Employment of Foreign Manpower (Work Pass Exemptions) (Amendment No. 2) Notification 2015

Status:

Published in Subsidiary Legislation Supplement
on 15 Oct 2015

No. S 597

Employment of Foreign Manpower Act

(CHAPTER 91A)

Employment of Foreign Manpower
(Work Pass Exemptions)
(Amendment No. 2) Notification 2015

In exercise of the powers conferred by section 4 of the Employment of Foreign Manpower Act, the Minister for Manpower makes the following Notification:

Citation and commencement

1. This Notification may be cited as the Employment of Foreign Manpower (Work Pass Exemptions) (Amendment No. 2) Notification 2015 and comes into operation on 19 October 2015.

Amendment of paragraph 1

2. Paragraph 1 of the Employment of Foreign Manpower (Work Pass Exemptions) Notification (N 4) (referred to in this Notification as the principal Notification) is amended by inserting, immediately after the words “Work Pass Exemptions”, the words “— Specified Activities”.

Amendment of paragraph 2

3. Paragraph 2 of the principal Notification is amended —

(a)

by deleting sub‑paragraph (1) and substituting the following sub‑paragraph:

“(1) Any foreigner who —

(a)	before entering Singapore, is engaged as an employee to perform any of the activities specified in sub‑paragraph (3) (called in this paragraph the specified activities) in Singapore for an employer; and
(b)	after arriving in Singapore and before commencing performance of the specified activity, notifies the Controller, in such form and manner as the Controller may require, of the nature and duration of the specified activity (called in this sub‑paragraph the notified duration),

is exempted from the requirement in section 5(2) of the Act of having a work pass to be in the employment of that employer to perform that specified activity for such part of the notified duration that is within the period specified in sub‑paragraph (2B).”;

(b)

by deleting sub‑paragraph (2A) and substituting the following sub‑paragraphs:

“(2A) Any foreigner who —

(a)	before entering Singapore, is engaged as a self‑employed foreigner by a person to perform any of the specified activities in Singapore for the purpose of gain; and
(b)	after arriving in Singapore and before commencing performance of the specified activity, notifies the Controller, in such form and manner as the Controller may require, of the nature and duration of the specified activity (called in this sub‑paragraph the notified duration),

is exempted from the requirement in section 10(1) of the Act of having a work pass to be engaged by that person to perform that specified activity for such part of the notified duration that is within the period specified in sub‑paragraph (2B).

(2B) The exemption in sub‑paragraph (1) or (2A) applies to a foreigner only for the first 90 days in a year, or such longer period as the Controller may allow in a particular case, that the foreigner is —

(a)	engaged as an employee to perform one or more of the specified activities in Singapore; or
(b)	engaged as a self‑employed foreigner to perform one or more of the specified activities in Singapore for the purpose of gain.”;

(c)

by deleting sub‑paragraph (e) of sub‑paragraph (3) and substituting the following sub‑paragraph:

“(e)	participating in any exhibition as an exhibitor;”;

(d)

by deleting the words “seminar, conference, workshop, gathering or talk which” in sub‑paragraph (3)(g) and substituting the words “speaking event that”;

(e)

by deleting sub‑paragraph (h) of sub‑paragraph (3) and substituting the following sub‑paragraph:

“(h)

providing expertise relating to —

(i)	the commissioning or audit of any new plant or equipment;
(ii)	the installation, dismantling, transfer, repair or maintenance of any machine or equipment; or
(iii)	the transfer of knowledge on process of new operations in Singapore;”; and

(f)

by deleting sub‑paragraph (4) and substituting the following sub‑paragraph:

“(4) In sub‑paragraph (3) —

“exhibition” does not include a temporary fair, stage show or any other function or activity that requires a permit under section 35 of the Environmental Public Health Act (Cap. 95);

“exhibitor” means a person who is registered with the organiser of an exhibition to —

(a)	provide information on, put up a performance of or give a demonstration of anything related to the subject of the exhibition; or
(b)	display or sell the goods or services that are the subject of the exhibition,

at the exhibition during the exhibition’s official opening hours;

“international market agent” has the same meaning as in section 2(1) of the Casino Control Act;

“international market agent representative” has the same meaning as in section 2(1) of the Casino Control Act;

“speaking event” means any seminar, conference, workshop, gathering or talk, the main purpose of which is not the sale or promotion of goods or services;

“tour facilitator” means an individual who facilitates a visiting tour group by providing logistical support to the visiting tour group (such as handling airport and hotel arrangements, and lawful crossings at international borders) in accordance with the tour itinerary of the visiting tour group.”.

New paragraph 3

4. The principal Notification is amended by inserting, immediately after paragraph 2, the following paragraph:

“Cessation of exemption

3. The exemption —

(a)	conferred on a foreigner under paragraph 2(1) or (2A); or
(b)	conferred on the employer of a foreigner under paragraph 2(2),

ceases when the pass issued by the Controller of Immigration to the foreigner under the Immigration Act (Cap. 133) expires and is not renewed, or is cancelled.”.

[G.N. Nos. S 359/2010; S 504/2013]

Made on 5 October 2015.

LOH KHUM YEAN

Permanent Secretary,
Ministry of Manpower,
Singapore.

[HQ/Legislation/Employment of Foreign Manpower Act (EFMA)/WPE Notification; AG/LEGIS/SL/91A/2015/1 Vol. 1]

Search within Legislation