Employment of Foreign Manpower (Work Passes) (Amendment No. 2) Regulations 2008

No. S 360

Employment of Foreign Manpower Act

(Chapter 91A)

Employment of Foreign Manpower (Work Passes) (Amendment No. 2) Regulations 2008

In exercise of the powers conferred by section 29 of the Employment of Foreign Manpower Act, Mr Gan Kim Yong, Senior Minister of State, Ministry of Manpower, charged with the responsibility of the Minister for Manpower, hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Employment of Foreign Manpower (Work Passes) (Amendment No. 2) Regulations 2008 and shall come into operation on 14th July 2008.

Amendment of regulation 4

2. Regulation 4 of the Employment of Foreign Manpower (Work Passes) Regulations 2007 (G.N. No. S 339/2007) (referred to in these Regulations as the principal Regulations) is amended by inserting, immediately after paragraph (2), the following paragraph:

“(3) Every work permit issued to a foreign employee shall be subject to the conditions set out in the First Schedule, being conditions to be complied with by his employer.”.

Amendment of regulation 5

3. Regulation 5 of the principal Regulations is amended by inserting, immediately after paragraph (2), the following paragraph:

“(3) Every S pass issued to a foreign employee shall be subject to the conditions set out in the First Schedule, being conditions to be complied with by his employer.”.

Amendment of regulation 14

4. Regulation 14(1) of the principal Regulations is amended by deleting the words “the Schedule” and substituting the words “the Second Schedule”.

Amendment of regulation 16

5. Regulation 16 of the principal Regulations is amended by deleting the words “the Schedule” and substituting the words “the Second Schedule”.

Renaming of Schedule and new First Schedule

6. The principal Regulations are amended —

(a)

by deleting the words “THE SCHEDULE” in the heading to the Schedule and substituting the words “SECOND SCHEDULE”; and

(b)

by inserting, immediately before the Second Schedule, the following Schedule:

“FIRST SCHEDULE

Regulations 4(3) and 5(3)

Conditions of Work Permit or S Pass
to be complied with by employer

Restrictions on employer receiving or recovering moneys from foreign employee

1. Prohibited payments: An employer shall not deduct from any salary payable to a foreign employee, or demand or receive (directly or indirectly) from the foreign employee, any sum or other benefit —

(a)	as consideration or as a condition for employing the foreign employee;
(b)	as consideration or as a condition for continuing to employ the foreign employee; or
(c)	as a financial guarantee related, in any way, to the employment of the foreign employee.

2. Payments to be borne by employer not recoverable from foreign employee: An employer shall not deduct from any salary payable to a foreign employee, or recover (directly or indirectly) from the foreign employee, in whole or in part, any of the following sums paid or payable, or any other benefit given or to be given, by the employer:

(a)	fees associated with the application, issuance, renewal, or reinstatement of a work permit or S pass;
(b)	costs associated with furnishing a security deposit required by the Controller;
(c)	costs associated with purchasing and maintaining medical insurance coverage for the foreign employee, as required by the Controller;
(d)	costs associated with medical examinations required by the Controller;
(e)	levy payments under the Act;
(f)	costs associated with training a foreign employee, where the training is provided by the employer or required by the Controller;
(g)	costs associated with repatriating a foreign employee at any time; and
(h)	such other similar sums connected or related to the employment of a foreign employee.

Restriction on employer receiving moneys in connection with the employment of foreign employee

3. An employer shall not demand or receive any sum or other benefit from an employment agent or any other person in connection with the employment of a foreign employee.”.

[G.N. Nos. S 636/2007; S 45/2008]

Made this 9th day of July 2008.

LEO YIP

Permanent Secretary,
Ministry of Manpower,
Singapore.

[WPSD 6:2/EFMA/05; AG/LEG/SL/91A/2003/1 Vol. 3]

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

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