No. S 813
Employment of Foreign Manpower Act
(Chapter 91A)
Employment of Foreign Manpower (Levy) (Amendment) Order 2010
In exercise of the powers conferred by section 11(1) of the Employment of Foreign Manpower Act, the Minister for Manpower hereby makes the following Order:
Citation and commencement
1.  This Order may be cited as the Employment of Foreign Manpower (Levy) (Amendment) Order 2010 and shall come into operation on 1st January 2011.
Amendment of paragraph 2
2.  Paragraph 2 of the Employment of Foreign Manpower (Levy) Order 2010 (G.N. No. S 324/2010) (referred to in this Order as the principal Order) is amended —
(a)by deleting the definitions of “grass-cutting and landscaping worker” and “incinerator plant worker”;
(b)by inserting, immediately after the word “Singapore” in paragraph (a) of the definition of “skilled marine worker”, the words “or such institution as the Controller may determine”;
(c)by inserting, immediately after the word “Singapore” in paragraph (a) of the definition of “skilled process construction worker”, the words “or such institution as the Controller may determine”; and
(d)by inserting, immediately after the word “Singapore” in paragraph (a) of the definition of “skilled process maintenance worker”, the words “or such institution as the Controller may determine”.
New paragraph 7A
3.  The principal Order is amended by inserting, immediately before paragraph 8 in Part III, the following paragraph:
Calculation of monthly and daily rates of levy
7A.  The levy payable by an employer in respect of any work permit or S pass holder of his shall be as follows:
(a)where the work permit or S pass holder has completed a full calendar month of employment, the levy payable under this Part for that worker for every calendar month;
(b)where the work permit or S pass holder is employed for less than a full calendar month, an amount calculated in accordance with the following formula:
the amount of levy referred to in sub-paragraph ( a) x 12
365
 
rounded up to the nearest cent.”.
Deletion and substitution of paragraph 8
4.  Paragraph 8 of the principal Order is deleted and the following paragraph substituted therefor:
Levy payable by employer of S pass holder
8.—(1)  Subject to paragraph 9, where S pass holders comprise not more than 20% of the total number of employees of an employer at the relevant time for an S pass holder, the levy payable by the employer in respect of the S pass holder shall be $110 for every calendar month.
(2)  Subject to paragraph 9, where S pass holders comprise more than 20% of the total number of employees of an employer at the relevant time for an S pass holder, the levy payable by the employer in respect of the S pass holder shall be $150 for every calendar month.”.
Amendment of paragraph 11
5.  Paragraph 11 of the principal Order is amended by deleting sub-paragraphs (1), (2) and (3) and substituting the following sub-paragraphs:
(1)  Subject to sub-paragraph (4) and paragraph 12, where work permit holders comprise not more than 25% of the total number of employees of an employer at the relevant time for a work permit holder, the levy payable by the employer in respect of the work permit holder shall be $270 for every calendar month.
(2)  Subject to sub-paragraph (4) and paragraph 12, where work permit holders comprise more than 25%, but not more than 40%, of the total number of employees of an employer at the relevant time for a work permit holder, the levy payable by the employer in respect of the work permit holder shall be $300 for every calendar month.
(3)  Subject to paragraph 12, where work permit holders comprise more than 40% of the total number of employees of an employer at the relevant time for a work permit holder, the levy payable by the employer in respect of the work permit holder shall be $450 for every calendar month.”.
Amendment of paragraph 13
6.  Paragraph 13 of the principal Order is amended —
(a)by deleting sub-paragraph (1) and substituting the following sub-paragraph:
(1)  Notwithstanding paragraphs 11(1) and 12, the levy payable in respect of any work permit holder to whom paragraph 11(1) applies who has such academic qualifications, skills, capabilities, work experience, remuneration or any combination thereof, or who satisfies such other criteria as the Minister determines suitable to regard the work permit holder as a skilled work permit holder, shall be $170 for every calendar month.”; and
(b)by inserting, immediately after sub-paragraph (3), the following sub-paragraph:
(4)  The rate specified in sub-paragraph (1) shall not apply for the purposes of section 5(8)(a) of the Act and paragraph 42.”.
