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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 18/01/2017, you requested the version in force on 18/01/2017 incorporating all amendments published on or before 18/01/2017. The closest version currently available is that of 01/04/2016.
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Employment 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.
[30/2007]
[1st January 1991]
PART I
PRELIMINARY
[Act 24 of 2012 wef 09/11/2012]
Short title
1.  This Act may be cited as the Employment of Foreign Manpower Act.
[30/2007]
Interpretation
2.  In this Act, unless the context otherwise requires —
“Appeal Board” means the Appeal Board established by the Minister under section 25H;
[Act 24 of 2012 wef 09/11/2012]
“authorised officer”, in relation to any provision in this Act, means any public officer authorised in that 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, extension, 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, cableway, 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 integral 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 construction works;
“Controller” means the Controller of Work Passes appointed under section 3;
“debarred”, in relation to a person, means a person who is debarred under section 7(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 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 person 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 Controller and any person appointed as an employment inspector under section 3;
“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 Gazette, 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 section 7(2A);
[Act 24 of 2012 wef 09/11/2012]
“levy” means the levy imposed under section 11;
“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 other 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;
“prescribed infringement” means —
(a)
any contravention of section 9(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 section 25F, of any contravention referred 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 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 2012 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 section 12;
[Act 24 of 2012 wef 09/11/2012]
“work pass” means a work pass belonging to any prescribed category of work passes which is issued by the Controller under section 7.
[37/95; 26/2001; 30/2007]
Meaning of “personal identifier”
2A.
—(1)  In this Act, “personal identifier” means any of the identifiers specified in the Schedule (including any in digital form).
(2)  The Minister may, by order published in the Gazette, amend the Schedule, 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 obtaining of which would involve the taking of an intimate sample within the meaning of section 13A of the Registration of Criminals Act (Cap. 268).
[30/2007]
Appointment of Controller of Work Passes and employment inspectors, etc.
3.
—(1)  The Minister may appoint a Controller of Work Passes who shall have such 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]
[Act 24 of 2012 wef 09/11/2012]
(1A)  The Deputy Controllers of Work 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 impose.
[39/98; 30/2007]
[Act 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 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.
[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 09/11/2012]
Controller and employment inspectors to be public servants
3A.  The Controller and every Deputy Controller of Work Passes, Assistant Controller of Work Passes and employment inspector appointed under section 3 shall be deemed to be public servants within the meaning of the Penal Code (Cap. 224).
[30/2007]
Exemption
4.  The Minister may, by notification in the Gazette, exempt any person or class of persons from all or any of the provisions of this Act.
PART II
WORK PASSES
[Act 24 of 2012 wef 09/11/2012]
Prohibition of employment of foreign employee without work pass
5.
—(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 pass.
[30/2007]
(3)  No person shall employ a foreign employee otherwise than in accordance with the conditions of the foreign employee’s 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 was 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 identity 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
(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 12 months; 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 imprisonment for a term not exceeding 2 years or to both.
[Act 24 of 2012 wef 09/11/2012]
(7A)  Any person who contravenes subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
[30/2007]
[Act 24 of 2012 wef 09/11/2012]
(8)  For the purposes of this section —
(a)
[Deleted by Act 24 of 2012 wef 09/11/2012]
(b)
for the avoidance of doubt, where a person has been convicted of an offence under subsection (6), and he has on a previous occasion been convicted for contravening section 5(1) of the Employment of Foreign Workers Act (Cap. 91A, 1997 Ed.) in force immediately before 1st July 2007, the first-mentioned conviction shall be considered a second or subsequent conviction under subsection (6); and
(c)
all convictions against the same person for the contravention of subsection (1) at one and the same trial shall be deemed to be one conviction.
[30/2007]
Presumption of employment
6.  Where a foreigner is found at any premises, the occupier of the premises shall be presumed, until the contrary is proved, to have employed the foreigner.
[37/95]
Prohibition of foreigner without work pass entering or remaining at work place
6A.
