Owner of famous F&B restaurant cancelled employee’s work permit without telling him, causing him to be charged by ICA

This is a reader contributed post.

Long story short, the owner of a famous local food establishment in River Valley area cancelled the work permit of one of its Malaysian employees without his knowledge. This caused him to overstay for 32 days and be charged with a $300 fine by the ICA. The employer tried to re-apply for the work permit but the application was not completed.

The employee eventually resigned from the F&B company as the working conditions were very poor. According to him, all the foreign workers were exploited by the company. These practices are not in accordance with Singapore’s employment law.

Here is John’s* account of the story.

* Names have been changed to protect identities of the people involved.

“I used to work for a famous local food establishment at it’s River Valley Rd’s branch. And I am a victim of this company. I started to work for this company on 5 January 2016. After that I worked under the same company in the same outlet until i resign on 19 March 2016 with 2 weeks notice which follows the company policy told by the administrative manager.

I leave Singapore in the early morning of 20 March 2016 at Tuas checkpoint and I was detained by custom officer. The officer says that my working permit was canceled on 10 February 2016 and I’ve been overstaying in Singapore for 32 days and I will be fine $300. I don’t have that much money on me that time. I was unable to pay the fine.

I phoned my boss on the spot. I explained to him about the situation and the problem I’m facing. He claims that there is no way my permit will be canceled. He claims that it was Sunday and he couldn’t check anything from MOM’s system. I asked for reimbursement of the fine and he promised it on the spot. He say he would transfer the money to my bank account but there is no ATM machine around and I have to call my uncle in Singapore to bring me the money.

After I paid my fine, I’m allowed to leave Tuas checkpoint and go back to Malaysia. My uncle talked to my boss and ask him to give a good explanation on Monday. He then send an IPA letter of mine (dated 11 February 2016) to my uncle. And it is a very weird situation when my work permit is canceled on 10 February and I still receive an IPA letter on 11 February 2016. I have never seen that IPA letter before.

The next day 21 March 2016, explanation was given by my employer to my uncle. His explanation was as below. “Yes. His Permit was under XXX Pte Ltd. On 10th Feb this Permit was Cancelled and a New Permit applied under XXX Pte Ltd. However the issuance for the New Permit under XXX Pte was not completed. I sincerely apologise for any inconvenience caused.”

My first employment is under XXX Pte. Ltd. Then my permit is canceled and reapplied under the company XXX Pte. Ltd. but the application process never completed. I was never told about the cancellation of my first permit nor the application of my second permit. And I never seen the IPA letter dated 11 February 2016.

My uncle had lodged a complaint to MOM and ICA trying to clear my name from any bad record, but so far nothing happens. MOM did called my uncle and took feedback about such employer and ICA haven’t response about it.

I’m here seeking for your help try to clean my name for being an overstayer, and also to stop this kind of issue in this country. Or at least let you to know the truth behind the company. I don’t know how many people have been their victim but I hope this kind of incident stops now before there is a next victim.”

John told Sure Boh Singapore that he is currently not working in Singapore and while the company eventually reimbursed him the $300 fine, his name is still not cleared from the system.

He is also worried about his fellow Malaysian friends who might be trapped in similar situations.

If you’d like to contribute your story to us, drop us an email at editors@sureboh.sg and we’ll review it. We read each submission that comes to us within two weeks of receiving it.