Amendment of paragraph 14
7.  Paragraph 14 of the principal Order is amended —
(a)by deleting sub-paragraph (1) and substituting the following sub-paragraph:
(1)  Subject to the provisions of this paragraph, the levy payable in respect of any domestic worker shall be —
(a)in the case where the conditions set out in sub-paragraph (2)(a), (b), (c), (d), (e) or (f) are satisfied, $170 for every calendar month; and
(b)in any other case, $265 for every calendar month.”;
(b)by inserting, immediately after the word “Service” in sub-paragraph (2)(e)(i), the words “, Centre for Enabled Living or such institution as the Controller may determine”; and
(c)by inserting, immediately after the word “Service” in sub-paragraph (2)(f)(i), the words “, Centre for Enabled Living or such institution as the Controller may determine”.
Amendment of paragraph 17
8.  Paragraph 17 of the principal Order is amended —
(a)by deleting sub-paragraph (1) and substituting the following sub-paragraph:
(1)  Notwithstanding paragraphs 14, 15 and 16, the levy payable in respect of any domestic worker who has such academic qualifications, skills, capabilities, work experience, remuneration or any combination thereof, or who satisfies such other criteria as the Minister determines suitable to regard the domestic worker as a skilled domestic worker, shall be $150 for every calendar month.”; and
(b)by inserting, immediately after sub-paragraph (3), the following sub-paragraph:
(4)  The rate specified in sub-paragraph (1) shall not apply for the purposes of section 5(8)(a) of the Act and paragraph 42.”.
Deletion and substitution of paragraph 18
9.  Paragraph 18 of the principal Order is deleted and the following paragraph substituted therefor:
Skilled construction workers
18.  Subject to paragraph 21, the levy payable in respect of any skilled construction worker shall be $160 for every calendar month.”.
Amendment of paragraph 19
10.  Paragraph 19 of the principal Order is amended by deleting sub-paragraph (2) and substituting the following sub-paragraph:
(2)  Subject to paragraph 21, the levy payable in respect of any skilled construction worker excluded from prior authorisation shall be $310 for every calendar month.”.
Deletion and substitution of paragraph 20
11.  Paragraph 20 of the principal Order is deleted and the following paragraph substituted therefor:
Unskilled construction workers
20.  The levy payable in respect of any unskilled construction worker shall be $470 for every calendar month.”.
Deletion and substitution of paragraphs 22 and 23
12.  Paragraphs 22 and 23 of the principal Order are deleted and the following paragraphs substituted therefor:
Skilled marine workers
22.  Subject to paragraph 24, the levy payable in respect of any skilled marine worker shall be $170 for every calendar month.
Unskilled marine workers
23.  The levy payable in respect of any unskilled marine worker shall be $300 for every calendar month.”.
Amendment of paragraph 25
13.  Paragraph 25 of the principal Order is amended by deleting sub-paragraphs (1), (2) and (3) and substituting the following sub-paragraphs:
(1)  Subject to sub-paragraph (4) and paragraph 26, where foreign manufacturing workers comprise not more than 35% of the total number of employees of an employer at the relevant time for a foreign manufacturing worker, the levy payable by the employer in respect of the foreign manufacturing worker shall be $270 for every calendar month.
(2)  Subject to sub-paragraph (4) and paragraph 26, where foreign manufacturing workers comprise more than 35%, but not more than 55%, of the total number of employees of an employer at the relevant time for a foreign manufacturing worker, the levy payable by the employer in respect of the foreign manufacturing worker shall be $310 for every calendar month.
(3)  Subject to paragraph 26, where foreign manufacturing workers comprise more than 55% of the total number of employees of an employer at the relevant time for a foreign manufacturing worker, the levy payable by the employer in respect of the foreign manufacturing worker shall be $450 for every calendar month.”.
Amendment of paragraph 27
14.  Paragraph 27 of the principal Order is amended —
(a)by deleting sub-paragraphs (1) and (2) and substituting the following sub-paragraphs:
(1)  Notwithstanding paragraphs 25(1) and 26, the levy payable in respect of any foreign manufacturing worker to whom paragraph 25(1) applies who has such academic qualifications, skills, capabilities, work experience, remuneration or any combination thereof, or who satisfies such other criteria as the Minister determines suitable to regard the foreign manufacturing worker as a skilled foreign manufacturing worker, shall be $170 for every calendar month.
