Employment of Foreign Manpower (Work Passes) Regulations 2012

FOURTH SCHEDULE

Regulation 4(2) to (5)

Conditions and regulatory conditions of work permit

Part I

Conditions to be Complied With by Employer of Foreign
Employee Who Is Domestic Worker ISSUED WITH WORK PERMIT

1. 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.

2. The employer shall provide safe working conditions and take such measures as are necessary to ensure the safety and health of the foreign employee at work. This includes —

(a)

not permitting the foreign employee to clean the outward facing side of any window not located on the ground level or not facing a common corridor if the window is not fitted with a grille securing against any adult extending any part of his body beyond the window ledge except his arms; and

(b)

in the case of a window referred to in sub-paragraph (a) fitted with a grille of the description specified in that sub-paragraph, not permitting the foreign employee to clean the outward facing side of the window unless at all times during the cleaning process —

(i)	the grille is locked or secured in a manner that prevents the grille from being opened;
(ii)	the foreign employee remains inside the room;
(iii)	no part of the foreign employee’s body extends beyond the window ledge except the arms; and
(iv)	the foreign employee is supervised by the employer, or an adult representative of the employer, who is reasonably capable of conducting such supervision and is aware of the requirements in sub-paragraphs (i), (ii) and (iii).

3. Subject to paragraph 2, the employer shall, so far as is reasonably practicable, ensure that the life or personal safety of the foreign employee is not endangered during and in the course of employment, and that the foreign employee acts in a manner which is in accordance with the work practices stipulated by the Controller in its training courses and relevant safety and training materials.

4. The employer shall provide acceptable accommodation for the foreign employee. Such accommodation must be consistent with any written law, regulation, directive, guideline, circular or other similar instrument issued by the Government.

5. The employer shall ensure that the foreign employee resides at the residential address stated in the work permit.

6. The employer shall pay the salary (including allowances) due to the foreign employee not later than 7 days after the last day of the salary period. Any salary period agreed between the employer and foreign employee shall not exceed one month.

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, and subject to any written law, pay the foreign employee no less than the basic salary amount declared in the application for a work permit submitted to the Controller.

8. The employer shall bear any medical expenses incurred by the foreign employee for any medical examination required by the Controller.

9. The employer shall not ill-treat the foreign employee, and shall not cause or knowingly permit the foreign employee to be ill-treated by any other person. A foreign employee is ill-treated if —

(a)	the foreign employee is subjected to physical or sexual abuse, or to criminal intimidation;
(b)	the employer or other person does, or causes the foreign employee to do, any act which causes or is likely to cause injury to the health or safety of the foreign employee;
(c)	the employer or other person neglects or abandons the foreign employee in circumstances which cause or are likely to cause injury to the health or safety of the foreign employee; or
(d)	the employer or other person commits an act detrimental to the welfare of the foreign employee.

10. The employer of the foreign employee shall grant the foreign employee —

(a)	adequate rest daily; and
(b)	where the work permit is issued or renewed before 1st January 2013, rest day(s) in accordance with the terms of the employment contract between them.

11. Paragraphs 12, 13 and 14 shall apply to any work permit issued on or after 1st January 2013 pursuant to any application for new or renewal work permit.

12. Subject to paragraph 13, the employer shall grant the foreign employee a rest day without pay for every 7-day period (including Sunday and public holidays). The rest day must be any day within the 7-day period and must be mutually agreed between the employer and the foreign employee.

13. Notwithstanding paragraph 12, the employer does not have to grant a rest day to the foreign employee if there is a prior written agreement mutually agreed between the employer and the foreign employee —

(a)

for the foreign employee to work in lieu of the rest day; and

(b)

for the foreign employee to be compensated for working in lieu of the rest day with either —

(i)	a replacement rest day without pay. The replacement rest day must be a day within the same month as the rest day to be taken and must be mutually agreed between the employer and the foreign employee; or
(ii)	a monetary compensation which shall not be less than the rate of pay for one day’s work of the foreign employee,

and the foreign employee is compensated in accordance with the prior written agreement.

