A company in Singapore has been convicted for falsely declaring that it had considered hiring local candidates fairly, under the enhanced Fair Considerations Framework (FCF).

Ti2 Logistics, which is in the shipping industry, is the first company to be prosecuted for making false declarations on fair-hiring considerations.

Pre-selected foreign candidate

Ti2 Logistics originally submitted an Employment Pass (EP) application for a foreign candidate it had pre-selected for a General Manager position.

According to court documents, the foreign candidate was a Chinese national, Zhou Jianxin, who was introduced to the director of Ti2 Logistics, Francis Chiang Tin Yui, by an acquaintance.

Chiang knew that Zhou had experience and networks in the shipping industry.

As Chiang had plans to expand his business to China, he decided to hire Zhou for the Singapore office, and then post him to China at a later date to run the operations.

In the EP application, the company stated that it had interviewed a foreigner for said position, MOM revealed in a press release.

However, this was not in line with the Fair Consideration Framework, which requires employers to advertise job openings on MyCareersFuture.sg and fairly consider all candidates, before submitting EP applications.

Ti2 Logistics' EP application was thus rejected by MOM.

Posted job ad but did not interview any local applicants

To circumvent the Fair Consideration Framework requirement, the company subsequently posted a job advertisement on Jobs Bank on Jul. 10, 2019 for the position of a Business Development Manager.

According to court documents, the advertisement used a generic template provided by Jobs Bank.

The ad also did not indicate that the company required candidates to have knowledge and experience in the shipping industry, or were to be based overseas in China.

These were "key criteria" critical to the company in assessing the suitability of the candidates for the position.

22 local candidates submitted their resumes via the portal, MOM investigations revealed.

However, Ti2 Logistics neither reviewed nor considered any of the local candidates.

The company then re-submitted the EP application for their foreign candidate on Jul. 26, 2019.

It also falsely declared that two Singaporeans and one foreigner were interviewed for the position, and that they had considered all local candidates fairly.

Director plead guilty

Chiang plead guilty to one charge under the Employment of Foreign Manpower Act on Mar. 10, 2020.

He admitted that he did not interview any Singaporeans, as he had already offered the job to Zhou. He was also unaware of the number of people who responded to the advertisement.

According to MOM's press release, the company was convicted of the charge, and fined S$18,000.

MOM has also barred the company from hiring any foreign employees for two years.

Zhou's work pass will also be revoked with immediate effect.

In Jan. 2020, MOM stiffened the penalties for companies that breach the Fair Consideration Framework requirements.

Discriminatory employers will have their work pass privileges revoked for longer periods of time. They also face prosecution by MOM for making false declarations on fair considerations.

This is to reduce workplace discrimination, and to ensure employers do not treat job advertising as a "paper exercise", Christine Loh, Director of Employment Standards Enforcement of MOM’s Labour Relations and Workplaces Division said.

Workplace discrimination does not only cover nationality, but those on the basis of age, race, gender and mental health condition as well.

Employers must make accurate, complete and truthful declarations to the Controller of Work Passes in their applications, or face fines of up to S$20,000, or jail for up to two years or both.

Members of the public can report instances of discriminatory hiring or employers who have not considered locals for job opportunities or unfair workplace practices here.

Top photo from Google Maps, Ti2 Logistics website and MOM / FB