3.—(1) Subject to this Order, there shall be imposed on every employer a levy at the appropriate rate specified in this paragraph in respect of each of his foreign workers.Foreign workers other than those specified in this paragraph |
(2) The levy payable in respect of any foreign worker (other than those mentioned in this paragraph) shall be at the rate of $240 for every calendar month, and where any foreign worker is employed for part of a month, the levy payable for that month shall be at the rate of $8 for each day during which the foreign worker is employed in that month. |
(3) The levy payable in respect of any domestic worker shall be at the rate of $345 for every calendar month, and where any domestic worker is employed for part of a month, the levy payable for that month shall be at the rate of $12 for each day during which the domestic worker is employed in that month. |
Skilled construction workers |
(4) The levy payable in respect of any skilled construction worker shall be at the rate of $30 for every calendar month, and where any skilled construction worker is employed for part of a month, the levy payable for that month shall be at the rate of $1 for each day during which the skilled construction worker is employed in that month subject to a maximum of $30 in the aggregate. |
Unskilled construction workers |
(5) The levy payable in respect of any unskilled construction worker shall be at the rate of $470 for every calendar month, and where any unskilled construction worker is employed for part of a month, the levy payable for that month shall be at the rate of $16 for each day during which the unskilled construction worker is employed in that month subject to a maximum of $470 in the aggregate. |
Change in skill level of construction workers before 1st January 1991 |
(6) Where an unskilled construction worker for whom the higher levy of $470 is payable becomes a skilled construction worker before 1st January 1991, his employer may apply in the form required by the Controller to pay the lower levy of $30 in respect of that worker. |
(6A) The higher levy shall continue to be payable pending the approval of the Controller for the conversion from the higher levy to the lower levy up to the last day of the month in which the application for conversion is approved by the Controller. |
(6B) The lower levy of $30 shall be payable from the 1st day of the month following the month in which the application for conversion is approved by the Controller. |
Change in skill level of construction workers after 1st January 1991 |
(7) Where an unskilled construction worker for whom the levy is payable becomes a skilled construction worker on or after 1st January 1991, the Construction Industry Development Board shall send a notification of the change in the skill level of the unskilled construction worker to the Controller. |
(7A) The higher levy of $470 shall be payable up to the last day of the month in which the notification from the Construction Industry Development Board is received by the Controller. |
(7B) The lower levy of $30 shall be payable from the 1st day of the month following the month in which the notification is received by the Controller. |
(8) The levy payable in respect of any skilled marine worker shall be at the rate of $30 for every calendar month, and where any skilled marine worker is employed for part of a month, the levy payable for that month shall be at the rate of $1 for each day during which the skilled marine worker is employed in that month subject to a maximum of $30 in the aggregate. |
(9) The levy payable in respect of any unskilled marine worker shall be at the rate of $295 for every calendar month, and where any unskilled marine worker is employed for part of a month, the levy payable for that month shall be at the rate of $10 for each day during which the unskilled marine worker is employed in that month subject to a maximum of $295 in the aggregate. |
Change in skill level of marine workers |
(10) Where an unskilled marine worker for whom the higher levy of $295 is payable becomes a skilled marine worker, his employer may apply, in the form required by the Controller, to pay the lower levy of $30 in respect of that worker. |
(10A) The higher levy shall continue to be payable pending the approval of the Controller for the conversion from the higher levy to the lower levy up to the last day of the month in which the application for conversion is approved by the Controller. |
(10B) The lower levy of $30 shall be payable from the 1st day of the month following the month in which the application for conversion is approved by the Controller. |
Levy payable by employer where percentage of foreign manufacturing workers does not exceed 40% on or after 1st June 1997 |
(11) Subject to sub-paragraph (12), where the percentage of an employer’s foreign manufacturing workers on or after 1st June 1997 does not exceed 40% of his total number of workers, the levy payable in respect of each foreign manufacturing worker shall be —(a) | at the rate of $240 for each calendar month; and | (b) | where any foreign manufacturing worker is employed for part of a month, at the rate of $8 for each day during which the foreign manufacturing worker is employed in that month. |
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Where percentage of foreign manufacturing workers is reduced to 40% or below on or after 1st June 1997 |