—(1)  No occupier of a work place who has control of access to the work place shall permit any foreigner without a valid work pass to enter or remain at the work place.
[37/95; 30/2007]
(2)  Where a foreigner without a valid work pass is found at any work place, it shall be presumed, until the contrary is proved, that the occupier of the work place —
(a)
had control of access to the work place;
(b)
had permitted the foreigner to enter or remain at the work place; and
(c)
had knowledge that the foreigner did not possess a valid work pass.
[37/95; 30/2007]
(3)  The presumptions provided for in subsection (2) shall not be rebutted by proof that a defendant did not know that the person was a foreigner unless the defendant further proves that he had exercised due diligence —
(a)
to prevent the foreigner from entering or remaining at the work place;
(b)
to ascertain that the person was a citizen or permanent resident of Singapore by checking his passport, document of identity or other travel documents; or
(c)
to ascertain that the foreigner had at the material time in his possession a valid work pass by checking his original work pass.
[37/95; 30/2007]
(4)  For the purposes of subsection (3)(a), a defendant shall not be deemed to have exercised due diligence unless he had taken all reasonable measures to prevent any foreigner without a valid work pass from entering or remaining at the work place, including all the measures prescribed under subsection (5) in respect of the work place.
[37/95; 30/2007]
(5)  For the purposes of subsection (4), the Minister may, by notification in the Gazette, prescribe the measures that are required to be taken by the occupier of the work place.
[37/95]
(6)  Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable —
(a)
on conviction to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 12 months or to both; and
(b)
on a second or subsequent conviction, to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 2 years or to both.
[30/2007]
(7)  In this section —
“occupier”, in relation to a work place, means the principal contractor who undertakes any construction works at the work place and includes such other person as the Minister may, by notification in the Gazette, specify to be the occupier of the work place;
“principal contractor” means a person who has entered into a contract with an owner, a developer or a lessee of a property or his agent for the purpose of carrying out any construction works, or such other works or activities as the Minister may, by notification in the Gazette, specify;
“work place” means any place or premises where works are being carried out and includes any premises within the vicinity of the work place to which the occupier has control of access.
[37/95; 30/2007]
(7A)  For the avoidance of doubt, where a person has been convicted of an offence under subsection (6), and he has on a previous occasion been convicted for contravening section 6A(1) of the Employment of Foreign Workers Act (Cap. 91A, 1997 Ed.) in force immediately before 1st July 2007, the first-mentioned conviction shall be considered a second or subsequent conviction under subsection (6).
[30/2007]
(7B)  All convictions against the same person for the contravention of subsection (1) at one and the same trial shall be deemed to be one conviction.
[30/2007]
(8)  Nothing in this section shall prevent any person from being prosecuted under any other provision of this Act for any act or omission which constitutes an offence under that other provision, but no person shall be punished twice for the same offence.
[37/95]
Application for work pass
7.
—(1)  Every application for a work pass shall —
(a)
where the work pass belongs to any category of work passes prescribed by the Minister, be made by a person prescribed for that category of work passes;
(b)
be in such form as the Controller may determine;
(c)
be accompanied by the prescribed fee, if any; and
(d)
be accompanied by such information, statements and documents as the Controller may require.
[30/2007]
(2)  On receipt of an application under subsection (1), the Controller may —
(a)
issue a work pass, with or without conditions —
(i)
if the prescribed fee has been paid; and
(ii)
if the Controller is satisfied that the foreign employee or self-employed foreigner to whom the work pass is to be issued is not a prohibited immigrant under section 8 of the Immigration Act (Cap. 133); or
(b)
refuse to issue any work pass.
[30/2007]
(2A)  The Controller may, before issuing a work pass under subsection (2), issue an in-principle approval of the application for the work pass subject to such conditions as the Controller may think fit to impose.
