No. S 427
Employment of Foreign Manpower Act
(CHAPTER 91A)
Employment of Foreign Manpower
(Work Passes) (Amendment)
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.  These Regulations are the Employment of Foreign Manpower (Work Passes) (Amendment) Regulations 2020 and come into operation on 2 June 2020.
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 paragraph 2, the following paragraphs:
Accommodation in unregulated dormitories
2A.—(1)  Without limiting paragraph 2, where the employer provides accommodation to the foreign employee in an unregulated dormitory that the employer operates or rents from another, the employer must have, or rent an unregulated dormitory the operation of which involves, appropriate policies, procedures and controls that conform to requirements by or under the COVID‑19 (Temporary Measures) (Control Order) Regulations 2020 (G.N. No. S 254/2020) and the Foreign Employee Dormitories Act 2015 (Act 3 of 2015) on the operation of dormitories.
(2)  In this paragraph and paragraphs 2B, 2C and 2D —
“boarding premises” has the meaning given by section 2(1) of the Foreign Employee Dormitories Act 2015;
“licensed dormitory” means any boarding premises that is the subject of a licence under the Foreign Employee Dormitories Act 2015;
“resident”, in relation to an unregulated dormitory or a licensed dormitory, means any individual, who occupies or enjoys a right to occupy one or more beds or rooms, or spaces within a room, in the dormitory as the individual’s main or only residence in Singapore;
“unregulated dormitory” means boarding premises providing accommodation to 7 or more foreign employees and includes any place converted (temporarily or otherwise) for use as accommodation for 7 or more foreign employees, but excludes —
(a)any boarding premises to which the Foreign Employee Dormitories Act 2015 applies; and
(b)an isolation area within the meaning of section 17 of the Infectious Diseases Act (Cap. 137).
Provision of food and daily supplies
2B.  The employer must ensure that a foreign employee has access to food and daily supplies when the foreign employee is a resident of an unregulated dormitory or a licensed dormitory.
Movement to and from dormitory, etc.
2C.  The employer must not allow, or cause to be allowed, the foreign employee who is a resident of an unregulated dormitory or a licensed dormitory to leave the dormitory unless the employer is satisfied that the foreign employee —
(a)has permission from the Controller to do so; or
(b)is seeking medical treatment or help in an emergency, or is required by lawful authority to evacuate the dormitory,
and may grant or refuse consent to the foreign employee to leave the dormitory for this purpose.
Cooperating with dormitory operator
2D.  If the foreign employee is a resident of an unregulated dormitory or a licensed dormitory, and the employer is not the operator of that dormitory, the employer must cooperate with the operator of that dormitory to enable the operator and the foreign employee to carry out their respective obligations under the COVID‑19 (Temporary Measures) (Control Order) Regulations 2020, the Foreign Employee Dormitories Act 2015 and any other relevant written law, in relation to the foreign employee, which may include giving suitable directions to the foreign employee on minimising physical contact with others and social interactions.”.
(2)  Paragraph 6 of Part III of the Fourth Schedule to the principal Regulations is amended —
(a)by inserting, immediately after the words “foreign employee’s accommodation in Singapore”, the words “and the foreign employee’s mobile telephone number”;
(b)by deleting the word “and” at the end of sub‑paragraph (a); and
(c)by deleting the full‑stop at the end of sub‑paragraph (b) and substituting the word “; and”, and by inserting immediately thereafter the following sub‑paragraph:
(c)within 5 days after the foreign employee informs the employer of the change in his mobile telephone number, for so long as the foreign employee is not repatriated.”.
(3)  Part III of the Fourth Schedule to the principal Regulations is amended by inserting, immediately after paragraph 10, the following paragraph:
Contact tracing and monitoring employee movements
10A.  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 9, 10, 11 and 12 of Part VI.”.
(4)  Paragraph 3 of Part VI of the Fourth Schedule to the principal Regulations is deleted and the following paragraph substituted therefor:
3.  If the foreign employee’s work permit does not state his occupation as that of a “domestic worker”, the foreign employee must —
(a)reside at the address in Singapore indicated by the employer to the foreign employee upon the start of the employment of the foreign employee;
(b)inform without delay his employer of his mobile telephone number after first acquiring for his use a mobile telephone; and
(c)for so long as the foreign employee’s work permit is valid, inform his employer about any change to the address of his place of residence (other than on the direction of the employer) or to his mobile telephone number, within 5 days after that change.”.
(5)  Part VI of the Fourth Schedule to the principal Regulations is amended by inserting, immediately after paragraph 8, the following paragraphs:
Movement to and from dormitory, etc.
9.—(1)  If the foreign employee is a resident of an unregulated dormitory or a licensed dormitory, the foreign employee must not leave the dormitory unless the foreign employee —
(a)has prior permission from the Controller to do so, and the prior consent of the employer under paragraph 2C of Part III; or
(b)is seeking medical treatment or help in an emergency, or is required by lawful authority to evacuate the dormitory.