14. For the purposes of paragraphs 12 and 13 —

(a)	a Sunday or public holiday shall be regarded as a rest day only if the employer and foreign employee mutually agree that the Sunday or public holiday is a rest day;
(b)	if a 7-day period referred to in paragraph 12 falls between 2 months, the employer and the foreign employee shall mutually agree on a day within either of the 2 months to be the replacement rest day;
(c)	the prior written agreement referred to in paragraph 13 must be mutually agreed between the employer and the foreign employee prior to the foreign employee working in lieu of the rest day;
(d)	in calculating the rate of pay for one day’s work under paragraph 13(b)(ii), the rate of pay for one day’s work shall be the foreign employee’s monthly rate of pay divided by 26; and
(e)	any monetary compensation provided in lieu of the rest day must be paid by the employer to the foreign employee together with the next earliest monthly salary due to the foreign employee.

15. The employer shall not cause or knowingly permit the foreign employee to be engaged in any illegal, immoral or undesirable conduct or activity.

16. The employer shall not retain possession of the foreign employee’s original work permit and visit pass and shall allow the foreign employee to retain possession of the foreign employee’s work permit and visit pass.

17. The employer shall inform the Controller of any change to the employer’s residential address stated in the work pass application form within 14 days after such a change.

18. If the foreign employee dies while in Singapore, the employer shall —

(a)

bear the cost of either —

(i)	burial of the body in Singapore;
(ii)	cremation of the body in Singapore and return of the ashes to the country of origin; or
(iii)	return of the body to the country of origin,

with the foreign employee’s family deciding on burial, cremation or return of the body;

(b)

bear the cost of returning the foreign employee’s belongings to the foreign employee’s family; and

(c)

pay to the administrators of the foreign employee’s estate any outstanding salaries or moneys due from the employer to the foreign employee.

19. The employer shall not demand or receive any sum or other benefit from an employment agency or any other person in connection with the employment or change in employment of a foreign employee.

Cancellation of work permit and visit pass and duties before or upon repatriation of foreign employee

20. The employer shall return the work permit and visit pass to the Controller within 7 days after the cancellation of the work permit.

21. Subject to paragraph 22, the employer shall repatriate the foreign employee to the international port of entry that affords reasonable access to the foreign employee’s hometown within the foreign employee’s home country when the work permit or visit pass of the employee expires or is cancelled or revoked and if the employee is not earlier employed by another employer. In the event of any dispute about the international port of entry to which the foreign employee shall be repatriated, the dispute shall be referred to the Controller, whose decision shall be final.

22. The employer may repatriate the foreign employee to a destination other than that specified in paragraph 21 —

(a)	if the foreign employee so requests, and the Controller is informed by the employer of the employer’s intention to do so, before the repatriation occurs; or
(b)	if the Controller so determines.

23. The employer shall bear the cost associated with repatriating the foreign employee at any time except where the Controller permits otherwise. The employer shall ensure that all outstanding salaries or moneys due from the employer to the foreign employee have been paid before the foreign employee’s repatriation.

Part II

REGULATORY CONDITIONS TO BE COMPLIED WITH BY EMPLOYER
OF FOREIGN EMPLOYEE WHO IS DOMESTIC WORKER ISSUED WITH
WORK PERMIT

1. The employer shall control and supervise the foreign employee. The foreign employee shall be under the employer’s direct employment.

2. The employer shall not permit the foreign employee to be employed by or contracted to any other person or business to do work for that person or business.

3. The employer shall employ the foreign employee to only perform household and domestic duties at the residential address as stated in the work permit.

5. If the foreign employee so requests, the foreign employee’s salary shall be paid through direct transfer into the foreign employee’s bank account in a bank established in Singapore. The employer shall maintain a record of the monthly salary paid to the foreign employee that is accessible to the foreign employee upon request and produce the record upon request by any public officer acting in his official capacity.

