4 arrested for allegedly making false declarations, collecting kickbacks in 'phantom workers' scheme

A total of four people have been arrested by Ministry of Manpower (MOM) enforcement officers for alleged employment-related offences.

The ministry said in a news release on Friday (Sept 4) that the enforcement operation was conducted on Wednesday.

It did not disclose where the operation was conducted, but checks by AsiaOne have indicated that it involved at least one construction company in Paya Lebar.

Among the four arrested are two company directors and two company staff.

According to MOM, they are suspected to have made false declarations, collected employment-related kickbacks.

In addition, the two company directors are suspected of making fraudulent Central Provident Fund (CPF) contributions to locals not under their employment.

These "phantom workers" were allegedly used to inflate the foreign worker quotas of their companies.

The number of work permit holders an employer can hire is limited by a quota known as the dependency ratio ceiling (DRC). It differs between sectors, with the construction and process sectors having the highest DRC, at 83.3 per cent.

The DRC quota for marine shipyard, manufacturing and services are 75 per cent, 60 per cent and 35 per cent respectively.

Meanwhile, another 21 persons are assisting with ongoing investigations for their alleged involvement in such "phantom worker" arrangements.

Documents, computers seized in raid

The raid was witnessed by workers in the six-storey commercial building on Wednesday morning.

An eyewitness, who only gave her name as Ng, said she was at the nearby cafeteria when she saw a group of unfamiliar people come out from the lift.

"It was about 9.30am when they (MOM officers) came. At that time, you'd usually see familiar faces around. I haven't seen them before," Ng said, adding that their serious demeanour caught her attention.

"They headed straight for the company's office wearing their lanyards."

Ng said she was unconcerned and did not call the police as they appeared to be government officials and not troublemakers.

She told AsiaOne that her intuition was proven right about an hour later when two men were led away separately in handcuffs.

They were each trailed by an officer carrying a box, believed to contain evidence such as documents, and led to waiting unmarked vans.

According to Ng and a co-worker surnamed Lam, they recognised them as the company's directors.

The two office workers said they saw officers carrying several more boxes of seized documents and computers into waiting vehicles over the next one-and-a-half hours.

They left at around noon and things returned to normal.

Checks by AsiaOne on the company's business records indicate that it is a construction company licensed for general building and civil engineering works.

Under the Employment of Foreign Manpower Act (EFMA), those found making false declarations in work pass applications could be fined up to $20,000, jailed for up to two years, or both.

MOM will also bar entities or individuals convicted of such offences from employing foreign workers.

Those who collude with companies by providing their particulars for fraudulent CPF contributions to inflate foreign worker quotas may also be prosecuted for abetment of false declaration, which carries a fine of up to $20,000, an imprisonment term of up to two years, or both.

The collection of employment-related kickbacks is an offence punishable with a fine of up to $30,000, an imprisonment term of up to two years, or both.

Meanwhile, those found guilty of operating an employment agency without a licence could face a fine of up to $80,000, jail of up to two years, or both.

MOM also reminded members of the public not to accept CPF contributions from businesses they are not working for, as this could constitute aiding in false declaration offences by errant employers.

人力部执法人员已逮捕四人，他们涉嫌违反雇佣相关法律。

该部在周五（9月4日）发布的新闻稿中表示，此次执法行动于周三进行。

声明并未透露行动地点，但AsiaOne的调查显示，行动至少涉及巴耶利峇的一家建筑公司。

被捕的四人中有两名公司董事和两名公司员工。

据人力部称，他们涉嫌作虚假申报，并收取与雇佣相关的回扣。

此外，这两名公司董事还涉嫌向未受雇于他们的当地人虚报中央公积金（CPF）缴款。

据称，这些“幽灵工人”被用来虚增其所在公司的外籍工人配额。

雇主可雇用的工作许可证持有者人数受到配额限制，该配额称为抚养比上限（DRC）。不同行业的抚养比上限有所不同，其中建筑业和加工业的抚养比上限最高，达到 83.3%。

刚果民主共和国在海洋造船、制造业和服务业方面的配额分别为 75%、60% 和 35%。

与此同时，另有 21 人正在协助进行调查，他们涉嫌参与此类“幽灵员工”安排。

突袭中缴获的文件和电脑

周三上午，这栋六层商业大楼里的工人目睹了这次突袭。

一位只透露自己姓吴的目击者说，当时她在附近的自助餐厅，看到一群陌生人从电梯里出来。

“他们（人力部官员）大约在上午9点半左右来的。通常这个时候，你会看到一些熟悉的面孔。我以前没见过他们，”吴女士说，并补充说，他们严肃的态度引起了她的注意。

“他们戴着工作证，径直走向公司办公室。”

吴女士表示她并不担心，也没有报警，因为这些人看起来像是政府官员，而不是惹事生非的人。

她告诉亚洲新闻网，大约一个小时后，她的直觉得到了证实，两名男子被分别戴上手铐带走。

他们每人都被一名扛着箱子的警官跟踪，据信箱子里装着文件等证据，然后被带到等候在那里的无标记厢式货车旁。

据吴先生和一位姓林的同事称，他们认出这些人是公司的董事。

这两名办公室工作人员表示，在接下来的一个半小时里，他们看到警察将更多装有查获文件和电脑的箱子搬进等候的车辆。

他们大约中午离开，一切恢复了正常。

AsiaOne 对该公司的商业记录进行核查后发现，该公司是一家获得许可从事一般建筑和土木工程的建筑公司。

根据《雇佣外籍人力法》（EFMA），在工作准证申请中作虚假陈述者，最高可被处以 20,000 美元罚款、两年监禁，或两者并罚。

人力部还将禁止被判犯有此类罪行的实体或个人雇用外籍劳工。

那些与公司串通，提供个人信息以进行虚假公积金缴款，从而虚增外籍劳工配额的人，也可能因教唆虚假申报而被起诉，最高可处以 20,000 美元的罚款、两年监禁，或两者并罚。

收取与雇佣关系相关的回扣属于违法行为，可处以最高 30,000 美元的罚款、最高两年的监禁，或两者并罚。

与此同时，那些被发现无证经营职业介绍所的人可能面临最高 8 万美元的罚款、最高两年的监禁，或两者并罚。

人力部还提醒公众不要接受自己未工作单位缴纳的公积金，因为这可能构成协助不法雇主进行虚假申报的罪行。