Are Employers of Record in Singapore Eligible to Apply for Work Passes for Foreigners Employed Abroad?

No, Employers of Record (EOR) in Singapore are not eligible to apply for work passes for foreigners who are employed by overseas companies. Work passes are specifically designed for foreigners who are employed by companies that are based in Singapore. This regulation ensures that employment opportunities are primarily offered to individuals who contribute to the local economy.

Foreigners who intend to reside in Singapore for an extended period must secure employment with a Singaporean company and hold a valid work pass. These work passes are essential for legal employment and ensure that both the employee and employer comply with local labor laws. Companies that do not have a local presence in Singapore have two primary options to facilitate employment:

Establish a Representative Office

Companies can set up a representative office in Singapore through Enterprise Singapore’s (ESG) Representative Office scheme. This allows foreign companies to have a presence in Singapore for purposes such as market research and client liaison, although it does not permit direct sales activities. Learn more about establishing a representative office here.

Register a Business with ACRA

Another option is to register a local company with the Accounting and Corporate Regulatory Authority (ACRA). This process involves incorporating a business entity in Singapore, which can then hire employees and apply for work passes for foreign workers. Find more information on registering a business here.

For foreign nationals who are exploring business opportunities in Singapore without the intention of long-term employment, a Short-Term Visit Pass (STVP) may be an ideal option. This pass allows foreigners to engage in business activities such as attending meetings, corporate retreats, or networking events for up to 90 days each calendar year. Learn more about the STVP and eligible activities here.

It's important to note that Employers of Record that attempt to apply for work passes on behalf of foreigners working for overseas companies while based in Singapore may face serious legal penalties. This practice is against local regulations and can result in fines or other enforcement actions by Singaporean authorities. Companies must adhere to the laws governing employment in Singapore to avoid potential repercussions and to promote a fair labor market.

In summary, while Employers of Record in Singapore cannot facilitate work passes for foreigners employed abroad, there are alternative routes for businesses looking to establish a presence in Singapore. By either setting up a representative office or incorporating a local company, foreign businesses can legally hire foreign employees and navigate the complexities of Singapore's employment landscape.