6. The employer shall send the foreign employee for a medical examination by a medical practitioner registered under the Medical Registration Act (Cap. 174) as and when directed by the Controller.

7. If the foreign employee contravenes any of the work permit conditions applicable to the foreign employee, and the employer has knowledge of the contravention, the employer shall inform the Controller and, if required by the Controller, apply for the cancellation of the foreign employee’s work permit and visit pass and comply with any other instruction from the Controller with respect to the contravention.

8. The employer shall pay the monthly foreign employee levy through General Interbank Recurring Order (GIRO) or by such other means as may be approved by the Controller in writing.

9. If the foreign employee goes missing, the employer shall inform the Controller within 7 days after the employer becomes aware of the foreign employee going missing.

10. If the foreign employee dies while in Singapore, the employer shall inform the Controller within 12 hours after the employer becomes aware of the foreign employee’s death.

Cancellation of work permit and visit pass and duties before or upon repatriation of foreign employee

11. The employer shall apply for the cancellation of the work permit and visit pass of the foreign employee when the employment of the foreign employee ceases. The employer shall inform the Controller in writing within 7 days after such cessation of employment.

12. The employer shall give the foreign employee reasonable notice of the foreign employee’s repatriation.

Part III

Conditions to be Complied With by Employer of Foreign
Employee Who Is Not Domestic Worker, WHO IS ISSUED WITH
WORK PERMIT

Upkeep, maintenance and well-being

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 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 monthly salary; and
(b)	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.

2. The employer shall provide safe working conditions and take such measures as are necessary to ensure the safety and health of the foreign employee at work. The employer shall also ensure the foreign employee has acceptable accommodation. Such accommodation must be consistent with any written law, regulation, directive, guideline, circular or other similar instrument issued by the Government.

3. The employer shall pay the salary (including allowances) due to the foreign employee not later than 7 days after the last day of the salary period. Any salary period agreed between the employer and the foreign employee shall not exceed one month.

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, and subject to any written law, pay the foreign employee no less than the basic salary amount declared in the application for a work permit submitted to the Controller.

5. The employer shall bear any medical expense incurred by the foreign employee for any medical examination required by the Controller.

6. The employer shall register or update the foreign employee’s accommodation address in such form or manner as the Controller may determine, within 5 days of the foreign employee moving to a new address. Unless specified, this condition applies as long as the foreign employee is not repatriated.

7. The employer shall not retain possession of the foreign employee’s original work permit and visit pass and shall allow the foreign employee to retain possession of the foreign employee’s work permit and visit pass.

8. The employer shall inform the Controller of any change to the business address stated in the work pass application form within 14 days after such a change.

9. If the foreign employee dies while in Singapore, the employer shall —

(a)

bear the cost of either —

(i)	burial of the body in Singapore;
(ii)	cremation of the body in Singapore and return of the ashes to the country of origin; or
(iii)	return of the body to the country of origin,

with the foreign employee’s family deciding on burial, cremation or return of the body;

(b)

bear the cost of returning the foreign employee’s belongings to the foreign employee’s family; and

(c)

pay to the administrators of the foreign employee’s estate any outstanding salaries or moneys due from the employer to the foreign employee.

10. The employer shall not demand or receive any sum or other benefit from an employment agency or any other person in connection with the employment or change in employment of a foreign employee.

Cancellation of work permit and visit pass and duties before or upon repatriation of foreign employee

11. The employer shall return the work permit and visit pass to the Controller within 7 days after the cancellation of the work permit.

12. Subject to paragraph 13, the employer shall repatriate the foreign employee to the international port of entry that affords reasonable access to the foreign employee’s hometown within the foreign employee’s home country when the foreign employee’s work permit or visit pass expires or is cancelled or revoked and if the foreign employee is not earlier employed by another employer. In the event of any dispute about the international port of entry to which the foreign employee shall be repatriated, the dispute shall be referred to the Controller, whose decision shall be final.

