6. The Fourth Schedule to the principal Regulations is amended —(a) | by deleting the word “regulation,” in paragraph 4 of Part I and paragraph 2 of Part III; | (b) | by deleting the words “the Government” in paragraph 4 of Part I and paragraph 2 of Part III and substituting in each case the words “any competent authority”; | (c) | by deleting the words “the salary (including allowances)” in paragraph 6 of Part I and paragraph 3 of Part III and substituting in each case the words “not less than the fixed monthly salary”; | (d) | by deleting paragraph 7 of Part I and substituting the following paragraph:“7. Except where the foreign employee is on no-pay leave outside Singapore, the employer shall, regardless of whether there is actual work for the foreign employee but subject to any other written law, pay the foreign employee not less than —(a) | the amount declared as the fixed monthly salary in the work pass application submitted to the Controller in relation to the foreign employee; or | (b) | if the amount of fixed monthly salary is at any time subsequently revised in accordance with paragraph 5A of Part II, the last revised amount. |
Such payment must be made not later than 7 days after the end of each salary period, which shall be agreed between the employer and the employee and which in no case shall exceed one month.”; |
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| (e) | by inserting, immediately after paragraph 7 of Part I, the following paragraphs:“7A. In paragraphs 6, 7 and 7B, “fixed monthly salary” means the sum of basic monthly salary and fixed monthly allowances. |
7B. In paragraph 7, “revised amount” means the fixed monthly salary that is revised in accordance with paragraph 5A of Part II. |
7C. “Basic monthly salary” means all remuneration payable monthly to a foreign employee that does not vary from month to month on any basis in respect of work done under his contract of service. However, basic monthly salary does not include —(a) | any allowances however described; | (b) | any form of overtime payment, bonus, commission or annual wage supplements; | (c) | any in-kind payments; | (d) | any form of reimbursements, including for expenses incurred by the foreign employee in the course of his employment; | (e) | any productivity incentive payments; | (f) | any contributions payable by the employer to any pension or provident fund, including any contributions made on the foreign employee’s behalf; or | (g) | any gratuity payable on the discharge, retrenchment or retirement of the foreign employee. |
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7D. “Fixed monthly allowances” means all allowances payable monthly to a foreign employee that do not vary from month to month on any basis. However, fixed monthly allowances shall not include any payments listed in paragraph 7C(b) to (g).”; |
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| (f) | by inserting, immediately after paragraph 20 of Part I, the following paragraphs:“20A. The employer shall be responsible for and bear the costs of the upkeep and maintenance of the foreign employee in Singapore. This includes the provision of adequate food as well as medical treatment. |
20B. The employer shall ensure that the foreign employee has acceptable accommodation in Singapore. Such accommodation must be in accordance with the requirements in any written law, directive, guideline, circular or other similar instrument issued by any competent authority.”; |
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| (g) | by inserting, immediately after paragraph 5 of Part II, the following paragraphs:“5A.—(1) The employer shall not —(a) | reduce the foreign employee’s basic monthly salary or fixed monthly allowances to an amount less than that declared as such in the work pass application submitted to the Controller in relation to the foreign employee; or | (b) | increase the amount of fixed monthly deductions to more than that declared as such in the work pass application submitted to the Controller in relation to the foreign employee, |
except with the foreign employee’s prior written agreement. |
(2) Before implementing such reduction or increase, as the case may be, the employer shall inform the Controller in writing of the proposed reduction or increase, as the case may be. |
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5B. In paragraph 5A —“basic monthly salary” means all remuneration payable monthly to a foreign employee that does not vary from month to month on any basis in respect of work done under his contract of service. However, basic monthly salary does not include —(a) | any allowances however described; | (b) | any form of overtime payment, bonus, commission or annual wage supplements; | (c) | any in-kind payments; | (d) | any form of reimbursements, including for expenses incurred by the foreign employee in the course of his employment; | (e) | any productivity incentive payments; | (f) | any contributions payable by the employer to any pension or provident fund, including any contributions made on the foreign employee’s behalf; or | (g) | any gratuity payable on the discharge, retrenchment or retirement of the foreign employee; |
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“fixed monthly allowances” means all allowances payable monthly to a foreign employee that do not vary from month to month on any basis. However, fixed monthly allowances shall not include any payments listed in paragraphs (b) to (g) of the definition of “basic monthly salary”.”; |
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| (h) | by deleting paragraph 1 of Part III and substituting the following paragraphs:“1. The employer shall be responsible for and bear the costs of the foreign employee’s upkeep (excluding the provision of food) and maintenance in Singapore. This includes the provision of medical treatment, except that and subject to paragraphs 1A and 1B, the foreign employee may be made to bear part of any medical costs in excess of the minimum mandatory coverage if —(a) | the part of the medical costs to be paid by the foreign employee forms not more than 10% of the employee’s fixed monthly salary per month; | (b) | the period for which the foreign employee has to pay part of any medical costs must not exceed an aggregate of 6 months of his period of employment with the same employer; and | (c) | the foreign employee’s agreement to pay part of any medical costs is stated explicitly in the foreign employee’s employment contract or collective agreement. |
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1A. In the case where a foreign employee has, prior to 3rd September 2013, been made to bear part of any medical costs in excess of the minimum mandatory coverage in accordance with paragraph 1(a) and (c) for an aggregate period of less than 6 months (referred to as the first period) during his employment with an employer, the foreign employee may continue to be made to bear part of such medical costs in accordance with paragraph 1(a) and (c) on or after 3rd September 2013 for an aggregate period not exceeding the difference between 6 months and the first period if the foreign employee continues in the employment of the same employer. |
