No. S 326
Employment of Foreign Workers Act
(Chapter 142)
Employment of Foreign Workers (Levy) (Amendment) Order 1997
In exercise of the powers conferred by section 11(1) of the Employment of Foreign Workers Act, the Minister for Labour hereby makes the following Order:
Citation and commencement
1.  This Order may be cited as the Employment of Foreign Workers (Levy) (Amendment) Order 1997 and shall be deemed to have come into operation on 1st March 1997.
Amendment of paragraph 2
2.  Paragraph 2 of the Employment of Foreign Workers (Levy) Order (O 1) is amended —
(a)by inserting, immediately before the definition of “construction worker”, the following definitions:
“ “Board” means the Housing and Development Board established by the Housing and Development Act (Cap. 129);
“commercial property” and “common property” have the same meanings as in the Town Councils Act (Cap. 329A);
“conservancy worker” means any person who is employed by a contractor of a Town Council in, or in connection with, the collection of refuse from, or the cleaning of, the common property of residential and commercial property in the housing estates of the Board within the Town of the Town Council;”;
(b)by inserting, immediately after the definition of “harbour craft”, the following definition:
“ “Institute of Technical Education, Singapore” means the Institute of Technical Education, Singapore established by the Institute of Technical Education Act (Cap. 141A);”;
(c)by inserting, immediately after the definition of “marine worker”, the following definitions:
“ “process industry maintenance worker” means any person who is employed in, or in connection with, the preventive, predictive and breakdown maintenance of plant equipment in a petroleum or petro‑chemical refinery;
“residential property” has the same meaning as in the Town Councils Act (Cap. 329A);”;
(d)by deleting the definition of “skilled marine worker” and substituting the following definitions:
“ “skilled marine worker” means a marine worker who has passed a test conducted or recognised by the former Vocational and Industrial Training Board, or by the Institute of Technical Education, Singapore, in a marine-related skill approved by the Controller;
“skilled process industry maintenance worker” means a process industry maintenance worker who has passed a test conducted or recognised by the Institute of Technical Education, Singapore in a process industry maintenance‑related skill approved by the Controller;
“Town” and “Town Council” have the same meanings as in the Town Councils Act (Cap. 329A);”; and
(e)by deleting the definition of “unskilled marine worker” and substituting the following definitions:
“ “unskilled marine worker” means a marine worker who is not a skilled marine worker;
“unskilled process industry maintenance worker” means a process industry maintenance worker who is not a skilled process industry maintenance worker.”.
Amendment of paragraph 3
3.  Paragraph 3 of the Employment of Foreign Workers (Levy) Order is amended —
(a)by deleting sub‑paragraphs (11) to (16) and substituting the following sub‑paragraphs:
Levy payable by employer where percentage of foreign manufacturing workers does not exceed 40% on or after 1st June 1997
(11)  Subject to sub‑paragraph (12), where the percentage of an employer’s foreign manufacturing workers on or after 1st June 1997 does not exceed 40% of his total number of workers, the levy payable in respect of each foreign manufacturing worker shall be —
(a)at the rate of $330 for each calendar month; and
(b)where any foreign manufacturing worker is employed for part of a month, at the rate of $11 for each day during which the foreign manufacturing worker is employed in that month.
Where percentage of foreign manufacturing workers is reduced to 40% or below on or after 1st June 1997
(12)  Where on or after 1st June 1997 the percentage of an employer’s foreign manufacturing workers exceeds 40% of his total number of workers, but is subsequently reduced to 40% or below of his total number of workers, the employer is not eligible to pay the levy at the rate specified in sub-paragraph (11) in respect of any foreign manufacturing worker —
(a)until the time the employer renews the work permit of that foreign manufacturing worker; or
(b)unless before that time the Controller approves an application by the employer (to be made in the form required by the Controller) to pay the levy at the rate specified in sub‑paragraph (11) in respect of that foreign manufacturing worker,
and in either case, the levy at the rate specified in sub‑paragraph (11) does not apply until the first day of the month following the month in which the work permit is renewed, or the application to the Controller is approved, as the case may be.
Levy payable by employer where percentage of foreign manufacturing workers exceeds 40% on or after 1st June 1997
(13)  Subject to sub-paragraphs (14) and (15), where the percentage of an employer’s foreign manufacturing workers on or after 1st June 1997 exceeds 40% of his total number of workers —
(a)the levy payable in respect of each foreign manufacturing worker not exceeding 40% of the employer’s total number of workers shall be at the rate specified in sub‑paragraph (11); and
(b)the levy payable in respect of each foreign manufacturing worker in excess of 40% of the employer’s total number of workers shall be —
(i)at the rate of $400 for each calendar month; and
(ii)where that foreign manufacturing worker is employed for part of a month, at the rate of $14 for each day during which the foreign manufacturing worker is employed in that month.
