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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 30/09/2016, you requested the version in force on 30/09/2016 incorporating all amendments published on or before 30/09/2016. The closest version currently available is that of 01/04/2016.
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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]
History for Provision '5 Prohibition of employment of foreign employee without work pass'.
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pr5-.
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