Certain job positions may be exempt from the advertising requirement on MyCareersFuture if they are to be filled by an intra-corporate transferee (ICT). To qualify for this exemption, specific conditions must be met.
Criteria for Exemption
Your candidate can be exempted from the advertising requirement if they meet all the following conditions:
1. Definition of Overseas ICT:
– The candidate must meet the definition of an overseas ICT under:
– The World Trade Organization’s (WTO) General Agreement on Trade in Services (GATS), or
– Any applicable Free Trade Agreement (FTA) that Singapore is a part of. Note that the definition of an overseas ICT may vary depending on the specific FTA.
2. WTO GATS Requirements:
– The candidate must have worked for your company outside Singapore for at least one year before being posted to the branch, affiliate, or subsidiary in Singapore.
– The candidate must be in one of the following roles:
Manager:
– Primarily directs the organization or a department/sub-division.
– Exercises wide discretion over day-to-day operations.
Executive:
– Primarily directs the management of the organization.
– Exercises significant decision-making authority.
– Receives general supervision or direction from higher-level executives, the board of directors, or stockholders.
Specialist:
– Possesses advanced expertise in a specific area.
– Has proprietary knowledge of the organization’s services, research, equipment, techniques, or management.
Conditions and Restrictions
Candidates coming in as overseas ICTs under the WTO GATS or an applicable FTA are subject to the following conditions:
Family Members:
– Family members of overseas ICTs are not eligible for Dependant’s Passes or Long-Term Visit Passes, except where specifically covered by an applicable FTA and meet prevailing criteria.
Temporary Basis:
– An overseas ICT is allowed entry into Singapore on a temporary basis, for a period strictly limited to the provision under the applicable trade agreement.
– Generally, an overseas ICT is not eligible for future employment in Singapore after the expiry or termination of their work pass, nor for permanent residency.
Alternative Option
Employers may consider applying for a regular Employment Pass (EP) for their overseas ICT if it better suits their needs. Regular EP applications must comply with the Fair Consideration Framework job advertising requirement, unless an exemption is applicable.
By adhering to these guidelines, employers can ensure compliance with Singapore’s employment regulations while effectively managing their workforce needs.
Source: Ministry of Manpower (MOM)