Regulation of Employment (Amendment) Bill

Bill No. 16/1982

Read the first time on 27th July 1982.

An Act to amend the Regulation of Employment Act (Chapter 127 of the Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows: —

Short title and commencement

1. This Act may be cited as the Regulation of Employment (Amendment) Act, 1982, and shall, with the exception of section 3, be deemed to have come into operation on the 1st day of April 1982.

Amendment of section 2

2. Section 2 of the Regulation of Employment Act (referred to in this Act as the principal Act) is amended by inserting, immediately after the definition of “employment officer”, the following definition: —

“ “levy” means the levy imposed under section 8B;”.

Amendment of section 8

3. Section 8 of the principal Act is amended by inserting, immediately after subsection (3), the following subsection: —

“(4) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.”.

New section 8B

4. The principal Act is amended by inserting, immediately after section 8A, the following section: —

“Levy in respect of the employment of certain classes of employees and contract workers

8B.—(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 and contractors in respect of any persons or class of persons employed by them who are required before accepting any employment to apply for work permits.

(2) 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.

(3) Where the amount of the levy which an employer or a contractor is liable to pay in respect of any month is not paid within such period as may be specified in the order, the employer or the contractor 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 and the penalty shall be calculated at the rate of two per cent per month, or the sum of five dollars, whichever is the greater, but the total penalty shall not exceed twenty per cent of the amount of levy outstanding.

(4) The Commissioner may in any case in which he thinks fit remit in whole or in part any penalty due under subsection (3).

(5) Any levy and penalty due from and payable by an employer or a contractor shall be recoverable by the Commissioner, or any person duly authorised by the Commissioner to act on his behalf, as a debt due to the Government.

(6) For the purpose of reimbursing any person authorised by the Commissioner to act on his behalf for the expenses incurred by him in the collection and recovery of the levy, the Minister may authorise such person to be paid such amount as the Minister may determine.

(7) In any proceedings for the recovery of any levy and penalty due thereon which an employer or a contractor is liable to pay, a certificate purporting to be under the hand of the Commissioner certifying the amount of the levy and penalty due thereon payable by such person shall be prima facie evidence of the facts stated therein.”.

Amendment of section 9

5. Section 9 of the principal Act is amended —

(a)

by deleting the words “for a period of one year from the date of issue” in subsection (2); and

(b)

by inserting, immediately after subsection (2), the following subsection: —

“(3) A work permit issued to an employee or a contract worker shall be valid for the period specified in the work permit unless it is cancelled by the Commissioner.”.

Amendment of section 14

6. Section 14 of the principal Act is amended by deleting the words “section 8” in paragraph (e) of subsection (1) and substituting the words “section 8 (3)”.

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