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Contents  

Long Title

Part I PRELIMINARY

Part II WORK PASSES

Part III ADMINISTRATION OF ACT

Part IV OFFENCES

Part V PRESCRIBED INFRINGEMENTS

Part VI MISCELLANEOUS

THE SCHEDULE Personal Identifiers

Legislative History

 
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On 22/10/2017, you requested the version in force on 22/10/2017 incorporating all amendments published on or before 22/10/2017. The closest version currently available is that of 01/04/2016.
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PART IV
OFFENCES
[Act 24 of 2012 wef 09/11/2012]
Offences by bodies corporate, etc.
20.
—(1)  Where an offence under this Act committed by a body corporate is proved —
(a)
to have been committed with the consent or connivance of an officer of the body corporate; or
(b)
to be attributable to any neglect on his part,
the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(2)  Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(3)  Where an offence under this Act committed by a partnership is proved —
(a)
to have been committed with the consent or connivance of a partner; or
(b)
to be attributable to any neglect on his part,
the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(4)  Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved —
(a)
to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or
(b)
to be attributable to any neglect on the part of such an officer or member,
the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(5)  For the purposes of this section, where an offence under this Act has been committed by a body corporate, an unincorporated association (other than a partnership) or a partnership, it shall be presumed, until the contrary is proved, that the offence is attributable to the neglect of an officer or a member of the body corporate or unincorporated association or a partner of the partnership, as the case may be, who —
(a)
is primarily responsible for the act or omission which constitutes the offence; and
(b)
has failed to exercise reasonable supervision or oversight as such officer, member or partner.
(6)  In this section —
“officer”  —
(a)
in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or
(b)
in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in any such capacity;
“partner” includes a person purporting to act as a partner.
(7)  The Minister may make regulations to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.
[Act 24 of 2012 wef 09/11/2012]
Power to arrest without warrant
21.
—(1)  Any police officer or employment inspector may arrest without warrant any person whom he reasonably suspects —
(a)
is committing or has committed an offence under section 5(6), (7) or (7A), 10(2), 22(1)(a), (c), (d), (e) or (f), (2), (3) or (4), 22A(2) or 22B(1); or
(b)
has abetted the commission of any offence referred to in paragraph (a).
[Act 24 of 2012 wef 09/11/2012]
(1A)  For the purposes of this section, an officer or a member of a body corporate or an unincorporated association or a partner of a partnership who is liable for an offence referred to in subsection (1)(a) by virtue of section 20 shall be treated as having committed that offence.
[Act 24 of 2012 wef 09/11/2012]
(2)  An employment inspector making an arrest without warrant shall, without unnecessary delay and subject to subsection (4), take or send the person arrested before a Magistrate’s Court.
[30/2007]
(3)  No employment inspector shall detain in custody a person arrested without warrant for longer than is reasonable in the circumstances, and such period shall not exceed 48 hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court.
[30/2007]
(4)  Any person who has been arrested by an employment inspector may be released on bail, or on his own bond, by an employment inspector.
[30/2007]
Arrest how made
21A.
—(1)  In making an arrest, an employment inspector making the arrest shall touch or confine the body of the person to be arrested unless the person submits to arrest by word or action.
[30/2007]
(2)  If the person forcibly resists or tries to evade arrest, the employment inspector may use all means necessary to effect the arrest.
[30/2007]
No unnecessary restraint
21B.
—(1)  The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.
[30/2007]
(2)  An employment inspector may use handcuffs or any similar means of restraint on a person arrested to prevent him from —
(a)
inflicting any bodily injury to himself or others;
(b)
damaging any property;
(c)
creating any disturbance; or
(d)
escaping from custody.
[30/2007]
(3)  The handcuffs or means of restraint shall not be used for the purpose of punishment.
[30/2007]
Search of persons arrested
21C.
—(1)  When a person is arrested, the employment inspector making the arrest may search the person and take possession of all articles (other than necessary wearing apparel) found upon the person that the employment inspector has reason to believe were connected with the offence for which the person was being arrested.
[30/2007]
(2)  Whenever it is necessary to cause a person to be searched, the search shall be made by an employment inspector of the same sex as the person, with strict regard to decency.
[30/2007]
Employment inspector to be armed
21D.  Every employment inspector shall be provided with such batons and accoutrements as may be necessary for the effective discharge of his duties.
[30/2007]
