Employment of Foreign Manpower (Work Passes) (Amendment No. 2) Regulations 2009

No. S 443

Employment of Foreign Manpower Act

(Chapter 91A)

Employment of Foreign Manpower (Work Passes) (Amendment No. 2) Regulations 2009

In exercise of the powers conferred by section 29 of the Employment of Foreign Manpower Act, 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 2009 and shall come into operation on 1st October 2009.

New regulation 1A

2. The Employment of Foreign Manpower (Work Passes) Regulations 2007 (G.N. No. S 339/2007) (referred to in these Regulations as the principal Regulations) are amended by inserting, immediately after regulation 1, the following regulation:

“Definition

1A. In these Regulations, unless the context otherwise requires, “dependant”, in relation to a foreign employee, means any member of the foreign employee’s family, including his spouse, parent, parent-in-law, child, adopted child and any relative living with or dependent on him.”.

Amendment of regulation 5

3. Regulation 5 of the principal Regulations is amended by deleting paragraph (3) and substituting the following paragraph:

“(3) Every S pass issued to a foreign employee shall be subject to —

(a)	the condition set out in Part I of the Second Schedule, being a condition to be complied with by him; and
(b)	the conditions set out in Part II of the Second Schedule, being conditions to be complied with by his employer.”.

Amendment of regulation 6

4. Regulation 6 of the principal Regulations is amended by deleting paragraph (4) and substituting the following paragraph:

“(4) Every employment pass issued to a foreign employee shall be subject to the condition set out in the Third Schedule, being a condition to be complied with by him.”.

Amendment of regulation 14

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

Amendment of regulation 16

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

Amendment of First Schedule

7. The First Schedule to the principal Regulations is amended —

(a)	by deleting the words “Regulations 4(3) and 5(3)” in the Schedule reference and substituting the words “Regulation 4(3)”;
(b)	by deleting the words “OR S PASS” in the heading; and
(c)	by deleting the words “or S Pass” in paragraph 2(a).

Renaming of Second Schedule and new Second and Third Schedules

8. The principal Regulations are amended —

(a)

by renaming the existing Second Schedule as the Fourth Schedule; and

(b)

by inserting, immediately after the First Schedule, the following Schedules:

“SECOND SCHEDULE

Regulation 5(3)(a) and (b)

Conditions of S Pass

Part I

Condition to be Complied With by Foreign Employee

Obligation to update residential address

1. The foreign employee shall, for so long as his S pass is valid, inform the Controller of his residential address, in such form or manner as the Controller may determine, within 5 days after the commencement of his employment in Singapore or after any change of his residential address, as the case may be.

Part II

Conditions 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 an 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.

THIRD SCHEDULE

Regulation 6(4)

Condition of Employment Pass to be Complied With by Foreign Employee

Obligation to update residential address

1. The foreign employee shall, for so long as his employment pass is valid, inform the Controller of his residential address, in such form or manner as the Controller may determine, within 5 days after the commencement of his employment in Singapore or after any change of his residential address, as the case may be.”.

[G.N. Nos. S 636/2007; S 45/2008; S 360/2008; S 307/2009]

Made this 25th day of September 2009.

LEO YIP

Permanent Secretary,
Ministry of Manpower,
Singapore.

[WPD/Planning & Policies/Work Permit Conditions; AG/LEG/SL/91A/2003/2 Vol. 2]

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

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