employer could not meet;
- turned down the employer’s offer;
- did not show up for the interview, or
- insufficient candidates applied or showed up for the interview to fill the number of available vacancies.
Commentary
Over the past two or three years, we have indeed seen an increased number of clients reaching out for assistance in the handling of EP applications and appeal process. In that context, it is key for organisations to keep written records (contemporaneous ideally) of all candidates whose profiles are reviewed and, as the case may be, interviewed and the reason(s) for them failing the interview process. Employers should also take steps to ensure that the information provided by any applicant, foreigners and Singapore citizens alike, is accurate, including making further inquiries into qualifications or references, if appropriate.
A review of the company’s hiring process, framework for staff progression, grievance handling procedures and internal diversity, equality and fair opportunities policies in the workplace ought to be undertaken, with a view to either implementing or improving current processes in line with the Tripartite Guidelines on Fair Employment Practices and other best practice standards. Importantly, these are matters in relation to which MOM may request background information and upon which appropriate sanction levels may be determined.
For further information, please contact:
Laure de Panafieu , Counsel, Head of Employment & Incentives, Asia , Linklaters
laure.de_panafieu@linklaters.com
