- Joined
- Jun 9, 2020
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When I was working in manufacturing Singapore had just passed a law that penalised employers with a jail term if someone without a proper work permit was found working on the premises.
Security at the factory was performed by a security agency.
One night one of the regular guards that does night shift called in sick and the security company had to scramble to find a replacement. Unfortunately the scruffy character they came up with was on a social visit pass and had also overstayed his welcome.
This dastardly deed was uncovered because the ministry concerned happened to do a spot check.
So who is liable for the fact that an illegal overstayer was found working on the premises? The agency? The company? If the company is liable who should serve the prison sentence? The MD? HR Manager? Security manager?
I will provide details of the outcome later.
since it's legislation, the company would be liable
however the company is free to pursue a claim for damages against the grossly negligent security agency.
and the AG can separately prosecute the agent for hiring an illegal.