Conditions to be Complied With by Employer of foreign employee issued with s pass
Upkeep, maintenance and well-being
1. The employer shall pay the salary due to the foreign employee for the month not later than 7 days after the last day of that month.
2. The employer shall be responsible for and bear the costs of the foreign employee’s 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.
3. The employer shall bear any medical expenses incurred by the foreign employee for any medical examination required by the Controller.
4. An 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.
5. The employer shall not retain possession of the foreign employee’s original S pass and visit pass and shall allow the foreign employee to retain possession of the foreign employee’s S pass and visit pass.
6. 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.
Cancellation of S pass and visit pass and duties before or upon repatriation of foreign employee
7. The employer shall return the S pass and visit pass to the Controller within 7 days after the cancellation of the S pass.
8. 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.
9. Unless requested by the Controller of Immigration or 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 employee for salary arrears under the Employment Act or work injury compensation under the Work Injury Compensation Act.
Part II
REGULATORY CONDITIONS TO BE COMPLIED WITH BY EMPLOYER OF FOREIGN EMPLOYEE ISSUED WITH S PASS
Employment
1. An employer of a foreign employee issued with an S pass 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 not employ the foreign employee in either an occupation or a sector which is different from that specified in the S pass.
4. 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.
5. The employer shall pay the wages of the foreign employee through General Interbank Recurring Order (GIRO) or by such other means as may be approved by the Controller in writing, except where —
(a)
the S pass is issued for a period of 3 months or less;
(b)
the salary represents the salary due to the foreign employee for the last month of employment of the foreign employee with the employer;
(c)
the salary represents salary for overtime work done by the foreign employee; or
(d)
the Controller, in his discretion, exempts the employer in writing from this condition.
6. 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 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.
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 S pass conditions applicable to that employee, and the employer becomes aware of the contravention, the employer shall inform the Controller and, if required by the Controller, apply for the cancellation of the foreign employee’s S pass and visit pass and comply with any other instruction from the Controller with respect to the contravention.
9. The employer shall pay the foreign employee levy through 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 that employee’s death.
12. Any employer who intends to reduce the fixed monthly salary of the foreign employee, below that of the fixed monthly salary as declared in the work pass application, shall submit a request to the Controller for reassessment of the foreign employee’s work pass eligibility, prior to such salary reduction.
13. No employer shall agree with the foreign employee, to reduce the fixed monthly salary of the foreign employee unless he has obtained the Controller’s approval for the salary reduction.
14. In paragraphs 12 and 13, “fixed monthly salary” means the sum of basic monthly salary and fixed monthly allowances.
15. “Basic monthly salary” means all remuneration payable monthly to an employee that does not vary from month to month on any basis in respect of work done under his contract of service. 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 special expenses incurred by an 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 employee’s behalf; or
(g)
any gratuity payable on discharge, retrenchment or retirement.
16. “Fixed monthly allowances” means all allowances payable monthly to an employee that do not vary from month to month on any basis. Fixed monthly allowances may not include any payments listed in paragraph 15(b) to (g).
Cancellation of S pass and visit pass and duties before or upon repatriation of foreign employee
17. The employer shall apply for the cancellation of the S pass 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.
Part III
Conditions to be Complied With by Foreign Employee issued with s pass
Employment
1. The foreign employee shall work only for the employer and in the occupation and sector specified in the S pass and visit pass.
2. 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.
3. The foreign employee shall report to the Controller as and when required by the Controller to do so.
Obligation to update residential address
4. The foreign employee shall, for so long as the foreign employee’s S pass is valid, inform the Controller of the foreign employee’s residential address, in such form or manner as the Controller may determine, within 14 days after each change of the foreign employee’s residential address, as the case may be.
