PART I | Citation and commencement |
| 1. This Order may be cited as the Employment of Foreign Manpower (Levy) Order 2011 and shall come into operation on 1st July 2011. |
2. In this Order, unless the context otherwise requires —| “Agency for Integrated Care Pte. Ltd.” means the Agency for Integrated Care Pte. Ltd., a private limited company incorporated under the Companies Act (Cap. 50); [S 372/2013 wef 01/07/2013] |
| “basic skilled construction worker” means a construction worker, not being a higher skilled construction worker, who has passed a test in a construction-related skill conducted or recognised by the Building and Construction Authority or such institution as the Controller may determine; |
| “basic skilled general work permit holder” means a general work permit holder who is not a higher skilled general work permit holder; [S 281/2017 wef 01/06/2017] |
| “basic skilled harbour craft worker” means a harbour craft worker who is not a higher skilled harbour craft worker; [S 281/2017 wef 01/06/2017] |
| “basic skilled manufacturing worker” means a manufacturing worker who is not a higher skilled manufacturing worker; [S 281/2017 wef 01/06/2017] |
| “basic skilled marine shipyard worker” means a marine shipyard worker who is not a higher skilled marine shipyard worker; [S 281/2017 wef 01/06/2017] |
| “basic skilled process construction worker” means a process construction worker who is not a higher skilled process construction worker; [S 281/2017 wef 01/06/2017] |
| “basic skilled process maintenance worker” means a process maintenance worker who is not a higher skilled process maintenance worker; [S 281/2017 wef 01/06/2017] |
| “basic skilled public drain cleaner” means a public drain cleaner who is not a higher skilled public drain cleaner; [S 281/2017 wef 01/06/2017] |
| “basic skilled public waste collection worker” means a public waste collection worker who is not a higher skilled public waste collection worker; [S 281/2017 wef 01/06/2017] |
| “basic skilled work permit holder” means a work permit holder who is not a higher skilled work permit holder; [S 281/2017 wef 01/06/2017] |
| “Building and Construction Authority” means the Building and Construction Authority established by the Building and Construction Authority Act (Cap. 30A); |
| “commercial property” and “common property” have the same meanings as in the Town Councils Act (Cap. 329A); |
| “conservancy worker” means a work permit holder who is employed by a contractor of a Town Council in, or in connection with, the collection of refuse from, or the cleaning of, the common property of residential and commercial property in the housing estates of the Housing and Development Board within the Town of the Town Council; |
| “construction worker” means a work permit holder who is engaged in any occupation in the construction sector; |
| “counting day” means any one or more days in a month appointed by the Controller for the calculation of the total workforce of any employer in respect of any particular sector; |
| “domestic worker” means a work permit holder employed in or in connection with the domestic services of any private premises; |
| “general work permit holder” means a work permit holder other than a domestic worker, construction worker, marine shipyard worker, manufacturing worker, harbour craft worker, process construction worker, process maintenance worker, reclamation worker or trainee specifically referred to in Part III; [S 722/2013 wef 01/12/2013] [S 281/2017 wef 01/06/2017] |
| “harbour craft” has the same meaning as in the Maritime and Port Authority of Singapore Act (Cap. 170A); |
| “harbour craft worker” means a work permit holder who is engaged in any capacity on board any harbour craft; |
“higher skilled construction worker” means a construction worker who —| (a) | has obtained the requisite trades certification for construction‑related skills conducted or recognised by the Building and Construction Authority or such institution as the Controller may determine; or | | (b) | has such work experience, remuneration or any combination thereof, or who satisfies such other criteria, as the Minister determines suitable to regard the construction worker as a higher skilled construction worker; [S 420/2014 wef 01/08/2014] |
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| “higher skilled general work permit holder” means a general work permit holder who has such academic qualifications, work experience, remuneration or any combination thereof, or who satisfies such other criteria, as the Minister determines suitable to regard the general work permit holder as a higher skilled general work permit holder; [S 281/2017 wef 01/06/2017] |
“higher skilled harbour craft worker” means a harbour craft worker who —| (a) | holds a manning licence issued by the Maritime and Port Authority of Singapore under the Maritime and Port Authority of Singapore (Harbour Craft Manning Licence Examination) Regulations (Cap. 170A, Rg 4); | | (b) | possesses such other qualifications or work experience as may be recognised by that Authority; or | | (c) | has such academic qualifications, work experience, remuneration or any combination thereof, or who satisfies such other criteria, as the Minister determines suitable to regard the harbour craft worker as a higher skilled harbour craft worker; |
[S 281/2017 wef 01/06/2017] |