1B. In the case where a foreign employee has, prior to 3rd September 2013, been made to bear part of any medical costs in excess of the minimum mandatory coverage in accordance with paragraph 1(a) and (c) for an aggregate period of 6 months or more during his employment with an employer, the foreign employee shall not be made to bear any more medical costs with effect from 3rd September 2013 while he remains in the employment of the same employer.”; |
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| (i) | by deleting paragraph 4 of Part III and substituting the following paragraphs:“4. Except where the foreign employee is on no-pay leave outside Singapore, the employer shall, regardless of whether there is actual work for the foreign employee but subject to any other written law, pay the foreign employee not less than —(a) | the amount declared as the fixed monthly salary in the work pass application submitted to the Controller in relation to the foreign employee; or | (b) | if the amount of fixed monthly salary is at any time subsequently revised in accordance with paragraph 6A of Part IV, the last revised amount. |
Such payment must be made not later than 7 days after the end of each salary period, which shall be agreed between the employer and the employee and which in no case shall exceed one month. |
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4A. In paragraphs 1, 3, 4 and 4B, “fixed monthly salary” means the sum of basic monthly salary and fixed monthly allowances. |
4B. In paragraph 4, “revised amount” means the fixed monthly salary that is revised in accordance with paragraph 6A of Part IV. |
4C. “Basic monthly salary” means all remuneration payable monthly to a foreign employee that does not vary from month to month on any basis in respect of work done under his contract of service. However, basic monthly salary does not include —(a) | any allowances however described; | (b) | any form of overtime payment, bonus, commission or annual wage supplements; | (c) | any in-kind payments; | (d) | any form of reimbursements, including for expenses incurred by the foreign employee in the course of his employment; | (e) | any productivity incentive payments; | (f) | any contributions payable by the employer to any pension or provident fund, including any contributions made on the foreign employee’s behalf; or | (g) | any gratuity payable on the discharge, retrenchment or retirement of the foreign employee. |
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4D. “Fixed monthly allowances” means all allowances payable monthly to a foreign employee that do not vary from month to month on any basis. However, fixed monthly allowances shall not include any payments listed in paragraph 4C(b) to (g).”; |
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| (j) | by inserting, immediately after paragraph 11 of Part III, the following paragraphs:“11A. The employer shall be responsible for and bear the costs of the upkeep (including the provision of food and medical treatment) and maintenance of the foreign employee in Singapore. |
11B. The employer shall ensure that the foreign employee has acceptable accommodation in Singapore. Such accommodation must be in accordance with the requirements in any written law, directive, guideline, circular or other similar instrument issued by any competent authority.”; |
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| (k) | by deleting the words “The responsibility” in paragraph 16 of Part III and substituting the words “The employer shall ensure that the foreign employee has acceptable accommodation in Singapore. Such accommodation must be in accordance with the requirements in any written law, directive, guideline, circular or other similar instrument issued by any competent authority. These responsibilities”; | (l) | by inserting, immediately after paragraph 6 of Part IV, the following paragraphs:“6A.—(1) The employer shall not —(a) | reduce the foreign employee’s basic monthly salary or fixed monthly allowances to an amount less than that declared as such in the work pass application submitted to the Controller in relation to the foreign employee; or | (b) | increase the amount of fixed monthly deductions to more than that declared as such in the work pass application submitted to the Controller in relation to the foreign employee, |
except with the foreign employee’s prior written agreement. |
(2) Before implementing such reduction or increase, as the case may be, the employer shall inform the Controller in writing of the proposed reduction or increase, as the case may be. |
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6B. In paragraph 6A —“basic monthly salary” means all remuneration payable monthly to a foreign employee that does not vary from month to month on any basis in respect of work done under his contract of service. However, basic monthly salary does not include —(a) | any allowances however described; | (b) | any form of overtime payment, bonus, commission or annual wage supplements; | (c) | any in-kind payments; | (d) | any form of reimbursements, including for expenses incurred by the foreign employee in the course of his employment; | (e) | any productivity incentive payments; | (f) | any contributions payable by the employer to any pension or provident fund, including any contributions made on the foreign employee’s behalf; or | (g) | any gratuity payable on the discharge, retrenchment or retirement of the foreign employee; |
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“fixed monthly allowances” means all allowances payable monthly to a foreign employee that do not vary from month to month on any basis. However, fixed monthly allowances shall not include any payments listed in paragraphs (b) to (g) of the definition of “basic monthly salary”.”; and |
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| (m) | by inserting, immediately after Part VI, the following Part:REGULATORY CONDITIONS TO BE COMPLIED WITH BY FOREIGN EMPLOYEE ISSUED WITH WORK PERMIT |
1. The foreign employee shall not do any of the following without the prior written approval of the Controller:(a) | apply for registration under the Business Registration Act (Cap. 32) to carry on any business in Singapore; | (b) | carry on or manage any business in Singapore; | (c) | be or purport to be a director, manager or secretary of any company that is incorporated under the Companies Act (Cap. 50); | (d) | be or purport to be a partner of any partnership that is formed in Singapore; | (e) | be or purport to be a partner or manager of any limited liability partnership that is registered under the Limited Liability Partnerships Act (Cap. 163A); | (f) | be or purport to be a general partner or limited partner of any limited partnership that is formed in accordance with the Limited Partnerships Act (Cap. 163B).”. |
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