Employment of Foreign Manpower (Work Passes) (Amendment No. 2) Regulations 2019

Status:

Published in Subsidiary Legislation Supplement
on 30 Dec 2019

No. S 865

Employment of Foreign Manpower Act

(CHAPTER 91A)

Employment of Foreign Manpower
(Work Passes) (Amendment No. 2)
Regulations 2019

In exercise of the powers conferred by section 29 of the Employment of Foreign Manpower Act, the Minister for Manpower makes the following Regulations:

Citation and commencement

1. These Regulations are the Employment of Foreign Manpower (Work Passes) (Amendment No. 2) Regulations 2019 and come into operation on 1 January 2020.

Amendment of regulation 12

2. Regulation 12(1) of the Employment of Foreign Manpower (Work Passes) Regulations 2012 (G.N. No. S 569/2012) (called in these Regulations the principal Regulations) is amended by inserting, immediately after the words “or requirement” in sub‑paragraph (b), the words “(including any requirement that continues to apply to the employer after cancellation of the work pass)”.

Amendment of First Schedule

3. The First Schedule to the principal Regulations is amended by deleting paragraph 1 of Parts II and IV and substituting in each case the following paragraphs:

“1. The employer must take all necessary steps to ensure that the foreign employee’s copy of the in-principle approval letter, in its entirety as provided by the Ministry of Manpower, is received by the foreign employee at least 3 days before the foreign employee’s departure for Singapore.

1A. For the purposes of paragraph 1, the employer will be regarded as having taken all necessary steps —

(a)

where the employer does not engage the service of an employment agency — if the employer can provide sufficient evidence that the foreign employee has received, at least 3 days before the foreign employee’s departure for Singapore, the foreign employee’s copy of the in‑principle approval letter, in its entirety as furnished by the Ministry of Manpower; or

(b)

where the employer engages the services of an employment agency — if the employer can provide sufficient evidence that the employment agency informed the employer that the foreign employee has received, at least 3 days before the foreign employee’s departure for Singapore, the foreign employee’s copy of the in‑principle approval letter, in its entirety as furnished by the Ministry of Manpower.

1B. Where an in-principle approval is issued by the Controller in respect of a foreign employee who is in Singapore, the employer upon whose application the in-principle approval is issued must ensure that the foreign employee’s copy of the in‑principle approval letter, in its entirety as provided by the Ministry of Manpower, is received by the foreign employee within 7 days after the issue of the in‑principle approval.”.

Amendment of Fourth Schedule

4.—(1) Part II of the Fourth Schedule to the principal Regulations is amended by deleting paragraph 6 and substituting the following paragraphs:

“6. Where directed by the Controller to do any of the following, the employer must comply:

(a)	arrange for the foreign employee to undergo a medical examination by a medical practitioner registered under the Medical Registration Act (Cap. 174);
(b)	arrange for the foreign employee to undergo any blood test conducted by an approved licensed healthcare institution for the purpose of detecting any infectious disease or testing for pregnancy.

6A. In paragraph 6 —

“approved licensed healthcare institution” means a healthcare institution licensed under the Private Hospitals and Medical Clinics Act (Cap. 248) and approved by the Controller for the purposes of that paragraph;

“infectious disease” has the meaning given by section 2 of the Infectious Diseases Act (Cap. 137).”.

(2) Part III of the Fourth Schedule to the principal Regulations is amended by deleting paragraph 6 and substituting the following paragraphs:

“6. The employer of a foreign employee must register or update the address of the foreign employee’s accommodation in Singapore in the form and manner determined by the Controller —

(a)	where the foreign employee does not ordinarily commute daily between Singapore and another country or territory — within 5 days after the foreign employee has moved to a new address in Singapore, for so long as the foreign employee is not repatriated; and
(b)	where the foreign employee ordinarily commutes daily between Singapore and another country or territory, and has stayed in Singapore at least 5 days in any month — within 5 days after the 5th day of the foreign employee’s stay in Singapore in that month.

6A. For the purposes of paragraph 6 —

(a)	a reference to the accommodation in Singapore of a foreign employee mentioned in paragraph 6(b) is a reference to the accommodation in Singapore of the foreign employee on the 5th day of the foreign employee’s stay in Singapore in the month in question; and
(b)	a foreign employee stays in Singapore for a day if the foreign employee is in Singapore for 24 consecutive hours.”.

[G.N. Nos. S 177/2013; S 563/2013; S 333/2015; S 143/2017; S 547/2017; S 902/2018; S 170/2019]

Made on 24 December 2019.

AUBECK KAM

Permanent Secretary,
Ministry of Manpower,
Singapore.

[HQ/Legis/EFMA/EFMR_Jan2020; AG/LEGIS/SL/91A/2015/4 Vol. 3]

(To be presented to Parliament under section 29(3) of the Employment of Foreign Manpower Act).

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