Employment of Foreign Manpower Act.docx

1、Employment of Foreign Manpower ActEmployment of Foreign Manpower Act(CHAPTER 91A)(Original Enactment: Act 21 of 1990)REVISED EDITION 2009(31st July 2009)An Act relating to the employment of foreign manpower. 30/20071st January 1991Short title1.This Act may be cited as the Employment of Foreign Manpo

2、wer Act. 30/2007Interpretation2.In this Act, unless the context otherwise requires “Appeal Board” means the Appeal Board established by the Minister under section25H; Act 24 of 2012 wef 09/11/2012“authorised officer”, in relation to any provision in this Act, means any public officer authorised in t

3、hat behalf by the Minister for the purposes of that provision; Act 24 of 2012 wef 09/11/2012“body corporate” includes a limited liability partnership registered under the Limited Liability Partnerships Act (Cap.163A); Act 24 of 2012 wef 09/11/2012“construction works” means the construction, extensio

4、n, installation, carrying out, repair, maintenance, renewal, removal, alteration, dismantling or demolition of (a)any building, erection, edifice, structure, wall, fence or chimney, whether constructed wholly or partly above or below ground level;(b)any road, motorway, harbour works, railway, cablew

5、ay, canal or aerodrome;(c)any drainage, irrigation or river control work;(d)any electrical, water, gas or telecommunication works; or(e)any bridge, viaduct, dam, reservoir, earthworks, pipeline, sewer, aqueduct, culvert, drive, shaft, tunnel or reclamation,and includes any works which form an integr

6、al part of, or are preparatory to the works described in paragraphs(a) to (e), including site clearance, earth-moving, excavation, laying of foundation, site restoration and landscaping, and such other works or activities as the Minister may, by notification in the Gazette, specify to be constructio

7、n works;“Controller” means the Controller of Work Passes appointed under section3;“debarred”, in relation to a person, means a person who is debarred under section7(4)(d) from applying for, or being issued with, a work pass; Act 24 of 2012 wef 09/11/2012“employ” means to engage or use the service of

8、 any person for the purpose (a)of any work; or(b)of providing any training for that person,whether under a contract of service or otherwise, and with or without salary;“employer” means any person employing a foreign employee, and includes (a)for the purposes of an application for a work pass, any pe

9、rson who has the intention or purports to have the intention to employ a foreign employee; or(b)in a case where a foreign employee has or had a valid work pass, any person specified in the work pass as the employer of the foreign employee;Act 24 of 2012 wef 09/11/2012“employment inspector” means the

10、 Controller and any person appointed as an employment inspector under section3;“foreign employee” means (a)any foreigner, other than a self-employed foreigner, who seeks or is offered employment in Singapore; or(b)such other person or class of persons as the Minister may, by notification in the Gaze

11、tte, specify;“foreigner” means any person who is not a citizen or permanent resident of Singapore;“in-principle approval” means the in-principle approval of an application for a work pass issued by the Controller under section7(2A); Act 24 of 2012 wef 09/11/2012“levy” means the levy imposed under se

12、ction11;“occupier”, in relation to any premises, includes (a)the person having the charge, management or control of either the whole or part of the premises either on his own account or as an agent; and(b)any person who is carrying out construction or other works at the premises on behalf of some ot

13、her person;“premises” includes (a)any building or structure, whether permanent or temporary;(b)any land, whether or not built on;(c)any place, whether or not enclosed, including any place situated underground or underwater;(d)any vehicle, vessel or aircraft; and(e)any part of any premises;“prescribe

14、d infringement” means (a)any contravention of section9(1), 25(1), (2), (3) or (4) or 25A(2);(b)any contravention of any provision in the regulations made under this Act that is prescribed as a prescribed infringement; or(c)the abetment, within the meaning of section25F, of any contravention referred

15、 to in paragraph(a) or (b);Act 24 of 2012 wef 09/11/2012“regulatory condition” means a condition of an in-principle approval or a work pass that (a)is prescribed by the Minister as a regulatory condition; or(b)is imposed by the Controller under section 7 as a regulatory condition;Act 24 of 2012 wef

16、09/11/2012“self-employed foreigner” means any foreigner who, not being employed under a contract of service, seeks to engage in or engages in (a)any trade, vocation or profession, whether for the purpose of gain or otherwise; or(b)any other activity in Singapore for the purpose of gain;Act 24 of 201

