No. S 343
Employment of Foreign Manpower Act
(Chapter 91A)
Employment of Foreign Manpower (Levy) Order 2007
In exercise of the powers conferred by section 11(1) of the Employment of Foreign Manpower Act, the Minister for Manpower hereby makes the following Order:
PART I
PRELIMINARY
Citation and commencement
1.  This Order may be cited as the Employment of Foreign Manpower (Levy) Order 2007 and shall come into operation on 1st July 2007.
Definitions
2.  In this Order, unless the context otherwise requires —
“agri-technology worker” means a work permit holder who is employed in, or in connection with —
(a)cultivating and harvesting of agricultural, fruit or horticultural produce in or from Singapore;
(b)breeding or producing livestock or meat or other livestock products in or from Singapore; or
(c)taking, breeding or culturing fish or other aquatic organisms in or from Singapore,
for sale or delivery on a regular basis to wholesalers, marketing bodies or the markets, and includes a work permit holder who is employed in a managerial, secretarial, clerical or other similar capacity in an industry comprising any work or process referred to in paragraph (a), (b) or (c);
“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 a work permit holder 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;
“construction worker” means a work permit holder who is engaged in any occupation in the construction industry;
“domestic worker” means a work permit holder employed in or in connection with the domestic services of any private premises;
“foreign manufacturing worker” means a work permit holder who is engaged in any occupation in the manufacturing industry;
“grass-cutting and landscaping worker” means a work permit holder who is employed in, or in connection with —
(a)grass-cutting, lawn mowing or maintaining of any garden;
(b)planting, cutting, maintaining or conserving trees and plants; or
(c)clearing or removing dead, dying or diseased grass, trees or plants,
and includes a work permit holder who is employed in a managerial, secretarial, clerical or other similar capacity in an industry comprising any work or process referred to in paragraph (a), (b) or (c);
“harbour craft” has the same meaning as in the Maritime and Port Authority of Singapore Act (Cap. 170A);
“harbour craft worker” means a work permit holder who is engaged in any capacity on board any harbour craft;
“holder”, in relation to any work permit or S pass, means the person to whom and in whose name the work permit or S pass is issued;
“incinerator plant worker” means a work permit holder who is employed in, or in connection with —
(a)maintaining and cleaning incinerator-boilers;
(b)general maintenance of refuse handling equipment in refuse bunkers;
(c)refractory repair of furnaces;
(d)ash clearing in stokers, extractors and ash handling systems, or other mechanical and electrical equipment; or
(e)clearing of refuse and incineration choke,
and includes a work permit holder who is employed in a managerial, secretarial, clerical or other similar capacity in connection with any work or process referred to in paragraph (a), (b), (c), (d) or (e);
“Institute of Technical Education, Singapore” means the Institute of Technical Education, Singapore established by the Institute of Technical Education Act (Cap. 141A);
“marine worker” means a work permit holder who is engaged in any occupation in the marine industry;
“process construction worker” means a work permit holder who is employed in connection with the construction of plant equipment in the petroleum, petrochemicals, specialty chemicals or pharmaceutical industry, and includes a work permit holder who is employed in a managerial, secretarial, clerical or other similar capacity in connection with the construction of such plant equipment;
“process maintenance worker” means a work permit holder who is employed in connection with the preventive, predictive and breakdown maintenance of plant equipment in the petroleum, petrochemicals, specialty chemicals or pharmaceutical industry, and includes a work permit holder who is employed in a managerial, secretarial, clerical or other similar capacity in connection with the preventive, predictive and breakdown maintenance of such plant equipment;
“residential property” has the same meaning as in the Town Councils Act (Cap. 329A);
“skilled construction worker” means a construction worker who has passed a test in a construction-related skill conducted or recognised by the Building and Construction Authority;
“skilled harbour craft worker” means a harbour craft worker who holds a licence issued by the Maritime and Port Authority of Singapore or possesses such other qualifications or work experience as may be recognised by that Authority;
“skilled marine worker” means a marine worker —
(a)who has passed a test in a marine-related skill conducted or recognised by the Institute of Technical Education, Singapore; or
(b)who is positioned 3G or above in welding based on internationally recognised standards from one of the following institutions:
(i)American Bureau of Shipping;
(ii)Bureau Veritas;
(iii)Det Norske Veritas Pte Ltd;
(iv)Germanishercher Lloyd;
(v)Lloyd’s Register of Shipping;
(vi)Nippon Kaiji Kyokai;
(vii)Singapore Test Services Pte Ltd; and
(viii)Setsco Services Pte Ltd;
“skilled process construction worker” means a process construction worker —
(a)who has passed a test in a process construction related skill conducted or recognised by the Institute of Technical Education, Singapore; or
(b)who is positioned 3G or above in welding under the Common Welder Qualification Scheme conducted by the Singapore Welding Society;
“skilled process maintenance worker” means a process maintenance worker —
(a)who has passed a test in a process maintenance related skill conducted or recognised by the Institute of Technical Education, Singapore; or
(b)who is positioned 3G or above in welding under the Common Welder Qualification Scheme conducted by the Singapore Welding Society;
“S pass” means a work pass known as an S pass issued under the Employment of Foreign Manpower (Work Passes) Regulations 2007 (G.N. No. S 339/2007);
“Town” and “Town Council” have the same meanings as in the Town Councils Act (Cap. 329A);
“trainee” means a foreign employee who is issued with a training work permit under the Employment of Foreign Manpower (Work Passes) Regulations 2007;
“unskilled construction worker” means a construction worker who is not a skilled construction worker;
“unskilled harbour craft worker” means a harbour craft worker who is not a skilled harbour craft worker;
“unskilled marine worker” means a marine worker who is not a skilled marine worker;
“unskilled process construction worker” means a process construction worker who is not a skilled process construction worker;
“unskilled process maintenance worker” means a process maintenance worker who is not a skilled process maintenance worker;
“work permit” means a work pass known as a work permit issued under the Employment of Foreign Manpower (Work Passes) Regulations 2007 (G.N. No. S 339/2007), and includes a training work permit issued under those Regulations.
Threshold percentages applicable to work permit holders
3.—(1)  In this Order, the initial threshold percentage, in relation to an employer’s foreign employees who are the following work permit holders, shall be the initial threshold percentage applicable according to the type of work permit holder as follows:
(a)in the case of foreign manufacturing workers, 40% of the employer’s total number of employees; and
(b)in the case of general work permit holders referred to in Division 2 of Part III, 30% of the employer’s total number of employees.
(2)  In this Order, the second threshold percentage, in relation to an employer’s foreign employees who are the following work permit holders, shall be the second threshold percentage applicable according to the type of work permit holder as follows:
(a)in the case of foreign manufacturing workers, 50% of the employer’s total number of employees; and
(b)in the case of general work permit holders referred to in Division 2 of Part III, 35% of the employer’s total number of employees.
(3)  In this Order, the threshold percentage, in relation to an employer’s foreign employees who are conservancy workers, shall be 35% of the employer’s total number of employees.
(4)  For the purposes of paragraphs 11 to 13, 24 to 26 and 30 to 32, where any question arises as to whether or not the number of an employer’s foreign employees expressed as a percentage of the total number of his employees exceeds the threshold percentage, initial threshold percentage or second threshold percentage referred to in any of those paragraphs, the question shall be determined by the Controller.
Made this 29th day of June 2007.
LEO YIP
Permanent Secretary,
Ministry of Manpower,
Singapore.
[WPSD 6:2/EFMA/4; AG/LEG/SL/91A/2003/1 Vol. 2]