13. The employer may repatriate the foreign employee to a destination other than that specified in paragraph 12 —

(a)	if the foreign employee so requests, and the Controller is informed by the employer of the employer’s intention to do so, before the repatriation occurs; or
(b)	if the Controller so determines.

14. The employer shall bear the costs associated with repatriating the foreign employee at any time except where the Controller permits otherwise. The employer shall ensure that all outstanding salaries or moneys due from the employer to the foreign employee have been paid before the foreign employee’s repatriation.

15. Unless requested by the Controller of Immigration or the Controller of Work Passes, the employer shall not repatriate the foreign employee when such repatriation would frustrate or deny any statutory claim that has been filed or is intended to be filed by the foreign employee for salary arrears under the Employment Act (Cap. 91) or work injury compensation under the Work Injury Compensation Act (Cap. 354).

16. The employer shall continue to 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 who is awaiting resolution and payment of any statutory claims for salary arrears under the Employment Act, or work injury compensation under the Work Injury Compensation Act. The responsibility shall cease upon resolution and payment of the statutory claim or work injury compensation.

Part IV

REGULATORY CONDITIONS TO BE COMPLIED WITH BY EMPLOYER
OF FOREIGN EMPLOYEE WHO IS NOT DOMESTIC WORKER, WHO IS
ISSUED WITH WORK PERMIT

Employment

1. The employer shall control and supervise the foreign employee. Except as provided in paragraphs 6 to 12 of Part V, the foreign employee shall be under the employer’s direct employment.

2. The employer shall not permit the foreign employee to be employed by or contracted to any other person or business to do work for that person or business.

3. The employer shall not employ the foreign employee in either an occupation or a sector which is different from that specified in the work permit.

4. The employer shall purchase and maintain medical insurance with coverage of at least $15,000 per 12-month period of the foreign employee’s employment (or for such shorter period where the foreign employee’s period of employment is less than 12 months) for the foreign employee’s in-patient care and day surgery except as the Controller may otherwise provide by notification in writing. Where the employer purchases group medical insurance policy for his foreign employees, the employer shall not be considered to have satisfied the obligation under this condition unless the terms of the employer’s group medical insurance policy are such that each and every individual foreign employee is concurrently covered to the extent required under the conditions in this Part.

5. If the foreign employee so requests, the foreign employee’s salary shall be paid via direct transfer into the foreign employee’s bank account in a bank established in Singapore.

6. The employer shall maintain a record of the monthly salary paid to the foreign employee and produce the record upon request by any public officer acting in his official capacity.

7. The employer shall send the foreign employee for a medical examination by a medical practitioner registered under the Medical Registration Act (Cap. 174) as and when directed by the Controller.

8. If the foreign employee contravenes any of the work permit conditions applicable to the foreign employee, and the employer has knowledge of the contravention, the employer shall inform the Controller and, if required by the Controller, apply for the cancellation of the foreign employee’s work permit and visit pass and comply with any other instruction from the Controller with respect to the contravention.

9. The employer shall pay the monthly foreign employee levy through General Interbank Recurring Order (GIRO) or by such other means as may be approved by the Controller in writing.

10. If the foreign employee goes missing, the employer shall inform the Controller within 7 days after the employer becomes aware of the foreign employee going missing.

11. If the foreign employee dies while in Singapore, the employer shall inform the Controller within 12 hours after the employer becomes aware of the foreign employee’s death.

Cancellation of work permit and visit pass and duties before or upon repatriation of foreign employee

12. The employer shall apply for the cancellation of the work permit and visit pass of the foreign employee when the employment of the foreign employee ceases. The employer shall inform the Controller in writing within 7 days after such cessation of employment.

