Good Employment Agency Practices
1. Duty of Care
2. Service Agreements
3. Record Keeping
4. Honouring Agreements
5. Complaints and Dispute Resolution
6. Other Good Practices
Duty of Care
- Knowledge of and compliance with applicable laws and guidelines *For KAH/licensees to update staff
- The Employment Agency should conduct its business in accordance with the Employment Agencies Regulatory Framework (EARF), and other applicable laws and regulations
- The Employment Agency’s Key Appointment Holders and Personnel performing placement-related work should keep up-to-date on changes to the Employment Agencies Regulatory Framework and other law, regulations and guidelines that have a bearing on the conduct of the Employment Agency’s business activities
- Professionalism of Employment Agency Personnel
- The Employment Agency should facilitate all personnel performing placement-related work to undergo training and continuous professional development within the stipulated competency frameworks, so that they are constantly developing better skills that promote valuable Employment Agency related activities and services.
- Advertising of Employment Agency Services
- Where the Employment Agency advertises its services and/or fees, it should ensure that the advertisements are accurate, and not mislead or in any away exploit the Employer’s lack of expertise, experience and knowledge
- The Employment Agency should honour all advertised terms without variation
- The Employment Agency should furnish relevant information to all prospective Employers and respect their decisions on whether to engage the Employment Agency’s services
Service Agreement
The Employment Agency should draw up a service agreement with the Employer that states clearly its terms of service to the Employer. The terms of service should include the service fees payable and refund and replacement policies.
Service agreement with the Employer must state clearly its terms of service provided. It should include:
- Breakdown of service fees payable to Employment Agency and overseas Employment Agency
- Refund and replacement policies (if any)
- Details of the provision of upkeep and maintenance during the Foreign Worker’s stay with the Employment Agency
- Services provided by the Employment Agency should the Employer require assistance
The service agreement should also state the mechanism to resolve any dispute that may arise between the Employer and Employment Agency.
The Employment Agency should explain and help the Employer understand all the terms of the service agreement. The Employment Agency should obtain the Employer’s written acknowledgement that he or she understands and agrees to the terms in the Agreement.
A copy of the service agreement should be provided to the Employer.
The service agreement shows the transparency of processes. |
Honouring Agreements
All terms and conditions agreed between the Employment Agency and its clients should be in writing.
The Employment Agency should honour all agreements with its clients, such as but not limited to the service agreement, including the timelines committed to the clients.
Employment Agencies should maintain confidentiality of information provided by clients, and in accordance with the Personal Data Protection Act.
Complaints and Dispute Resolution
Soliciting feedback
Employment Agencies should proactively solicit Employers’ feedback to monitor and raise service standards.
Handling Employers’ complaints against the Employment Agency
The Employment Agency should take all necessary measures to resolve disputes between the Employer and the Employment Agency. Where third party mediation or adjudication is sought in accordance with the Service Agreement, the Employment Agency will abide by the outcome of the mediation or adjudication and follow up with the Employer accordingly.
Employment Agencies are part of the service industry. |
Other Good Practices
- Employment Agencies to ensure that Employers notify them whenever there is a termination of the workers (e.g. include in service agreements with Employers)
- Employment Agencies have proper SOPs
- Employment Agencies provide accurate advice to clients about MOM’s processes and relevant regulations
- Employment Agencies must keep themselves updated of MOM’s new developments through MOM’s website & MOM EA alerts.
IMPORTANT: As MOM shares important Employment Agency-related information with all Employment Agencies through e-mail alerts, please ensure that your Employment Agency email address with the Ministry is updated. |
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