Where percentage of foreign manufacturing workers exceeds 40% due to reduction in number of local workers on or after 1st June 1997
(14)  Where the percentage of an employer’s foreign manufacturing workers on or after 1st June 1997 exceeds 40% of his total number of workers because of a subsequent reduction in the number of his local workers, the levy payable in respect of each foreign manufacturing worker in excess of 40% in respect of whom a levy at the rate of $330 for each calendar month had been payable immediately before the reduction shall, until the expiry or cancellation of the work permit of that foreign manufacturing worker —
(a)be at the rate of $330 for each calendar month; and
(b)where that foreign manufacturing worker is employed for part of a month, be at the rate of $11 for each day during which the foreign manufacturing worker is employed in that month.
Levy payable by employer for each foreign manufacturing trainee who is undergoing training with approved employer on or after 1st June 1997
(15)  Where on or after 1st June 1997 an employer’s percentage of foreign manufacturing workers exceeds 40% of his total number of workers —
(a)the levy payable in respect of each foreign manufacturing trainee who is issued with a work permit for the purpose of undergoing training with an employer who is approved by the Controller shall be at the rate of $330 for each calendar month; and
(b)where that foreign manufacturing trainee is employed for part of a month, the levy payable for that month shall be at the rate of $11 for each day during which the foreign manufacturing trainee is employed in that month.
Effective date of levy for foreign manufacturing worker
(16)  Except as provided in sub-paragraph (12)(b), the rates of levy payable by an employer in respect of his foreign manufacturing worker on or after 1st June 1997 shall apply from the first day of the month following the month in which the employer renews his foreign worker’s work permit.”;
(b)by inserting, immediately after sub‑paragraph (18), the following sub‑paragraphs:
Conservancy worker
(19)  The levy payable in respect of any conservancy worker shall be —
(a)at the rate of $440 for each calendar month; and
(b)where any conservancy worker is employed for part of a month, at the rate of $15 for each day during which the conservancy worker is employed in that month subject to a maximum of $440 in the aggregate.
Skilled process industry maintenance worker
(20)  Subject to sub‑paragraph (22), the levy payable in respect of any skilled process industry maintenance worker shall be —
(a)at the rate of $200 for each calendar month; and
(b)where any skilled process industry maintenance worker is employed for part of a month, at the rate of $7 for each day during which the skilled process industry maintenance worker is employed in that month subject to a maximum of $200 in the aggregate.
Unskilled process industry maintenance worker
(21)  The levy payable in respect of any unskilled process industry maintenance worker shall be —
(a)at the rate of $440 for each calendar month; and
(b)where any unskilled process industry maintenance worker is employed for part of a month, at the rate of $15 for each day during which the unskilled process industry maintenance worker is employed in that month subject to a maximum of $440 in the aggregate.
Change in level of skill of process industry maintenance worker
(22)  Where an unskilled process industry maintenance worker employed by an employer becomes a skilled process industry maintenance worker, the employer is not eligible to pay the levy at the rates specified in sub‑paragraph (20) —
(a)unless —
(i)the employer applies, in the form required by the Controller, to the Controller to pay the levy at the rates specified in sub‑paragraph (20); and
(ii)the Controller approves the employer’s application; and
(b)where the Controller approves the employer’s application to pay the levy at the rates specified in sub‑paragraph (20), until the first day of the month following the month in which the application is approved.”;
(c)by deleting the words “Notwithstanding the preceding sub‑paragraphs,” in the first and second lines of the existing sub‑paragraph (19) and substituting the words “Notwithstanding sub-paragraphs (2) to (22),”;
(d)by renumbering the existing sub‑paragraph (19) as sub‑paragraph (23), and by inserting immediately thereafter the following sub‑paragraph:
Effective date of levy for foreign worker with special skills or experience
(24)  The levy at the rates specified in sub‑paragraph (23) shall apply from —
(a)the date on which the foreign worker’s work permit is issued, or renewed, on or after 1st May 1996; or
(b)where an application is made by the employer (in the form required by the Controller) to pay the levy at the rates specified in sub‑paragraph (23) before the date on which the work permit is renewed, and the Controller approves the application, the first day of the month following the month in which the Controller approves the application,
and until such time the rates of levy applicable to the foreign worker under sub-paragraphs (2) to (22) shall apply.”;
(e)by deleting the existing sub‑paragraph (20); and
(f)by renumbering the existing sub‑paragraph (21) as sub‑paragraph (25).
[G.N. Nos. S 311/93; S 143/95; S 22/96; S 193/96; S 410/96]
Made this 15th day of July 1997.
MOSES LEE KIM POO
Permanent Secretary,
Ministry of Labour,
Singapore.
[MLS 11.5E.2/65T1; AG/SL/17/93/1]