[Act 24 of 2012 wef 09/11/2012]
(3)  A work pass may, on payment of the prescribed renewal fee, be renewed by the Controller for such period as the Controller may determine, starting from the day immediately following the day on which the work pass would have expired but for that renewal.
[30/2007]
(4)  The Controller may at any time —
(a)
vary or revoke any of the existing conditions of a work pass or impose new conditions;
(b)
cancel any in-principle approval, or vary, suspend or revoke a work pass;
[Act 24 of 2012 wef 09/11/2012]
(c)
reinstate a work pass which has been suspended or revoked, if the prescribed fee has been paid; or
(d)
debar any person from applying for or being issued with a work pass for such fixed period of time as may be determined by the Controller.
[30/2007]
(4A)  For the purposes of this section, the Controller may, in relation to a foreign employee —
(a)
impose conditions that the employer of the foreign employee shall comply with —
(i)
relating to the employment of the foreign employee; or
(ii)
relating to the foreign employee, after the in-principle approval or the work pass relating to that foreign employee is cancelled or revoked or expires; and
(b)
impose conditions that the foreign employee shall comply with relating to his employment as a foreign employee.
[Act 24 of 2012 wef 09/11/2012]
(4B)  In the exercise of any power under subsection (4)(a) or (4A), the Controller shall not —
(a)
vary or revoke any existing condition of a work pass to become inconsistent with any condition prescribed by the Minister by regulations under section 29(2)(c); or
(b)
impose any new condition for a work pass that is inconsistent with any condition prescribed by the Minister by regulations under section 29(2)(c),
and any condition varied, revoked or imposed by the Controller which is so inconsistent shall, to the extent of the inconsistency, be void.
[Act 24 of 2012 wef 09/11/2012]
(4C)  In determining whether a person should be debarred under subsection (4)(d) from applying for or being issued with a work pass, the Controller may have regard to such considerations as he deems appropriate, including but not limited to —
(a)
whether the person has acted, or is acting, in concert with or on the direction of a debarred person for or in connection with the employment of any foreign employee; or
(b)
whether the person, as an associate of a debarred person, is engaged in a trade or business which is substantially similar to any trade or business of the debarred person.
[Act 24 of 2012 wef 09/11/2012]
(4D)  For the purposes of subsection (4C)(b) —
(a)
a person is an associate of an individual —
(i)
if that person is the individual’s spouse, or if that person is a relative, or the spouse of a relative of the individual or his spouse;
(ii)
if that person is in partnership with the individual, or the individual is the spouse or a relative of any other person with whom the first-mentioned person is in partnership;
(iii)
if that person employs the individual or the individual employs that person, and for this purpose, any director or other officer of a person that is a company shall be treated as employed by that company;
(b)
a person in his capacity as trustee of a trust is an associate of an individual if the beneficiaries of the trust include, or the terms of the trust confer a power that may be exercised for the benefit of, that individual or an associate of that individual;
(c)
a company is an associate of an individual if that individual has control of it or if that individual and persons who are his associates together have control of it;
(d)
for the purposes of paragraph (a), a person is a relative of an individual if he is that individual’s brother, sister, uncle, aunt, nephew, niece, lineal ancestor or lineal descendant;
(e)
any reference in this subsection to a spouse shall include a former spouse;
(f)
for the purposes of paragraph (c), an individual shall be taken to have control of a company if —
(i)
the directors of the company or of another company which has control of it (or any of them) are accustomed to act in accordance with his directions or instructions; or
(ii)
he is entitled to exercise, or control the exercise of, one-third or more of the voting power at any general meeting of the company or of another company which has control of it,
and where 2 or more persons together satisfy sub-paragraph (i) or (ii), they shall be taken to have control of the company; and
(g)
in this subsection, “company” includes any body corporate (whether incorporated in Singapore or elsewhere), and references to directors and other officers of a company and to voting power at any general meeting of a company shall have effect with any necessary modifications.
[Act 24 of 2012 wef 09/11/2012]
(5)  Any person who is aggrieved by a decision of the Controller under subsection (2), (3) or (4) may appeal to the Minister, whose decision shall be final.
