Am I, as owner, responsible for foreign or daily paid workers, engaged by contractor?

[Lemonpeach]

We plan to rebuild part of a patio and pool. The contractor/ID quoted a competitive price. I asked him from where the workers will come. He said Malaysians from across causeway.

I asked my neighbours and ALL engaged contractors in the same way. Contractors decide where to source workers and materials

Question :

1) As the Malaysians are unlikely to have a work permit, who is legally responsible in case of ICA raid ?

2) Can I say it is the contractor's decision. But as owner, am I liable as occupier?

3) How can I protect myself? Can I insist the contractor pen in writing he will abide by the laws of Singapore, and thereby indemnify me?
This is what my lawyer suggested us to do. Will the contractor balked and walk away?

Appreciate any advice or sharing if experience. Thanks

 

[coyote]

Wow! Staying in bungalow with private pool!

 

[chongquan82]

If chiu don't mind paying extra

This contractor will most likely run

If chiu insist on CAR , personal injury and indemnity insurance

 

[KakiMeow]

You are not liable.

 

[dilphinus]

We plan to rebuild part of a patio and pool. The contractor/ID quoted a competitive price. I asked him from where the workers will come. He said Malaysians from across causeway.

I asked my neighbours and ALL engaged contractors in the same way. Contractors decide where to source workers and materials

Question :

1) As the Malaysians are unlikely to have a work permit, who is legally responsible in case of ICA raid ?

2) Can I say it is the contractor's decision. But as owner, am I liable as occupier?

3) How can I protect myself? Can I insist the contractor pen in writing he will abide by the laws of Singapore, and thereby indemnify me?
This is what my lawyer suggested us to do. Will the contractor balked and walk away?

Appreciate any advice or sharing if experience. Thanks

Not true.

Most Malaysian workers have a work permit to work in Singapore even if they commute daily between JB and Singapore.

 

[Money no have]

not difficult to check for work permit bro.

 

[Lemonpeach]

If chiu don't mind paying extra

This contractor will most likely run

If chiu insist on CAR , personal injury and indemnity insurance

Basing on ambiguity is risky to me. Like pretending not to know but in the Courts, ICA will surely prosecute.

 

[Lemonpeach]

not difficult to check for work permit bro.

I think many of them have no WP. That's why cheap. If I insist on WP-approved workers, it will take some time for contractors to organise resources.

 

[zhiguzai]

Pay more and engage a BCA registered contractor. He is less likely to take the risk and his workers are WP holders.

 

[Lè Crayons]

You think ICA does not know that the Malaysians who cross the border daily without WP are working in Singapore. They know!

 

[champion09]

We plan to rebuild part of a patio and pool. The contractor/ID quoted a competitive price. I asked him from where the workers will come. He said Malaysians from across causeway.

I asked my neighbours and ALL engaged contractors in the same way. Contractors decide where to source workers and materials

Question :

1) As the Malaysians are unlikely to have a work permit, who is legally responsible in case of ICA raid ?

2) Can I say it is the contractor's decision. But as owner, am I liable as occupier?

3) How can I protect myself? Can I insist the contractor pen in writing he will abide by the laws of Singapore, and thereby indemnify me?
This is what my lawyer suggested us to do. Will the contractor balked and walk away?

Appreciate any advice or sharing if experience. Thanks

do you go to resturant and asked if all the ingredents are sourced properly? Do you check the work permits of the chefs? Will you sign a contract with the resturant that if you feel unwell after eating, they are liable for your medical fees?

Quite sure answer is no, right?

You find a proper reno company with a valid acra license number and work with lawyers to ensure your scope of work is crafted properly. The rest, dont bother. If they get raid, its their problem they cannot deliver on time and thus, pay the penalty.

Lifes short, dont overthink.

 

[Chocoz]

 

[herzberg]

Got money to stay landed and rebuild, just pay a lawyer for proper advice la

 

[boredom2012]

Yes. So you better draft a contract for your contractors to protect yourself

 

[Spike]

I think many of them have no WP. That's why cheap. If I insist on WP-approved workers, it will take some time for contractors to organise resources.

It depends. Some of them are "adhoc" workers. This type of workers don't have work permit. They work on "demand" basis.

The other type of Malaysian worker is that they don't work directly for a contractor or sub contractor but have a work permit registered with another company, and an "agreement" to pay their own worker's levy and a monthly "convenience" fee so they can take up their own jobs.

Typically the first type of workers will avoid commercial projects where building security or MCST will scrutinize permit workers.

No effective way to screen them..just ask them to sign an indemnity form that all their workers and sub contractors use workers with work permits and get a name list of work permit holders and their work permit nos.