(12) Where, on or after 1st June 1997, the percentage of an employer’s foreign manufacturing workers exceeds 40% of his total number of workers, but is subsequently reduced to 40% or below of his total number of workers, the employer is not eligible to pay the levy at the rate specified in sub-paragraph (11) in respect of any foreign manufacturing worker —(a) | until the time the employer renews the work permit of that foreign manufacturing worker; or | (b) | unless before that time the Controller approves an application by the employer (to be made in the form required by the Controller) to pay the levy at the rate specified in sub-paragraph (11) in respect of that foreign manufacturing worker, |
and in either case, the levy at the rate specified in sub-paragraph (11) does not apply until the first day of the month following the month in which the work permit is renewed, or the application to the Controller is approved, as the case may be. |
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Levy payable by employer where percentage of foreign manufacturing workers exceeds 40% on or after 1st June 1997 |
(13) Subject to sub-paragraphs (14) and (15), where the percentage of an employer’s foreign manufacturing workers on or after 1st June 1997 exceeds 40% of his total number of workers —(a) | the levy payable in respect of each foreign manufacturing worker not exceeding 40% of the employer’s total number of workers shall be at the rate specified in sub-paragraph (11); and | (b) | the levy payable in respect of each foreign manufacturing worker in excess of 40% of the employer’s total number of workers shall be —(i) | at the rate of $310 for each calendar month; and | (ii) | where that foreign manufacturing worker is employed for part of a month, at the rate of $11 for each day during which the foreign manufacturing worker is employed in that month. |
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Where percentage of foreign manufacturing workers exceeds 40% due to reduction in number of local workers on or after 1st June 1997 |
(14) Where the percentage of an employer’s foreign manufacturing workers on or after 1st June 1997 exceeds 40% of his total number of workers because of a subsequent reduction in the number of his local workers, the levy payable in respect of each foreign manufacturing worker in excess of 40% in respect of whom a levy at the rate of $240 for each calendar month had been payable immediately before the reduction shall, until the expiry or cancellation of the work permit of that foreign manufacturing worker —(a) | be at the rate of $240 for each calendar month; and | (b) | where that foreign manufacturing worker is employed for part of a month, be at the rate of $8 for each day during which the foreign manufacturing worker is employed in that month. |
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Levy payable by employer for foreign manufacturing trainee who is undergoing training with approved employer on or after 1st June 1997 |
(15) Where, on or after 1st June 1997, an employer’s percentage of foreign manufacturing workers exceeds 40% of his total number of workers —(a) | the levy payable in respect of each foreign manufacturing trainee who is issued with a work permit for the purpose of undergoing training with an employer who is approved by the Controller shall be at the rate of $240 for each calendar month; and | (b) | where that foreign manufacturing trainee is employed for part of a month, the levy payable for that month shall be at the rate of $8 for each day during which the foreign manufacturing trainee is employed in that month. |
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Effective date of levy for foreign manufacturing workers |
(16) Except as provided in sub-paragraph (12)(b), the rates of levy payable by an employer in respect of his foreign manufacturing worker on or after 1st June 1997 shall apply from the first day of the month following the month in which the employer renews his foreign worker’s work permit. |
Skilled harbour craft workers |
(17) The levy payable in respect of any skilled harbour craft worker shall be at the rate of $30 for every calendar month, and where any skilled harbour craft worker is employed for part of a month, the levy payable for that month shall be at the rate of $1 for each day during which the skilled harbour craft worker is employed in that month subject to a maximum of $30 in the aggregate. |
Unskilled harbour craft workers |
(18) The levy payable in respect of any unskilled harbour craft worker shall be at the rate of $240 for every calendar month, and where any unskilled harbour craft worker is employed for part of a month, the levy payable for that month shall be at the rate of $8 for each day during which the unskilled harbour craft worker is employed in that month subject to a maximum of $240 in the aggregate. |
Change in skill level of harbour craft workers |
(19) When an unskilled harbour craft worker for whom the higher levy of $240 is payable becomes a skilled harbour craft worker, his employer may apply, in the form required by the Controller, to pay the lower levy of $30 in respect of that worker. |