[30/2007]
(6)  There shall be no judicial review in any court of any decision or act of the Minister or the Controller under this section, except in regard to any question relating to compliance with any procedural requirement of this Act governing such decision.
[30/2007]
(7)  In subsection (6), “judicial review” includes proceedings instituted by way of —
(a)
an application for a Mandatory Order, a Prohibiting Order or a Quashing Order;
(b)
an application for a declaration or an injunction;
(c)
an Order for Review of Detention; and
(d)
any other suit or action relating to or arising out of any decision made or act done in pursuance of any power conferred upon the Minister or the Controller by this section.
[30/2007]
Register of foreign employees to be kept by employer
8.
—(1)  An employer shall keep a register of foreign employees to whom work passes have been issued under section 7.
[30/2007]
[Act 27 of 2015 wef 01/04/2016]
(2)  The register shall be in such form and shall contain such particulars as the Controller may determine.
(3)  The register shall, at all reasonable times, be open to inspection by an employment inspector.
Termination of employment of foreign employees
9.
—(1)  Where the Controller has decided to suspend or revoke the work pass of a foreign employee under section 7(4), the Controller shall notify the employer of the foreign employee of his decision and the employer of the foreign employee shall, within 7 days of receiving the notification, terminate the employment of the foreign employee.
[30/2007]
(2)  Every employer of a foreign employee who intends to have the work pass of the foreign employee cancelled shall —
(a)
apply to the Controller to cancel the work pass; and
(b)
if so required, return the work pass to the Controller within 7 days of such cancellation.
[30/2007]
(3)  Where any employer contravenes subsection (1), the Controller may impose on him a financial penalty of such amount, not exceeding $10,000, as the Controller may determine.
[Act 24 of 2012 wef 09/11/2012]
(3A)  Any employer who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
[Act 24 of 2012 wef 09/11/2012]
(4)  The termination of the employment of a foreign employee under subsection (1) shall not be —
(a)
capable of negotiation with a trade union representing the foreign employee;
(b)
a matter in respect of which any form of industrial action may be taken by any such trade union;
(c)
the subject-matter of a trade dispute or of conciliation proceedings or any method of redress whether or not under any written law; and
(d)
any industrial matter within the meaning of the Industrial Relations Act (Cap. 136).
[30/2007]
(5)  Where in respect of the employment of any person there has been any contravention of subsection (1), that person shall not, by reason only of such contravention, be deemed to be employed under an illegal contract of employment.
Self-employed foreigners to apply for work passes
10.
—(1)  No foreigner shall be a self-employed foreigner unless he has a valid work pass.
[Act 24 of 2012 wef 09/11/2012]
(2)  Any person who contravenes subsection (1) shall be guilty of an offence and shall —
(a)
be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both; and
(b)
on a second or subsequent conviction, be punished with imprisonment for a term of not less than one month and not more than 2 years and also be liable to a fine not exceeding $20,000.
[Act 24 of 2012 wef 09/11/2012]
(3)  [Deleted by Act 24 of 2012 wef 09/11/2012]
(4)  For the purposes of this section —
(a)
[Deleted by Act 24 of 2012 wef 09/11/2012]
(b)
for the avoidance of doubt, where a person has been convicted of an offence under subsection (2), and he has on a previous occasion been convicted for contravening section 10(1) of the Employment of Foreign Workers Act (Cap. 91A, 1997 Ed.) in force immediately before 1st July 2007 or section 10(1) of this Act in force immediately before the date of commencement of section 7(a) of the Employment of Foreign Manpower (Amendment) Act 2012, the first-mentioned conviction shall be considered a second or subsequent conviction under subsection (2); and
[Act 24 of 2012 wef 09/11/2012]
(c)
all convictions against the same person for the contravention of subsection (1) at one and the same trial shall be deemed to be one conviction.
