Employment Agency Rules - Singapore Statutes Online

Employment Agencies Act

(CHAPTER 92, Section 29)

Employment Agency Rules

R 1

G.N. No. S 216/1984

REVISED EDITION 1990

(25th March 1992)

[24th August 1984]

Citation

1. These Rules may be cited as the Employment Agency Rules.

Definitions

2. In these Rules, unless the context otherwise requires —

“applicant for employment” means any person applying for employment, work or contract or hire of his services at an employment agency;

“applicant for workers” means any person applying for the procurement of any worker for his service at an employment agency.

Application for licence

3. An application for a grant or renewal of a licence shall be made in such form and within such period as the Commissioner may require.

[S 293/1993 wef 01/08/1993]

Enquires

4.—(1) The Commissioner may make such enquiries as he thinks fit before or after granting a licence.

[S 293/1993 wef 01/08/1993]

(2) Without prejudice to paragraph (1), the Commissioner may, before or after granting a licence, make such enquiries as he thinks fit regarding persons who in his view may have an interest in the grant or renewal of a licence, whether or not such persons are joined in the application for the grant or renewal of a licence.

[S 293/1993 wef 01/08/1993]

Security

5. The Commissioner may, before granting or renewing a licence, require the applicant to furnish a cash security deposit or a bank guarantee of $20,000.

[S 293/1993 wef 01/08/1993]

Training

5A.—(1) Subject to paragraph (2), the Commissioner shall not —

(a)	on or after 1st January 1999, grant a licence; or
(b)	on or after 1st January 2000, renew a licence,

unless the applicant has attended and successfully completed such courses of training and passed such tests of proficiency as the Commissioner may determine.

(2) The Commissioner may, in any particular case if he thinks fit, grant or renew a licence notwithstanding that the applicant has not satisfied the requirements referred to in paragraph (1).

[S 4/1998 wef 02/01/1998]

Persons to whom a licence may not be granted

6. No licence shall be granted under the Act to —

(a)

any undischarged bankrupt;

(b)

any person convicted of an offence under —

(i)	sections 140, 141, 142, 146 and 148 of the Women’s Charter;
(ii)	sections 25 and 26 of the Children and Young Persons Act [Cap. 38]; or
(iii)	sections 366, 367, 370, 371, 372, 373, 373A and 374A of the Penal Code [Cap. 224]; or

(c)

any person convicted of an offence involving dishonesty under the Penal Code.

Validity of licence

7. A licence granted under the Act shall be valid only in respect of the type of employment specified in the licence.

Fee

8.—(1) No licence shall be granted or renewed under the Act until the prescribed fee therefor has been paid.

(2) The fee payable for the grant or renewal of a licence shall be $350 per annum.

[S 197/1995 wef 01/05/1995]

Separate licence

9. A separate licence shall be taken out for each employment agency.

Restriction on licensee and on premises

10. The licence granted under the Act shall not be used directly or indirectly by any person other than the one in whose favour it was granted nor at any premises other than that specified in the licence nor shall it be transferred or assigned to any other person.

Foreign recruitment

11.—(1) No employment agency shall cause, induce or assist a foreign worker to enter Singapore for the purpose of seeking employment unless the employer has obtained in respect of that foreign worker the approval in principle of the Controller of Work Permits.

(2) No employment agency shall cause, induce or assist a foreign worker to commence work in Singapore unless the employer has obtained in respect of that foreign worker a valid work permit issued by the Controller of Work Permits.

(3) No employment agency shall retain for whatever reason the passport or work permit of any foreign worker.

(4) For the purposes of this rule, “foreign worker” has the meaning assigned to it by section 2 of the Employment of Foreign Workers Act [Cap. 91A].

[S 293/1993 wef 01/08/1993]

Licence to be displayed

12. Every licensee shall display the licence granted to him under the Act in a conspicuous place in the office of the employment agency in respect of which the licence has been granted.

Change of place of business

13. No licensee shall move the place of business of the employment agency without the previous consent in writing of the Commissioner.

Registers

14. Every licensee shall cause to be kept a register of applicants for employment and workers in such form as the Commissioner may require.

[S 293/1993 wef 01/08/1993]

Monthly returns

15. The monthly returns required to be submitted under section 17 of the Act shall be in accordance with the First Schedule.

[S 293/1993 wef 01/08/1993]

Scale of fees

16.—(1) The fees that may be received by an employment agency from an applicant for employment or from an applicant for workers respectively shall be in accordance with the scale set out in the Second Schedule.

(2) Every licensee shall exhibit in a conspicuous place in the office of the employment agency a copy of the scale set out in the Second Schedule.

Penalty

17. Any person who contravenes rule 10, 11, 12, 13, 14 or 16(2) shall be guilty of an offence and shall be liable on conviction in the case of a first offence to a fine not exceeding $1,000 and in the case of a second or subsequent offence to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.

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