Power to seize offensive weapons
21E.  An employment inspector making any arrest may take from the person arrested any offensive weapons which he has about his person.
[30/2007]
Power on escape to pursue and arrest
21F.  If a person in lawful custody escapes or is rescued, the employment inspector from whose custody he escaped or was rescued may immediately pursue and arrest him in any place within Singapore and deal with that person as he might have done on the original arrest.
[30/2007]
Disposal of documents or articles
21G.
—(1)  Any document or article produced, retained or requisitioned under section 16(1)(b), (c) or (g) or 21E shall —
(a)
where the document or article is produced in any criminal trial, be dealt with in accordance with section 364(1) of the Criminal Procedure Code 2010; or
[15/2010 wef 02/01/2011]
(b)
in any other case —
(i)
be returned to the owner; or
(ii)
if the owner is not known, be reported to a Magistrate’s Court.
[30/2007]
(2)  Where the report of any document or article produced, retained or requisitioned under section 16(1)(b), (c) or (g) or 21E is made to a Magistrate’s Court under subsection (1)(b)(ii), the Magistrate’s Court may order the document or article —
(a)
to be forfeited; or
(b)
to be disposed of in such manner as the Magistrate’s Court thinks fit.
[30/2007]
(3)  Nothing in this section shall be taken to prejudice any right to retain or dispose of property which may exist in law apart from this section.
[30/2007]
General offences
22.
—(1)  Any person who —
(a)
being an employer, a foreign employee or a self-employed foreigner to whom a work pass applies or had applied, contravenes any condition (other than a regulatory condition) of the work pass or in-principle approval of the application for the work pass;
(b)
contravenes section 13(4);
(c)
wilfully obstructs an authorised officer or employment inspector in the exercise of his powers under section 16, 21, 21A, 21B, 21C, 21E or 21F (as applicable);
(d)
in connection with any application for or to renew a work pass or for any other purpose under this Act, makes any statement or furnishes any information to the Controller or an authorised officer or employment inspector which he knows, or ought reasonably to know, is false in any material particular or is misleading by reason of the omission of any material particular;
(e)
sells, forges, unlawfully alters or, without lawful authority, transfers or allows another person to use any in-principle approval or work pass;
(f)
uses or, without lawful authority, has in his possession any in-principle approval or work pass that is forged or unlawfully altered, or which is issued to another person; or
(g)
contravenes section 13(1), (2) or (3), 14 or 17(1) or (3),
shall be guilty of an offence and shall be liable on conviction —
(i)
in the case of an offence under paragraph (a), (b) or (c), to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both;
(ii)
in the case of an offence under paragraph (d), (e) or (f), to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both; and
(iii)
in the case of an offence under paragraph (g), to a fine not exceeding $10,000.
(2)  Any employer, foreign employee, self-employed foreigner, or any agent involved in the employment of the foreign employee or the engagement of the self-employed foreigner, who —
(a)
knows, or has reason to believe, that an offence has been committed under subsection (1)(d); and
(b)
intentionally omits to furnish any information to the Controller in respect of that offence,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
(3)  Any foreign employee or self-employed foreigner who makes any statement or submits any document to the Controller under this Act relating to his qualifications which he knows or ought reasonably to know is false in any material particular, or is misleading by reason of the omission of any material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.
(4)  Any employer of a foreign employee or any agent involved in the employment of the foreign employee, or any agent involved in the engagement of a self-employed foreigner, who —
(a)
knows, or has reason to believe, that an offence has been committed by the foreign employee or self-employed foreigner, as the case may be, under subsection (3); and
(b)
intentionally omits to furnish any information to the Controller in respect of that offence,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
[Act 24 of 2012 wef 09/11/2012]
Restrictions on receipt, etc., of moneys in connection with employment of foreign employee
22A.
—(1)  No person shall deduct from any salary payable to a foreign employee, or demand or receive, directly or indirectly and whether in Singapore or elsewhere, from a foreign employee any sum or other benefit —
(a)
as consideration or as a condition for the employment of the foreign employee, whether by that person or any other person;
(b)
as consideration or as a condition for the continued employment of the foreign employee, whether by that person or any other person; or
(c)
as a financial guarantee related, in any way, to the employment of the foreign employee, whether by that person or any other person.
(2)  Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 2 years or to both.
(3)  Any person who deducts from any salary payable to a foreign employee, or demands or receives, directly or indirectly and whether in Singapore or elsewhere, from a foreign employee any sum or other benefit, not being —