17、2 wef 09/11/2012“train”, in relation to a foreign employee, means to teach, instruct or educate the foreign employee in relation to the work in which the foreign employee is employed or to be employed;“valid work pass” means a work pass that is valid in accordance with section12; Act 24 of 2012 wef

18、09/11/2012“work pass” means a work pass belonging to any prescribed category of work passes which is issued by the Controller under section7. 37/95; 26/2001; 30/2007Meaning of “personal identifier”2A. (1)In this Act, “personal identifier” means any of the identifiers specified in theSchedule (includ

19、ing any in digital form).(2)The Minister may, by order published in the Gazette, amend theSchedule, except that any other personal identifier so prescribed in the order must (a)be an image of, or a measurement or recording of, an external part of the human body; and(b)not be an identifier the obtain

20、ing of which would involve the taking of an intimate sample within the meaning of section13A of the Registration of Criminals Act (Cap. 268). 30/2007Appointment of Controller of Work Passes and employment inspectors, etc. 3. (1)The Minister may appoint a Controller of Work Passes who shall have such

21、 functions and powers as are conferred on him by this Act and such number of Deputy Controllers of Work Passes and Assistant Controllers of Work Passes as the Minister may think necessary to assist the Controller in the proper discharge of his functions. 39/98; 30/2007(1A)The Deputy Controllers of W

22、ork Passes and the Assistant Controllers of Work Passes shall have and may exercise and perform all the powers, duties and functions of the Controller conferred by this Act (except the power of delegation conferred by subsection(3), subject to such limitations as the Controller may think fit to impo

23、se. 39/98; 30/2007Act 24 of 2012 wef 09/11/2012(2)The Minister may appoint such number of employment inspectors as he may think fit for carrying out the purposes of this Act.(3)The Controller may delegate the exercise of all or any of the functions or powers conferred on him by this Act (except the

24、power of delegation conferred by this subsection) to one or more authorised officers, subject to such conditions or limitations as set out in this Act or as the Controller may specify in writing; and any reference in this Act to the Controller shall include a reference to such an authorised officer.

25、 Act 24 of 2012 wef 09/11/2012(4)For the purposes of this Act, an authorised officer may be given such title as the Minister may, by notification in the Gazette, specify. Act 24 of 2012 wef 09/11/2012Controller and employment inspectors to be public servants3A.The Controller and every Deputy Control

26、ler of Work Passes, Assistant Controller of Work Passes and employment inspector appointed under section3 shall be deemed to be public servants within the meaning of the Penal Code (Cap. 224). 30/2007Exemption4.The Minister may, by notification in the Gazette, exempt any person or class of persons f

27、rom all or any of the provisions of this Act.Prohibition of employment of foreign employee without work pass5. (1)No person shall employ a foreign employee unless the foreign employee has a valid work pass. 30/2007(2)No foreign employee shall be in the employment of an employer without a valid work

28、pass. 30/2007(3)No person shall employ a foreign employee otherwise than in accordance with the conditions of the foreign employees work pass. 30/2007(4)In any proceedings for an offence under subsection(1), it shall not be a defence for a defendant to prove that he did not know that the employee wa

29、s a foreigner unless the defendant further proves that he had exercised due diligence to ascertain the nationality of the employee. 37/95; 30/2007(5)For the purpose of subsection(4), a defendant shall not be deemed to have exercised due diligence unless he had checked the passport, document of ident

30、ity or other travel document of the employee. 37/95; 30/2007(6)Any person who contravenes subsection(1) shall be guilty of an offence and shall (a)be liable on conviction to a fine of not less than $5,000 and not more than $30,000 or to imprisonment for a term not exceeding 12 months or to both; and

31、(b)on a second or subsequent conviction (i)in the case of an individual, be punished with a fine of not less than $10,000 and not more than $30,000 and with imprisonment for a term of not less than one month and not more than 12months; or(ii)in any other case, be punished with a fine of not less than $20,000 and not more than $60,000.Act 24 of 2012 wef 09/11/2012(6A)Deleted by Act 24 of 2012 wef 09/11/2012(7)Any person who contravenes subsection(2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imp