Firms not allowed to engage foreign freelancers to provide creative services in S’pore: MOM, Vicpa

SINGAPORE – Companies in industries such as those involving photography, videography and make-up services are not allowed to engage foreign freelancers for clients in Singapore.

In a joint advisory to industry stakeholders on Sept 11, the Visual, Audio, Creative Content Professionals Association (Singapore), or Vicpa, and the Ministry of Manpower (MOM) said: “Foreigners on tourist or student visas are not allowed to perform such work in Singapore, and companies cannot engage them to provide services to clients, nor promote their services.”

This follows information received by MOM that some companies have engaged foreign freelancers to provide creative services for weddings here, the statement added.

Such work arrangements are illegal and constitute a contravention of the Employment of Foreign Manpower Act (EFMA).

Foreigners found working in Singapore without a valid work pass may be liable to a fine not exceeding $20,000, a jail term of up to two years, or both. Those who have engaged such foreigners for work may also be subject to such penalties.

Foreigners found working without a valid work pass may also be barred from entering and working in Singapore.

Vicpa’s executive secretary Jagathishwaran Rajo told The Straits Times that the association has received increasing feedback from local professionals regarding challenges posed by foreign freelancers operating in Singapore without valid work passes.

This includes “concerns over unfair price competition, as foreign freelancers often charge significantly lower rates”, he said in a statement on Sept 13.

Meanwhile, Singapore-based creatives are obliged to make MediSave contributions, as well as meet equipment and business overheads, insurance and tax requirements.

The issue has proliferated in recent years as social media platforms allow foreign freelancers to advertise their services directly to clients here, he said.

“We note that such cases are not limited to weddings alone but also extend to other sectors requiring creative services, including photography, videography, make-up and related freelance work,” Mr Jagathishwaran said.

In response to the situation, Vicpa, an affiliate of the National Trades Union Congress (NTUC), has been monitoring these platforms and providing tip-offs to MOM.

It also aims to strengthen education among clients and companies and promote ethical hiring practices.

“Our objective is not to stifle competition, but to uphold a fair and level playing field where Singapore’s creative talent is respected, valued and supported,” Mr Jagathishwaran said.

In response to queries from ST, MOM, in a reply on Sept 15, said that foreign wedding photographers must possess a valid work pass before they can commence work for individuals or companies in the Republic.

It added that from 2021 to 2024, MOM received about two complaints annually on foreigners working illegally in wedding-related services and had followed up on the cases.

To report a contravention of the EFMA, members of the public can visit MOM’s eService portal at

www.mom.gov.sg/eservices/services/report-an-infringement

Those under student visas may go to

www.mom.gov.sg/passes-and-permits/work-pass-exemption-for-foreign-students

for more information on their eligibility for work.

Vicpa was set up in 2021 to represent freelance and self-employed individuals in the creative content industry,

with support from NTUC

.

According to its website, it aims to uphold a code of ethics to guide industry practices and support members in strengthening their professional competencies, among other objectives.