Employment Agency Rules - Singapore Statutes Online

Employment Agencies Act

(CHAPTER 92, Section 29)

Employment Agency Rules

R 1

G.N. No. S 216/1984

REVISED EDITION 2008

(31st January 2008)

[24th August 1984]

Citation

1. These Rules may be cited as the Employment Agency Rules.

Definitions

2. In these Rules, unless the context otherwise requires —

“applicant for employment” means any person applying for employment, work or contract or hire of his services at an employment agency;

“applicant for workers” means any person applying for the procurement of any worker for his service at an employment agency.

Application for licence

3. An application for a grant or renewal of a licence shall be made in such form and within such period as the Commissioner may require.

Enquiries

4.—(1) The Commissioner may make such enquiries as he thinks fit before or after granting or renewing a licence.

(2) Without prejudice to paragraph (1), the Commissioner may, before or after granting or renewing a licence, make such enquiries as he thinks fit regarding persons who in his view may have an interest in the grant or renewal of a licence, whether or not such persons are joined in the application for the grant or renewal of a licence.

Security

5. The Commissioner may, before granting or renewing a licence, require the applicant to furnish —

(a)	where the applicant is able to prove that he is carrying on an employment agency which has been accredited under an accreditation scheme approved by the Commissioner, a cash security deposit or a bank guarantee of $10,000; and
(b)	in any other case, a cash security deposit or a bank guarantee of $20,000.

Training

6.—(1) Subject to paragraph (2), the Commissioner shall not —

(a)	on or after 1st January 1999, grant a licence; or
(b)	on or after 1st January 2000, renew a licence,

unless the applicant has attended and successfully completed such courses of training and passed such tests of proficiency as the Commissioner may determine.

(2) The Commissioner may, in any particular case if he thinks fit, grant or renew a licence notwithstanding that the applicant has not satisfied the requirements referred to in paragraph (1).

Persons to whom licence may not be granted

7. No licence shall be granted under the Act to —

(a)

any undischarged bankrupt;

(b)

any person convicted of an offence under —

(i)	section 140, 141, 142, 146 or 148 of the Women’s Charter (Cap. 353);
(ii)	section 12 or 13 of the Children and Young Persons Act (Cap. 38); or
(iii)	section 366, 367, 370, 371, 372, 373, 373A or 374 of the Penal Code (Cap. 224); or

(c)

any person convicted of an offence involving dishonesty under the Penal Code.

Validity of licence

8. A licence granted under the Act shall be valid only in respect of the type of employment specified in the licence.

Fee

9.—(1) No licence shall be granted or renewed under the Act until the prescribed fee has been paid.

(2) The fee payable for the grant or renewal of a licence shall be $350 per annum.

Separate licence

10. A separate licence shall be taken out for each employment agency.

Restriction on licensee and premises

11. The licence granted under the Act shall not be —

(a)	used directly or indirectly by any person other than the one in whose favour it was granted;
(b)	used at any premises other than that specified in the licence; and
(c)	transferred or assigned to any other person.

Foreign recruitment

12.—(1) No employment agency shall cause, induce or assist a foreign employee to enter Singapore for the purpose of seeking employment unless the employer has obtained in respect of that foreign employee the approval in principle of the Controller of Work Passes.

(2) No employment agency shall cause, induce or assist a foreign employee to commence work in Singapore unless the employer has obtained in respect of that foreign employee a valid work permit issued by the Controller of Work Passes.

(3) No employment agency shall retain for whatever reason the passport or work permit of any foreign employee.

(4) For the purposes of this rule, “foreign employee” has the meaning assigned to it by section 2 of the Employment of Foreign Manpower Act (Cap. 91A).

Licence to be displayed

13. Every licensee shall display the licence granted to him under the Act in a conspicuous place in the office of the employment agency in respect of which the licence has been granted.

Change of place of business

14. No licensee shall move the place of business of the employment agency without the previous consent in writing of the Commissioner.

Registers

15. Every licensee shall cause to be kept a register of applicants for employment and workers in such form as the Commissioner may require.

Monthly returns

16. The monthly returns required to be submitted under section 17 of the Act shall be in accordance with the First Schedule.

Scale of fees

17.—(1) The fees that may be received by an employment agency from an applicant for employment or from an applicant for workers respectively shall be in accordance with the scale set out in the Second Schedule.

(2) Every licensee shall exhibit in a conspicuous place in the office of the employment agency a copy of the scale set out in the Second Schedule.

Penalty

18. Any person who contravenes rule 11, 12, 13, 14, 15 or 17(2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.

Prohibition from collecting deposits

19.—(1) A licensee who has been given a notice in writing under section 11(2) of the Act —

(a)	shall inform, in writing, every applicant for employment and every applicant for workers who uses his services of the fact that he has been given the notice; and
(b)	shall not, after receiving the notice, collect any deposit or fee from any person referred to in sub-paragraph (a).

(2) Any person who contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.

[G.N. Nos. S 216/84; S 293/93; S 197/95; S 4/98; S 201/2004; S 710/2005; S 342/2007]

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