(a)
the whole or part of any fee, cost, levy, penalty, charge or amount that the employer of the foreign employee shall bear and be liable to pay under section 25(6);
(b)
the whole or part of any fee or deduction prescribed as recoverable from the foreign employee under section 25(6)(a);
(c)
where sections 26 to 32 of the Employment Act (Cap. 91) apply to the foreign employee, the whole or part of any deduction from the salary of the foreign employee authorised to be made under those sections;
(d)
where sections 26 to 32 of the Employment Act do not apply to the foreign employee, the whole or part of any deduction from the salary of the foreign employee made in accordance with the terms of the employment of the foreign employee; or
(e)
the whole or part of any fee, remuneration, profit or compensation that a licensee under the Employment Agencies Act (Cap. 92) may lawfully charge the foreign employee and receive under that Act,
shall be presumed, until the contrary is proved, to have done so as consideration for the employment of the foreign employee.
[Act 24 of 2012 wef 09/11/2012]
Proscribed manpower-related practices
22B.
—(1)  Any person who —
(a)
obtains a work pass for a foreign employee for a trade or business that does not exist, that is not in operation or that does not require the employment of such a foreign employee; and
(b)
fails to employ the foreign employee,
shall be guilty of an offence and shall on conviction be punished with imprisonment for a term of not less than 6 months and not more than 2 years and shall also be liable to a fine not exceeding $6,000.
(2)  Where any person is —
(a)
charged with more than 5 offences under subsection (1); and
(b)
convicted of at least 6 of those offences at the same trial,
the person shall be punished, subject to sections 325(1) and 330(1) of the Criminal Procedure Code (Cap. 68), with caning in addition to the punishment prescribed for those offences.
(3)  Where, by virtue of sections 325(1) and 330(1) of the Criminal Procedure Code, the person referred to in subsection (2) is not punishable with caning, he shall, in lieu of caning, be punished with a fine not exceeding $10,000.
[Act 24 of 2012 wef 09/11/2012]
Abetment of offences
23.
—(1)  Any person who abets the commission of an offence under this Act shall be guilty of the offence and shall be liable on conviction to be punished with the punishment provided for that offence.
[37/95]
(2)  Where an occupier is charged for abetting another person who has employed a foreign employee in contravention of section 5(1), it shall not be sufficient for the occupier to prove in his defence that he had instructed the other person not to, or obtained from the other person an undertaking that he would not, so employ a foreign employee.
[37/95; 30/2007]
Orders for payment of proceeds of crime
23A.
—(1)  When any person is convicted of an offence under section 22A(2) or 22B(1), the court shall, in addition to imposing on that person any other punishment, order him to pay, within such time as may be specified in the order —
(a)
in the case of an offence under section 22A(2), a sum which is equal to the amount of the sum or other benefit (where such benefit is a sum of money, or the value of such benefit can be assessed) he deducted or received in contravention of that section; or
(b)
in the case of an offence under section 22B(1), a sum which is equal to the amount of the sum or other benefit (where such benefit is a sum of money, or the value of such benefit can be assessed) he obtained or received for obtaining the work pass referred to in that section.
(2)  In determining the sum of money to be recovered under subsection (1), the court shall, if it thinks fit, take into account —
(a)
any relevant evidence admitted in the proceedings against the defendant for the offence concerned; and
(b)
any order for the payment of compensation by the defendant in respect of any injury arising from the offence concerned to the person injured, or his representative, under section 359 of the Criminal Procedure Code (Cap. 68).
(3)  Where a court orders the defendant to pay any sum of money under subsection (1), section 319 of the Criminal Procedure Code shall have effect as if that sum were a fine imposed on him by the court.
(4)  Where —
(a)
a warrant to commit the defendant to prison is issued for a default in payment of a sum of money ordered to be paid under subsection (1) in respect of an offence or offences; and
(b)
at the time the warrant is issued, the defendant is liable to serve any term of imprisonment in respect of the offence or offences,
the term of imprisonment to be served in default of payment of that sum shall not begin to run until after the term mentioned in paragraph (b).
(5)  A Magistrate’s Court or a District Court may, notwithstanding the provisions of any other written law, impose the maximum term of imprisonment on the defendant in default of the payment of any sum of money ordered to be paid under subsection (1).
[Act 24 of 2012 wef 09/11/2012]
Complaint by employment inspector
24.  For the purpose of section 151 of the Criminal Procedure Code 2010, on receiving the complaint in writing and signed by any employment inspector, the Magistrate must proceed to issue a summons or warrant in accordance with section 153 of the Criminal Procedure Code 2010.
[15/2010 wef 02/01/2011]