(2)  Notwithstanding paragraphs 25(2) and 26, the levy payable in respect of any foreign manufacturing worker to whom paragraph 25(2) applies who has such academic qualifications, skills, capabilities, work experience, remuneration or any combination thereof, or who satisfies such other criteria as the Minister determines suitable to regard the foreign manufacturing worker as a skilled foreign manufacturing worker, shall be $210 for every calendar month.”; and
(b)by inserting, immediately after sub-paragraph (4), the following sub-paragraph:
(5)  The rates specified in sub-paragraphs (1) and (2) shall not apply for the purposes of section 5(8)(a) of the Act and paragraph 42.”.
Deletion and substitution of paragraphs 28 and 29
15.  Paragraphs 28 and 29 of the principal Order are deleted and the following paragraphs substituted therefor:
Skilled harbour craft workers
28.  Subject to paragraph 30, the levy payable in respect of any skilled harbour craft worker shall be $170 for every calendar month.
Unskilled harbour craft workers
29.  The levy payable in respect of any unskilled harbour craft worker shall be $270 for every calendar month.”.
Amendment of paragraph 31
16.  Paragraph 31 of the principal Order is amended by deleting sub-paragraphs (1) and (2) and substituting the following sub-paragraphs:
(1)  Subject to sub-paragraph (3) and paragraph 32, where conservancy workers comprise not more than 40% of the total number of employees of an employer at the relevant time for a conservancy worker, the levy payable by the employer in respect of the conservancy worker shall be $350 for every calendar month.
(2)  Subject to paragraph 32, where conservancy workers comprise more than 40% of the total number of employees of an employer at the relevant time for a conservancy worker, the levy payable by the employer in respect of the conservancy worker shall be $450 for every calendar month.”.
Deletion and substitution of paragraph 33
17.  Paragraph 33 of the principal Order is deleted and the following paragraph substituted therefor:
Skilled process construction workers
33.  Subject to paragraph 38, the levy payable in respect of any skilled process construction worker shall be $160 for every calendar month.”.
Amendment of paragraph 34
18.  Paragraph 34 of the principal Order is amended by deleting sub-paragraph (2) and substituting the following sub-paragraph:
(2)  Subject to paragraph 38, the levy payable in respect of any skilled process construction worker excluded from prior authorisation shall be $310 for every calendar month.”.
Deletion and substitution of paragraphs 35, 36 and 37
19.  Paragraphs 35, 36 and 37 of the principal Order are deleted and the following paragraphs substituted therefor:
Unskilled process construction workers
35.  The levy payable in respect of any unskilled process construction worker shall be $300 for every calendar month.
Skilled process maintenance workers
36.  Subject to paragraph 38, the levy payable in respect of any skilled process maintenance worker shall be $160 for every calendar month.
Unskilled process maintenance workers
37.  The levy payable in respect of any unskilled process maintenance worker shall be $300 for every calendar month.”.
Amendment of paragraph 38
20.  Paragraph 38(1) of the principal Order is amended by deleting the words “or the Singapore Welding Society” and substituting the words “, the Singapore Welding Society or such institution as the Controller may determine”.
Deletion of Division 10
21.  Part III of the principal Order is amended by deleting Division 10.
Deletion and substitution of paragraph 42
22.  Paragraph 42 of the principal Order is deleted and the following paragraph substituted therefor:
Levy payable by employer of trainee
42.  The levy payable by an employer in respect of any trainee of his shall be at the lowest applicable monthly rate of levy in respect of the Division in which the trainee is employed for every calendar month.”.
Deletion and substitution of paragraph 44
23.  Paragraph 44 of the principal Order is deleted and the following paragraph substituted therefor:
Savings provision
44.  For the avoidance of doubt, this Order applies to every employer in respect of any work permit holder or S pass holder whose work permit or S pass is issued, or who starts lawful employment with that employer, before 1st January 2011.”.
Made this 27th day of December 2010.
LOH KHUM YEAN
Permanent Secretary,
Ministry of Manpower,
Singapore.
[WP (C) 17:03; AG/LLRD/SL/91A/2010/3 Vol. 2]