(2)  In this paragraph and paragraphs 10 and 11 —
“boarding premises” has the meaning given by section 2(1) of the Foreign Employee Dormitories Act 2015;
“licensed dormitory” means any boarding premises that is the subject of a licence under the Foreign Employee Dormitories Act 2015;
“resident”, in relation to an unregulated dormitory or a licensed dormitory, means any individual, who occupies or enjoys a right to occupy one or more beds or rooms, or spaces within a room, in the dormitory as the individual’s main or only residence in Singapore;
“unregulated dormitory” means boarding premises providing accommodation to 7 or more foreign employees and includes any place converted (temporarily or otherwise) for use as accommodation for 7 or more foreign employees, but excludes —
(a)any boarding premises to which the Foreign Employee Dormitories Act 2015 applies; and
(b)an isolation area within the meaning of section 17 of the Infectious Diseases Act.
Adhering to safe management measures, etc.
10.  The foreign employee must comply with the lawful instructions from the employer, and the operator of any unregulated dormitory or licensed dormitory where he is a resident, which are given to the foreign employee by the employer or operator (as the case may be) for the purpose of —
(a)contact tracing (within the meaning of the Infectious Diseases Act); and
(b)safe management by or under the COVID‑19 (Temporary Measures) (Control Order) Regulations 2020.
Responsibility for personal hygiene, health, etc.
11.  The foreign employee is responsible for —
(a)complying with requirements in the COVID‑19 (Temporary Measures) (Control Order) Regulations 2020 on —
(i)mask‑wearing when outside his place of residence (such as but not limited to when using shared facilities in an unregulated dormitory, a licensed dormitory or any other accommodation);
(ii)maintaining a distance from other individuals; and
(iii)minimising physical interactions with other individuals;
(b)keeping his living space (whether in an unregulated dormitory, a licensed dormitory or any other accommodation) clean and tidy;
(c)practising good personal hygiene and monitoring his health status in accordance with any written law, advisory, guideline or other similar instrument issued by any competent authority in relation to epidemics and prevention or control of infectious diseases;
(d)reporting to the employer, without delay, if the foreign employee is suffering from or is diagnosed with any of the following symptoms:
(i)coughing;
(ii)sneezing;
(iii)breathlessness;
(iv)a runny nose;
(v)loss of sense of smell or anosmia; and
(e)cooperating with the employer and the operator of any unregulated dormitory or licensed dormitory where the foreign employee is a resident, to enable the employer and operator to carry out their respective obligations under the COVID‑19 (Temporary Measures) (Control Order) Regulations 2020, the Foreign Employee Dormitories Act 2015 and any other relevant written law, in relation to the foreign employee.
Undergoing medical examinations, etc., for disease control
12.  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.”.
Amendment of Fifth Schedule
3.—(1)  Part I of the Fifth Schedule to the principal Regulations is amended by inserting, immediately after paragraph 9, the following paragraphs:
Accommodation in unregulated dormitories
10.—(1)  Where the employer provides accommodation to the foreign employee in an unregulated dormitory that the employer operates or rents from another, the employer must have, or rent an unregulated dormitory the operation of which involves, appropriate policies, procedures and controls that conform to requirements by or under the COVID‑19 (Temporary Measures) (Control Order) Regulations 2020 and the Foreign Employee Dormitories Act 2015 on the operation of dormitories.
(2)  In this paragraph and paragraphs 11, 12 and 13 —
“boarding premises” has the meaning given by section 2(1) of the Foreign Employee Dormitories Act 2015;
“licensed dormitory” means any boarding premises that is the subject of a licence under the Foreign Employee Dormitories Act 2015;
“resident”, in relation to an unregulated dormitory or a licensed dormitory, means any individual, who occupies or enjoys a right to occupy one or more beds or rooms, or spaces within a room, in the dormitory as the individual’s main or only residence in Singapore;
“unregulated dormitory” means boarding premises providing accommodation to 7 or more foreign employees and includes any place converted (temporarily or otherwise) for use as accommodation for 7 or more foreign employees, but excludes —
(a)any boarding premises to which the Foreign Employee Dormitories Act 2015 applies; and
(b)an isolation area within the meaning of section 17 of the Infectious Diseases Act.
Provision of food and daily supplies
11.  The employer must ensure that a foreign employee has access to food and daily supplies when the foreign employee is a resident of an unregulated dormitory or a licensed dormitory.
Movement to and from dormitory, etc., accommodation
12.  The employer must not allow, or cause to be allowed, the foreign employee who is a resident of an unregulated dormitory or a licensed dormitory to leave the dormitory unless the employer is satisfied that the foreign employee —
(a)has permission from the Controller to do so; or
(b)is seeking medical treatment or help in an emergency, or is required by lawful authority to evacuate the dormitory,
and may grant or refuse consent to the foreign employee to leave the dormitory for this purpose.