[30/2007]
Levy in respect of foreign employee or self-employed foreigner
11.
—(1)  The Minister may, by order published in the Gazette, provide for the imposition of a levy of such amount as may be specified in the order on employers in respect of any foreign employee or class of foreign employees, or on self-employed foreigners or any class thereof, who have been issued with a work pass.
[30/2007]
[Act 24 of 2012 wef 09/11/2012]
(2)  The levy shall continue to be payable unless the work pass —
(a)
has expired;
(b)
has been suspended or revoked by the Controller; or
(c)
has been cancelled by the Controller on application by the employer.
[30/2007]
(3)  Any order made under subsection (1) may provide for the recovery of the levy in such manner and through such channels as may be specified in the order.
(4)  Where the amount of the levy payable by any employer or self-employed foreigner in respect of any month is not paid within such period as may be specified in the order, the employer or self-employed foreigner shall be liable to pay a penalty on the amount for every day the amount remains unpaid commencing from the first day of the month succeeding the month in respect of which the amount is payable.
[30/2007]
(5)  The penalty under subsection (4) shall be of an amount determined in accordance with such rate or formula as the Minister may specify by order published in the Gazette, but the total penalty shall not exceed 30% of the amount of levy outstanding.
[Act 24 of 2012 wef 09/11/2012]
(6)  The Controller may, in any case in which he thinks fit, waive, remit or refund in whole or in part —
(a)
any levy imposed under subsection (1); or
(b)
any penalty due under subsection (4).
[Act 24 of 2012 wef 09/11/2012]
(7)  Any levy and penalty due from and payable by any employer or self-employed foreigner shall be recoverable by the Controller, or any person duly authorised by the Controller to act on his behalf, as a debt due to the Government.
[30/2007]
(8)  For the purposes of reimbursing any person authorised by the Controller to act on his behalf for the expenses incurred by him in the collection and recovery of the levy, the Minister may authorise the person to be paid such amount as the Minister may determine.
(9)  In any proceedings for the recovery of any levy and penalty due thereon which any employer or self-employed foreigner is liable to pay, a certificate purporting to be under the hand of the Controller certifying the amount of the levy and penalty due thereon payable by the employer or self-employed foreigner shall be prima facie evidence of the facts stated therein.
[30/2007]
Extent of validity of work pass
12.
—(1)  A work pass for a foreign employee shall be valid only in respect of the employer and the foreign employee specified therein, and —
(a)
the trade, sector, occupation or type of employment —
(i)
that is specified in the work pass; or
(ii)
in any other case, that was submitted to the Controller in, or in connection with, the application for the work pass; and
(b)
any trade, sector, occupation or type of employment not specified in the work pass, for which he has the approval of the Controller to engage in.
[Act 24 of 2012 wef 09/11/2012]
(2)  A work pass for a self-employed foreigner shall be valid only in respect of the self-employed foreigner specified therein, and —
(a)
the trade, sector, vocation, profession or activity —
(i)
that is specified in the work pass; or
(ii)
in any other case, that was submitted to the Controller in, or in connection with, the application for the work pass; and
(b)
any trade, sector, vocation, profession or activity not specified in the work pass, for which he has the approval of the Controller to engage in.
[Act 24 of 2012 wef 09/11/2012]
(3)  A work pass shall be valid for the period specified in the work pass unless it is earlier suspended or revoked by the Controller, or earlier cancelled by the Controller on the application by the employer or self-employed foreigner, as the case may be.
[30/2007]
Custody of work pass, etc.
13.
—(1)  A work pass holder shall not allow any other person to have possession of his work pass.
[30/2007]
(2)  If required by the Controller, a foreign employee shall hand over the work pass to his employer on the last day of his employment with that employer.
[30/2007]
(3)  An employer who is handed a work pass under subsection (2) shall return the work pass to the Controller within 7 days of the date he receives the work pass.
[30/2007]
(4)  Upon demand by an authorised officer or employment inspector, a work pass holder shall produce his work pass for inspection.
