Employment of Foreign Manpower (Work Passes) (Amendment No. 5) Regulations 2020

Status:

Published in Subsidiary Legislation Supplement
on 23 Dec 2020

No. S 1069

Employment of Foreign Manpower Act

(CHAPTER 91A)

Employment of Foreign Manpower
(Work Passes) (Amendment No. 5)
Regulations 2020

In exercise of the powers conferred by section 29 of the Employment of Foreign Manpower Act, the Minister for Manpower makes the following Regulations:

Citation and commencement

1.—(1) These Regulations are the Employment of Foreign Manpower (Work Passes) (Amendment No. 5) Regulations 2020 and, except for regulations 2(1), (2) and (3)(c) and (d), 3(1) and (2)(c) and (d) and 4(1) and (2)(b) and (c), come into operation on 24 December 2020.

(2) Regulations 2(1) and (3)(c) and (d), 3(1) and (2)(c) and (d) and 4(1) and (2)(b) and (c) come into operation on 2 January 2021.

(3) Regulation 2(2) comes into operation on 1 March 2021.

Amendment of Fourth Schedule

2.—(1) Part III of the Fourth Schedule to the Employment of Foreign Manpower (Work Passes) Regulations 2012 (G.N. No. S 569/2012) (called in these Regulations the principal Regulations) is amended by inserting, immediately after “11” in paragraph 10A(b), “, 11A”.

(2) Part IV of the Fourth Schedule to the principal Regulations is amended —

(a)

by deleting the words “basic monthly salary or fixed monthly allowances” in paragraph 6A(1)(a) and substituting the words “basic monthly salary, fixed monthly allowances, rate for overtime payment or daily basic rate of pay”; and

(b)

by inserting, immediately after the definition of “basic monthly salary” in paragraph 6B, the following definition:

“ “daily basic rate of pay”, in relation to a foreign employee, means the amount equivalent to the foreign employee’s basic rate of pay calculated in accordance with the third column of item 2, 3 or 4 (as the case may be) of the Third Schedule to the Employment Act (Cap. 91), where a reference to the monthly basic rate of pay under the Employment Act is a reference to the foreign employee’s basic monthly salary;”.

(3) Part VI of the Fourth Schedule to the principal Regulations is amended —

(a)

by inserting, immediately after the word “employer” in paragraph 3(b), the words “and the Controller (in the form or manner specified by the Controller)”;

(b)

by inserting, immediately after the words “his employer” in paragraph 3(c), the words “and the Controller (in the form or manner specified by the Controller)”;

(c)

by deleting the words “and 11” in paragraph 9(2) and substituting the words “, 11 and 11A”; and

(d)

by inserting, immediately after paragraph 11, the following paragraph:

“Working only when permitted

11A. A foreign employee —

(a)	who is not a resident of an unregulated dormitory or a licensed dormitory; and
(b)	whose work permit states his occupation as other than a “domestic worker”,

must not enter or remain in the foreign employee’s place of work to work unless the foreign employee receives permission from the Controller to do so, given by way of an electronic notification or otherwise.”.

Amendment of Fifth Schedule

3.—(1) Part I of the Fifth Schedule to the principal Regulations is amended by inserting, immediately after “7” in paragraph 14(b), “, 7A”.

(2) Part III of the Fifth Schedule to the principal Regulations is amended —

(a)

by inserting, immediately after the word “Controller” in paragraph 4(a), the words “(in the form or manner specified by the Controller)”;

(b)

by inserting, immediately after the word “Controller” in paragraph 4(b), the words “(in the form or manner specified by the Controller)”;

(c)

by deleting the words “and 7” in paragraph 5(2) and substituting the words “, 7 and 7A”; and

(d)

by inserting, immediately after paragraph 7, the following paragraph:

“Working only when permitted

7A. A foreign employee who is not a resident of an unregulated dormitory or a licensed dormitory must not enter or remain in the foreign employee’s place of work to work unless the foreign employee receives permission from the Controller to do so, given by way of an electronic notification or otherwise.”.

Amendment of Sixth Schedule

4.—(1) Part I of the Sixth Schedule to the principal Regulations is amended by inserting, immediately after paragraph 6, the following paragraph:

“Contact tracing and monitoring employee movements

7. The employer must, as far as is reasonably practicable, establish and apply appropriate procedures and controls (jointly with another or otherwise), in accordance with any written law, advisory, guideline or other similar instrument issued by any competent authority, that —

(a)	enable or facilitate contact tracing (within the meaning of the Infectious Diseases Act) of all foreign employees of the employer; and
(b)	help determine and facilitate compliance by the foreign employee with paragraphs 2, 3 and 4 of Part III.”.

(2) Part III of the Sixth Schedule to the principal Regulations is amended —

(a)

by deleting paragraph 1 and substituting the following paragraph:

“Obligation to update particulars

1. The foreign employee must —

(a)	without delay after first acquiring for his use a mobile telephone, inform the Controller (in the form or manner specified by the Controller) of the foreign employee’s mobile telephone number; and
(b)	for so long as the foreign employee’s employment pass is valid, inform the Controller (in the form or manner specified by the Controller) of any change to the foreign employee’s residential address in Singapore or to the foreign employee’s mobile telephone number, within 5 days after each change.”;

(b)

by inserting, immediately after the words “this paragraph” in paragraph 2(2), the words “and paragraph 4”; and

(c)

by inserting, immediately after paragraph 2, the following paragraphs:

“Undergoing medical examinations, etc., for disease control

3. The foreign employee must peaceably undergo X‑rays, the taking of his blood or other body samples for testing and analysis, and such other medical examination or medical treatment within or at such time, and at such place required by or under any written law issued by any competent authority in relation to epidemics and prevention or control of infectious diseases.

Working only when permitted

4. A foreign employee who is not a resident of an unregulated dormitory or a licensed dormitory must not enter or remain in the foreign employee’s place of work to work unless the foreign employee receives permission from the Controller to do so, given by way of an electronic notification or otherwise.”.

[G.N. Nos. S 177/2013; S 563/2013; S 333/2015; S 143/2017; S 547/2017; S 902/2018; S 170/2019; S 865/2019; S 427/2020; S 736/2020; S 783/2020; S 838/2020]

Made on 23 December 2020.

AUBECK KAM

Permanent Secretary,
Ministry of Manpower,
Singapore.

[HQ/Legis/EFMA/EFMR_Dec2020; AG/LEGIS/SL/91A/2020/1 Vol. 1]

(To be presented to Parliament under section 29(3) of the Employment of Foreign Manpower Act).

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