Cooperating with dormitory operator
13.  If the foreign employee is a resident of an unregulated dormitory or a licensed dormitory, and the employer is not the operator of that dormitory, the employer must cooperate with the operator of that dormitory to enable the operator and the foreign employee to carry out their respective obligations under the COVID‑19 (Temporary Measures) (Control Order) Regulations 2020, the Foreign Employee Dormitories Act 2015 and any other relevant written law, in relation to the foreign employee, which may include giving suitable directions to the foreign employee on minimising physical contact with others and social interactions.
Contact tracing and monitoring employee movements
14.  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 4, 5, 6, 7 and 8 of Part III.”.
(2)  Part III of the Fifth Schedule to the principal Regulations is amended by deleting paragraph 4 and substituting the following paragraphs:
Updating residence
4.  The foreign employee must —
(a)inform without delay the Controller of his mobile telephone number after first acquiring for his use a mobile telephone; and
(b)for so long as the foreign employee’s work permit is valid, inform the Controller about any change to the address of his place of residence in Singapore (other than on the direction of the employer) or to his mobile telephone number, within 5 days after that change.
Movement to and from dormitory, etc.
5.—(1)  If the foreign employee is a resident of an unregulated dormitory or a licensed dormitory, the employee must not leave the dormitory unless the foreign employee —
(a)has prior permission from the Controller to do so, and the prior consent of the employer under paragraph 12 of Part I; or
(b)is seeking medical treatment or help in an emergency, or is required by lawful authority to evacuate the dormitory.
(2)  In this paragraph and paragraphs 6 and 7 —
“boarding premises” has the meaning given by section 2(1) of the Foreign Employee Dormitories Act 2015;
“licensed dormitory” means any boarding premises that is the subject of a licence under the Foreign Employee Dormitories Act 2015;
“resident”, in relation to an unregulated dormitory or a licensed dormitory, means any individual, who occupies or enjoys a right to occupy one or more beds or rooms, or spaces within a room, in the dormitory as the individual’s main or only residence in Singapore;
“unregulated dormitory” means boarding premises providing accommodation to 7 or more foreign employees and includes any place converted (temporarily or otherwise) for use as accommodation for 7 or more foreign employees, but excludes —
(a)any boarding premises to which the Foreign Employee Dormitories Act 2015 applies; and
(b)an isolation area within the meaning of section 17 of the Infectious Diseases Act.
Adhering to safe management measures, etc.
6.  The foreign employee must comply with the lawful instructions from the employer, and the operator of any unregulated dormitory or licensed dormitory where he is a resident, which are given to the foreign employee by the employer or operator (as the case may be) for the purpose of —
(a)contact tracing (within the meaning of the Infectious Diseases Act); and
(b)safe management by or under the COVID‑19 (Temporary Measures) (Control Order) Regulations 2020.
Responsibility for personal hygiene, health, etc.
7.  The foreign employee is responsible for —
(a)complying with requirements in the COVID‑19 (Temporary Measures) (Control Order) Regulations 2020 on —
(i)mask‑wearing when outside his place of residence (such as but not limited to when using shared facilities in an unregulated dormitory, a licensed dormitory or any other accommodation);
(ii)maintaining a distance from other individuals; and
(iii)minimising physical interactions with other individuals;
(b)keeping his living space (whether in an unregulated dormitory, a licensed dormitory or any other accommodation) clean and tidy;
(c)practising good personal hygiene and monitoring his health status in accordance with any written law, advisory, guideline or other similar instrument issued by any competent authority in relation to epidemics and prevention or control of infectious diseases;
(d)reporting to the employer, without delay, if the foreign employee is suffering from or is diagnosed with any of the following symptoms:
(i)coughing;
(ii)sneezing;
(iii)breathlessness;
(iv)a runny nose;
(v)loss of sense of smell or anosmia; and
(e)cooperating with the employer and the operator of any unregulated dormitory or licensed dormitory where the foreign employee is a resident, to enable the employer and operator to carry out their respective obligations under the COVID‑19 (Temporary Measures) (Control Order) Regulations 2020, the Foreign Employee Dormitories Act 2015 and any other relevant written law, in relation to the foreign employee.
Undergoing medical examinations, etc., for disease control
8.  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.”.
[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]
Made on 1 June 2020.
AUBECK KAM
Permanent Secretary,
Ministry of Manpower,
Singapore.
[HQ/Legis/EFMA/EFMR_Jun2020; AG/LEGIS/SL/91A/2020/1 Vol. 1]
(To be presented to Parliament under section 29(3) of the Employment of Foreign Manpower Act).