[30/2007]
[Act 24 of 2012 wef 09/11/2012]
Loss, etc., of work pass
14.
—(1)  When a work pass has been lost, destroyed or defaced, the foreign employee or the employer or the self-employed foreigner, as the case may be, shall report to the Controller within 7 days of such loss, destruction or defacement, and the Controller may issue a duplicate work pass on payment of the prescribed fee.
[39/98; 30/2007]
(2)  Where the foreign employee or the employer or the self-employed foreigner recovers possession of the work pass after notifying the loss of the work pass, the foreign employee or the employer or the self-employed foreigner, as the case may be —
(a)
may retain the work pass if no duplicate work pass has been issued by the Controller under subsection (1); or
(b)
shall immediately return the work pass so recovered to the Controller for revocation if a duplicate work pass has been issued by the Controller under subsection (1).
[30/2007]
(3)  A person who finds or comes into possession of a work pass other than his own shall immediately deliver it to the Controller.
[30/2007]
Burden of proof, etc.
15.
—(1)  For the purposes of section 7, and any proceedings in respect of any prescribed infringement or any offence under this Act —
(a)
a person who makes an application for a work pass shall be presumed, until the contrary is proved, to have knowledge of the information provided in the application; and
(b)
subject to subsection (2), the burden of proving the truth of the contents of an application for a work pass shall be on the person who makes the application.
(2)  Where any application for a work pass is made by more than one person, then for the purposes specified in subsection (1), each applicant shall bear the burden of proving the truth of the contents of the application that relate to him.
[Act 24 of 2012 wef 09/11/2012]
PART III
ADMINISTRATION OF ACT
[Act 24 of 2012 wef 09/11/2012]
Powers of authorised officers and employment inspectors
16.
—(1)  An authorised officer or employment inspector shall, for the purposes of this Act, have power to do all or any of the following things:
(a)
to enter and inspect, at any reasonable time —
(i)
any premises or part thereof when he has reasonable cause to believe that any foreign employee or self-employed foreigner is employed or engaged therein or accommodated thereat; or
(ii)
where an application for a work pass has been made, the business premises of the employer who made the application;
[Act 24 of 2012 wef 09/11/2012]
(aa)
to enter and search, by day or by night, any premises or part thereof when he has reasonable cause to believe that evidence of a prescribed infringement or the commission of an offence under this Act, as the case may be, can be found therein;
[Act 24 of 2012 wef 09/11/2012]
(b)
to require any person who the authorised officer or employment inspector has reason to believe has any document, including documents of identity and travel documents, or information relevant to the carrying out of the provisions of this Act, to produce any such document or give such information;
[Act 24 of 2012 wef 09/11/2012]
(c)
to retain any document relevant to the carrying out of the provisions of this Act;
(d)
to examine orally any person supposed to be acquainted with the facts and circumstances relevant to the carrying out of the provisions of this Act, and to reduce into writing the answer given or statement made by that person who shall be bound to state truly the facts and circumstances with which he is acquainted; and the statement made by that person shall be read over to him and shall, after correction, be signed by him;
(e)
to require by order in writing the attendance before him of any person who, from information given or otherwise, appears to be acquainted with the facts and circumstances relevant to the carrying out of the provisions of this Act, and that person shall so attend as required and if he fails to attend as so required, to report such failure to a Magistrate who may thereupon issue a warrant to secure the attendance of that person as required by the order;
(f)
to take such photographs, or audio or video recording, as he thinks necessary of the premises and persons reasonably believed to be acquainted with the facts and circumstances relevant to the carrying out of the provisions of this Act;
[Act 24 of 2012 wef 09/11/2012]
(g)
to require any person to produce any article which is relevant to any investigation into a prescribed infringement or an offence under this Act, as the case may be, and, if necessary, to take into custody any such article;
[37/95; 30/2007]
[Act 24 of 2012 wef 09/11/2012]
(h)