As an expat in Singapore, it is important to know about your legal rights to repatriation. The Employment of Foreign Manpower Regulations (EFMR) is the primary legislation governing the employment of foreign workers. It mandates that all foreign employees hold valid work passes and establishes employer obligations regarding levies, medical insurance, housing, and repatriation. Foreign employees on work passes are covered under this Act.
Navigating the EFMR can be difficult, so this is a guide to whether your employer is obligated to repatriate you after your employment ends in Singapore.
It is also worth noting that some Multi-National Companies (MNCs) may have Employment Handbooks or International Assignment protocols which may contain wording on how they will deal with international expatriates after their term has ended. Always ask for documentation from the company Human Resource.
We will be focusing on Employment Pass (EP) holders.
Generally, employers are required to bear the cost of repatriation, including your air ticket, any connecting flights and additional check in baggage that you will require. However, if your contract states that you are to bear the cost of repatriation (i.e. the air ticket), then your employer will not be legally obliged to cover the costs of your journey back home.
Here are some additional info from MOM’s website regarding different nuances regarding whether an employer must pay for sending an EP holder back home:
Unless the pass holder gives consent, the employer will be responsible for sending an Employment Pass holder home at the cessation of employment. If consent is given, it has to be clearly stated that the pass holder agrees to pay for repatriation costs. The pass holder must sign the document to acknowledge consent.
A simple clause in the contract would be sufficient if the contract is signed by the pass holder. However, if the pass holder does not sign the document, clauses or protocols from the company’s Employment Handbook and/or HR policy will likely not be sufficient.
In the event of unforeseen global health emergencies, employers are not required to pay any costs incurred for public health arrangements in the foreign employee’s home countries/regions. However, should their foreign employees make any requests, employers should discuss with their employees and come to a mutual understanding and agreement on the various costs needed to fulfil their legal obligation in repatriating their employees. This will help to minimise liabilities and avoid delays that may prevent employees from returning to their home countries. Employers also have a duty to settle all outstanding obligations, such as salary payments, before the employee leaves Singapore.
Should there be any disputes or deadlocks, you may contact MOM for assistance.
What you should do if your employer refuses to cover your repatriation costs (given that your contract states that your employer will bear such costs)
What you should do before signing your contract
Now that you know what your employers are legally obligated to cover, it is strongly encouraged for you to read the terms of your contract carefully before signing. If you are not satisfied with the terms of your contract, you may want to have an internal discussion with your Human Resource (HR) managers to negotiate the terms of your contract.
Conclusion
It is important for expatriates to know their legal rights when it comes to leaving Singapore after their work passes have expired. Navigating contracts and handbooks may not be your area of expertise and can be difficult to understand.
If you require tailored assistance for your unique circumstances, contact us now. We can assist with expat contract advisory, expat negotiation support, advising on specific areas of law and review and advising on tax issues for expats.
Disclaimer: This article provides general information and does not constitute legal advice. Please seek professional advice for your specific situation.
Do reach out to us at Legal Expat if you require professional advice. We have a team of qualified lawyers that can assist you. Email us at: info@legalexpat.sg or drop us a WhatsApp at: +65 8093 4393 if you require assistance.