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Levy in respect of employment of certain classes of foreign workers or other persons
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 worker or class of foreign workers or on persons who have, pursuant to section 10(1), obtained a work permit to engage in any trade, calling, occupation or other activity for the purposes of gain.
(2)  The levy shall continue to be payable unless the work permit has been suspended or cancelled.
(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 person in respect of any month is not paid within such period as may be specified in the order, the employer or person 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.
(5)  The penalty under subsection (4) shall be calculated at the rate of 2% per month or the sum of $5 whichever is the greater, but, subject to that, the total penalty shall not exceed 30% of the amount of levy outstanding.
(6)  The Controller may, in any case in which he thinks fit, remit or refund in whole or in part any penalty due under subsection (4).
(7)  Any levy and penalty due from and payable by any employer or person 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.
(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 person 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 person shall be prima facie evidence of the facts stated therein.
History for Provision '11 Levy in respect of employment of certain classes of foreign workers or other persons'.
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pr11-.
01/03/1991
Formal Consolidation
01 March 1991
1991 RevEd
 

20/12/1997
Formal Consolidation
20 December 1997
1997 RevEd
 
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01/07/2007
Informal Consolidation
11 June 2007
Amended
Act 30 of 2007

31/07/2009
Formal Consolidation
31 July 2009
2009 RevEd
 
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09/11/2012
Informal Consolidation
09 November 2012
Amended
Act 24 of 2012