Section 2 establishes when a person is "acting as a recruiter" for the purposes of the Act. A person is acting as a recruiter for the purposes of the Employment Protection for Foreign Nationals Act (Live-in Caregivers and Others), 2009 (EPFNA) if he or she:

  • Finds or attempts to find an individual for employment or assists another person in doing so;
  • Finds or attempts to find employment for an individual or assists another person in doing so; or
  • Refers an individual to another person to find or to attempt to find an individual for employment or to find or attempt to find employment for an individual.

In terms of distinguishing the first two bullets above, the first relates to a person finding or attempting to find or assisting in finding or attempting to find an individual for a position, whereas the second bullet relates to a person finding or attempting to find or assisting in finding or attempting to find a position for an individual.

As set out in clause (d), a person is acting as a recruiter for the purposes of EPFNA if he or she refers another person to someone who finds, or attempts to find, either an individual for employment or employment for an individual. This may arise, for example, where a person refers a potential employer to a recruitment agency for assistance in finding a foreign national for employment as a live-in caregiver.