13. The employer shall give the foreign employee reasonable notice of the foreign employee’s repatriation.

Part V

ADDITIONAL REGULATORY CONDITIONS TO BE COMPLIED
WITH BY EMPLOYER OF FOREIGN EMPLOYEE WHO IS
CONSTRUCTION WORKER

Definitions of this Part

1. In this Part —

“construction site” means any worksite for the purpose of general building construction or civil engineering works;

“employer” means the employer of a foreign employee to whom these conditions apply.

Specified activities

2. The employer may allow the foreign employee to perform any of the following specified activities:

Basic construction

(1)	erection of any building or part thereof;

(2)	renovation of any building or part thereof;

(3)	installation of roofs;

(4)	waterproofing of basement, roofs and wall;

(5)	erection of perimeter fences and gates;

(6)	concrete repairs, which encompass the reinforcement of structures and joints through the use of cement-sand-mortar mix, the injection of slurry into the joints and cracks in concrete structures, and the application of spraying of cement-sand-mortar onto surfaces of reinforced concrete works;

(7)	repainting and minor non-structural repair of buildings and existing structures;

Roadworks

(8)	marking and painting of roads;

(9)	laying asphalt;

(10)	laying underground pipes and the subsequent reinstatement of roads and other surfaces;

(11)	installation of underground cables and subsequent reinstatement of roads and other surfaces;

Specialised installation activities

(12)	installation of integrated signposting systems for complexes, airports and shopping centres;

(13)	installation of cold rooms and ventilation systems;

(14)	installation of microprocessor or computer based control systems, such as integrated environmental control, fire and security computer control systems, and industrial process control systems;

(15)	installation of communications system, such as intercom and wireless radio, and security systems, such as closed circuit television, security alarms, car park security control and card access systems;

(16)	installation of central antenna television systems;

(17)	installation of electrical based systems such as switch gears, transformers and large generators, including electrical installations in buildings;

(18)	installation of fire alarms, fire prevention and fire protection systems;

(19)	installation of low-tension and high-tension overhead wires, and poles for overhead cable and street lighting;

(20)	installation of lifts, escalators and travelators;

(21)	installation of mechanical plant, machinery, power generators and turbines systems;

(22)	installation of aluminium, steel, steel alloy and timber structural components, metal scaffolds and curtain walls;

(23)	installation of water and gas pipes, sanitary works and plumbing fixtures;

(24)	installation of traffic light systems, and the setting-up of signs along roads;

(25)	installation of all heavy sheet piles, driven precast reinforced and prestressed concrete piles, bored cast-in-situ piles and timber piles;

Telecommunication works

(26)	laying underground telecommunication cables;

(27)	laying underground pipes for the purposes of telecommunications;

(28)	wiring work within a building for telecommunication purposes;

Earthworks and soil sampling

(29)	excavation and earthmoving works;

(30)	collection of or removing earth samples for the purpose of investigation and testing services to determine soil classification, strength and composition, and soil stabilisation works such as micro piling, ground anchoring, sand drains and ground grouting;

Landscaping works

(31)	provision of landscaping works, excluding grass cutting and nursery works;

Demolition works

(32)	general demolition works;

Marine construction works

(33)	works involving marine piling and the construction of marine structures such as jetties, wharves, sea and river walls;

Dredging and land reclamation works

(34)	works involving the dredging of canals, rivers and offshore waters for the purpose of deepening;

(35)	works involving the reclamation of land;

Corrosion protection works

(36)	corrosion protection works on metal surfaces and structures, including processes such as cathodic, anodic and electrolytic protection;

Driving

(37)	driving vehicles within construction sites, and shall not include driving vehicles in the course of work on public roads.

3. The employer may allow the foreign employee to only perform the specified activities at construction sites, except that the following fabrication works may be performed at or outside a construction site:

Fabrication works

(a)	the fabrication of structural precast concrete products, such as slab panels, wall panels, column and beams; and
(b)	the fabrication of prefabricated steel reinforcement products, such as beam cages and pile cap cages.

