Refund of fees to employers of foreign domestic workers
13A.—(1) Subject to paragraphs (2) and (3), a licensee must refund at least 50% of the relevant service fees if the employment of a foreign domestic worker (called in this rule the employee), who was placed with an employer by the licensee through a placement service, is terminated within 6 months of commencement of the employment, whether by the employer or the employee.
(2) A licensee need not make a refund to an employer under paragraph (1) if any of the following circumstances have occurred:
(a)
the employer —
(i)
contravened, in relation to the employee’s employment with the employer, the Employment of Foreign Manpower Act 1990, any subsidiary legislation made under that Act or any condition or regulatory condition under that Act; or
(ii)
committed any offence against the employee during the employee’s employment with the employer;
(b)
the employee’s employment contract was terminated due to the occurrence of a specified event defined in rule 13B(1) as in force at the time the employment contract was entered into;
(c)
the employer —
(i)
cancelled the employee’s work pass, repatriated the employee or transferred the employee to another employer; and
(ii)
did not, within a reasonable time before the cancellation of the employee’s work pass or the repatriation or transfer of the employee (as the case may be), notify the licensee that the employer intends to do so;
(d)
the employer opted to employ a replacement employee placed by the licensee, and the employer or licensee (as the case may be) obtained in-principle approval of the application for the replacement employee’s work pass.
(3) Where a refund is sought under paragraph (1) in respect of the termination of employment of an employee who is a replacement employee, the licensee need only refund the relevant service fees under that paragraph if the replacement employee is a first replacement employee or a second replacement employee.
(4) Where a refund is sought under paragraph (1) in respect of the termination of employment of an employee who is a first replacement employee, “relevant service fees” in this rule includes the relevant service fees that, but for paragraph (2)(d), would have been refundable under paragraph (1) in relation to the termination of the replaced employee.
(5) Where a refund is sought under paragraph (1) in respect of the termination of employment of an employee who is a second replacement employee, “relevant service fees” in this rule includes the relevant service fees that, but for paragraph (2)(d), would have been refundable under paragraph (1) in relation to the termination of the replaced employee and the first replacement employee.
(6) Where —
(a)
an employer makes a written request to a licensee for a refund under this rule; and
(b)
the licensee is required under this rule to make the refund,
the licensee must do so within 14 working days after —
(c)
the employer’s written request for the refund — if the employee’s work pass was cancelled before the written request is made; or
(d)
the employee’s work pass is cancelled — if the employee’s work pass was not cancelled before the employer’s written request is made.