(19A) The higher levy shall continue to be payable pending the approval of the Controller for the conversion from the higher levy to the lower levy up to the last day of the month in which the application for conversion is approved by the Controller. |
(19B) The lower levy of $30 shall be payable from the 1st day of the month following the month in which the application for conversion is approved by the Controller. |
Controller to determine percentage of foreign manufacturing workers |
(20) For the purposes of sub-paragraphs (11) to (16), where any question arises as to whether an employer’s percentage of foreign manufacturing workers exceeds the amount referred to in those sub-paragraphs, the question shall be determined by the Controller. |
(21) The levy payable in respect of any conservancy worker shall be —(a) | at the rate of $350 for each calendar month; and | (b) | where any conservancy worker is employed for part of a month, at the rate of $12 for each day during which the conservancy worker is employed in that month subject to a maximum of $350 in the aggregate. |
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Skilled process industry maintenance workers |
(22) Subject to sub-paragraph (24), the levy payable in respect of any skilled process industry maintenance worker shall be —(a) | at the rate of $30 for each calendar month; and | (b) | where any skilled process industry maintenance worker is employed for part of a month, at the rate of $1 for each day during which the skilled process industry maintenance worker is employed in that month subject to a maximum of $30 in the aggregate. |
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Unskilled process industry maintenance workers |
(23) The levy payable in respect of any unskilled process industry maintenance worker shall be —(a) | at the rate of $350 for each calendar month; and | (b) | where any unskilled process industry maintenance worker is employed for part of a month, at the rate of $12 for each day during which the unskilled process industry maintenance worker is employed in that month subject to a maximum of $350 in the aggregate. |
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Change in level of skill of process industry maintenance workers |
(24) Where an unskilled process industry maintenance worker employed by an employer becomes a skilled process industry maintenance worker, the employer is not eligible to pay the levy at the rates specified in sub-paragraph (22) —(a) | unless —(i) | the employer applies, in the form required by the Controller, to the Controller to pay the levy at the rates specified in sub-paragraph (22); and | (ii) | the Controller approves the employer’s application; and |
| (b) | where the Controller approves the employer’s application to pay the levy at the rates specified in sub-paragraph (22), until the first day of the month following the month in which the application is approved. |
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Process industry maintenance worker with suitable academic qualifications or work experience |
(24A) Notwithstanding sub-paragraphs (22), (23) and (24), the levy payable in respect of any process industry maintenance worker with suitable academic qualifications, skills, capabilities, work experience or any combination thereof, or who satisfies such other criteria as the Minister may determine, shall be —(a) | at the rate of $240 for every calendar month; and | (b) | where any process industry maintenance worker is employed for part of a month, at the rate of $8 for each day during which the process industry maintenance worker is employed in that month. [S 360/98 wef 01/07/1998] |
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Foreign worker with suitable academic qualifications or work experience |
(25) Notwithstanding sub-paragraphs (2) to (24), the levy payable in respect of a foreign worker who has such academic qualifications, skills, capabilities, work experience or any combination thereof or who satisfies such other criteria as the Minister may determine shall be at the rate of $30 for every calendar month, and where such worker is employed for part of a month, the levy payable for that month shall be at the rate of $1 for each day during which the worker is employed in that month. |
Effective date of levy for foreign worker with special skills or experience |
(26) The levy at the rates specified in sub-paragraph (25) shall apply from —(a) | the date on which the foreign worker’s work permit is issued, or renewed, on or after 1st May 1996; or | (b) | where an application is made by the employer (in the form required by the Controller) to pay the levy at the rates specified in sub-paragraph (25) before the date on which the work permit is renewed, and the Controller approves the application, the first day of the month following the month in which the Controller approves the application, |
and until such time the rates of levy applicable to the foreign worker under sub-paragraphs (2) to (24) shall apply. |
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(27) The levy payable in respect of any grass-cutter shall be —(a) | at the rate of $350 for each calendar month; and | (b) | where any grass-cutter is employed for part of a month, at the rate of $12 for each day during which the grass-cutter is employed in that month subject to a maximum of $350 in the aggregate. [S 647/98 wef 01/01/1999] |
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