4. Subject to paragraph 6, the employer shall not permit the foreign employee to be employed by or contracted to any other person or business to do work for that person or business.

5. Subject to paragraph 8(b), the foreign employee shall be under the employer’s direct employment, and the employer shall control and supervise the foreign employee and ensure that the foreign employee performs only the specified activities.

6. Notwithstanding paragraph 4, an employer may, with the consent of the foreign employee, enter into a contract for the supply of labour with an eligible third party engaged in the construction industry, in relation to a foreign employee to whom the regulatory conditions in this Part and the conditions in Part VI apply.

7. The employer shall verify the eligibility of the third party with the Controller, through such means as may be provided by the Controller, before entering into any such contract for the supply of labour.

8. Any such contract for the supply of labour shall provide that —

(a)	the third party shall ensure that the foreign employee is not sent to work for any other person or business;
(b)	the third party or his employees shall supervise the foreign employee and ensure that the foreign employee performs only the specified activities as work for the third party;
(c)	the third party shall notify and update the employer of the particular specified activities that the foreign employee will perform;
(d)	the third party shall notify and update the employer of the worksite address where the foreign employee will work;
(e)	the third party shall produce the foreign employee to the employer once the foreign employee’s services are no longer required, and the contract for the supply of labour in respect of the foreign employee shall be deemed terminated;
(f)	the third party shall produce the foreign employee to the employer if the contract for the supply of labour is terminated by either party, for whatsoever reason;
(g)	the third party shall inform the employer immediately if the foreign employee goes missing; and
(h)	the third party shall not retain the original work permit and visit pass and shall allow the foreign employee to retain the foreign employee’s work permit and visit pass.

9. The employer shall specify in the contract for the supply of labour that any breach by the third party of the contractual provisions stated in paragraph 8 shall be a material breach of the contract between them and the contract for the supply of labour for all foreign employees shall be deemed terminated.

10. Subject to the terms specified in paragraph 8, no other responsibilities of the employer as specified in the conditions in this Schedule shall be delegated to the third party.

11. The contract for the supply of labour shall be in writing, a copy of which shall be retained for a period of no less than 2 years from the date of execution.

12. Where the contract for the supply of labour is terminated or where the foreign employee is no longer working for the third party for any reason, the employer shall take all necessary measures to resume compliance with paragraphs 4 and 5 as if there was no contract for the supply of labour.

Part VI

Conditions to be Complied With by Foreign Employee
ISSUED WITH WORK PERMIT

Employment

1. The foreign employee shall work only for the employer specified and in the occupation and sector specified in the work permit.

2. Where the foreign employee whose occupation as stated in the work permit is that of a “domestic worker”, the foreign employee shall only perform household and domestic duties and reside at the employer’s residential address or residential premises as stated in the work permit and visit pass.

3. Except for a foreign employee whose occupation as stated in the work permit is that of a “domestic worker”, the foreign employee shall reside at the address indicated by the employer to the foreign employee upon the commencement of employment of the foreign employee and shall inform the employer about any subsequent self-initiated change in residential address.

4. The foreign employee shall undergo a medical examination by a medical practitioner registered under the Medical Registration Act (Cap. 174) as and when directed by the Controller.

5. The foreign employee shall report to the Controller as and when required by the Controller to do so.

Conduct

6. The foreign employee shall not go through any form of marriage or apply to marry under any law, religion, custom or usage with a Singapore citizen or permanent resident in or outside Singapore, without the prior approval of the Controller, while the foreign employee holds a work permit, and also after the foreign employee’s work permit has expired or has been cancelled or revoked.

7. If the foreign employee is a female foreign employee, the foreign employee shall not become pregnant or deliver any child in Singapore during and after the validity period of her work permit, unless she is a work permit holder who is already married to a Singapore citizen or permanent resident with the approval of the Controller.

8. The foreign employee shall not be involved in any illegal, immoral or undesirable activities, including breaking up families in Singapore.

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