On 26/05/2013,
you requested for the version in force on 26/05/2013
incorporating all amendments published on or before 26/05/2013.
The closest version currently available is that of 20/12/1997.
5.
—(1) No person shall employ a foreign worker unless he has obtained in respect of the foreign worker a valid work permit which allows the foreign worker to work for him.
(2) No foreign worker shall be in the employment of an employer without a valid work permit.
(3) No person shall employ a foreign worker otherwise than in accordance with the conditions of the work permit.
(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 worker was a foreigner unless the defendant further proves that he had exercised due diligence to ascertain the nationality of the worker .
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(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 worker.
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(6) Any person who fails to comply with or contravenes subsection (1) shall be guilty of an offence and shall —
(a)
be liable on conviction to a fine of an amount of not less than 24 months’ levy and not more than 48 months’ levy or to imprisonment for a term not exceeding 12 months or to both; and
(b)
on a second or subsequent conviction, be punished —
(i)
in the case of an individual, with imprisonment for a term of not less than one month and not more than 12 months and shall also be liable to a fine of an amount of not less than 24 months’ levy and not more than 48 months’ levy; and
(ii)
in the case of a body corporate, with a fine of an amount of not less than 48 months’ levy and not more than 96 months’ levy.
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(7) Any person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
(8) For the purpose of this section —
(a)
“employ” means to engage or use the service of any person, whether under a contract of service or otherwise, with or without salary;
(b)
“levy” means the monthly rate of levy applicable to the foreign worker at the date when he was first employed by the defendant without a valid work permit, and a certificate issued by the Controller and tendered in court shall be prima facie evidence of such rate;
(c)
a conviction of an employer for an offence under section 8(1) of the repealed Regulation of Employment Act (Cap. 272) shall not be considered a previous conviction; and
(d)
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.
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