| “higher skilled manufacturing worker” means a manufacturing worker who has such academic qualifications, work experience, remuneration or any combination thereof, or who satisfies such other criteria, as the Minister determines suitable to regard the manufacturing worker as a higher skilled manufacturing worker; [S 281/2017 wef 01/06/2017] |
“higher skilled marine shipyard worker” means a marine shipyard worker —| (a) | who has passed a test in a marine-related skill conducted or recognised by the Institute of Technical Education, Singapore or such institution as the Controller may determine; or | | (b) | who is positioned 3G or above in welding based on internationally recognised standards from any of the following institutions:| (i) | American Bureau of Shipping; | | (ii) | Bureau Veritas Singapore Pte. Ltd.; | | (iii) | DNV GL Singapore Pte. Ltd.; | | (iv) | Germanishercher Lloyd; | | (v) | Lloyd’s Register of Shipping; | | (vi) | Nippon Kaiji Kyokai; | | (vii) | Singapore Test Services Pte Ltd; | | (viii) | Setsco Services Pte Ltd; |
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[S 281/2017 wef 01/06/2017] |
“higher skilled process construction worker” means —| (a) | a process construction worker whose work permit is issued or renewed before 1 June 2017, and who before that date —| (i) | has passed a test in a process construction-related skill conducted or recognised by the Institute of Technical Education, Singapore or such institution as the Controller may determine; or | | (ii) | is positioned 3G or above in welding under the Common Welding Qualification Scheme conducted by the Singapore Welding Society; or |
| | (b) | a process construction worker whose work permit is issued or renewed on or after 1 June 2017, and who satisfies any combination of the following criteria, or satisfies such other criteria, as the Minister determines suitable to regard the process construction worker as a higher skilled process construction worker:| (i) | the process construction worker has obtained the requisite trades certification for process construction-related skills issued or recognised by the Institute of Technical Education, Singapore, the Singapore Welding Society, the SkillsFuture Singapore Agency, or such institution as the Controller may determine; | | (ii) | the process construction worker has such remuneration as the Minister determines suitable to regard the process construction worker as a higher skilled process construction worker; | | (iii) | the process construction worker has such work experience as the Minister determines suitable to regard the process construction worker as a higher skilled process construction worker; |
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[S 281/2017 wef 01/06/2017] |
“higher skilled process maintenance worker” means —| (a) | a process maintenance worker whose work permit is issued or renewed before 1 June 2017, and who before that date —| (i) | has passed a test in a process maintenance-related skill conducted or recognised by the Institute of Technical Education, Singapore or such institution as the Controller may determine; or | | (ii) | is positioned 3G or above in welding under the Common Welding Qualification Scheme conducted by the Singapore Welding Society; or |
| | (b) | a process maintenance worker whose work permit is issued or renewed on or after 1 June 2017, and who satisfies any combination of the following criteria, or satisfies such other criteria, as the Minister determines suitable to regard the process maintenance worker as a higher skilled process maintenance worker:| (i) | the process maintenance worker has obtained the requisite trades certification for process maintenance-related skills issued or recognised by the Institute of Technical Education, Singapore, the Singapore Welding Society, the SkillsFuture Singapore Agency, or such institution as the Controller may determine; | | (ii) | the process maintenance worker has such remuneration as the Minister determines suitable to regard the process maintenance worker as a higher skilled process maintenance worker; | | (iii) | the process maintenance worker has such work experience as the Minister determines suitable to regard the process maintenance worker as a higher skilled process maintenance worker; |
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[S 281/2017 wef 01/06/2017] |
| “higher skilled public drain cleaner” means a public drain cleaner who has such academic qualifications, work experience, remuneration or any combination thereof, or who satisfies such other criteria, as the Minister determines suitable to regard the public drain cleaner as a higher skilled public drain cleaner; [S 281/2017 wef 01/06/2017] |
| “higher skilled public waste collection worker” means a public waste collection worker who has such academic qualifications, work experience, remuneration or any combination thereof, or who satisfies such other criteria, as the Minister determines suitable to regard the public waste collection worker as a higher skilled public waste collection worker; [S 281/2017 wef 01/06/2017] |
| “higher skilled work permit holder” means a work permit holder who is a higher skilled general work permit holder, a higher skilled marine shipyard worker, a higher skilled manufacturing worker, a higher skilled harbour craft worker, a higher skilled process construction worker or a higher skilled process maintenance worker; [S 281/2017 wef 01/06/2017] |
| “holder”, in relation to any S pass or work permit, means the person to whom and in whose name the S pass or work permit is issued; |
| “Housing and Development Board” means the Housing and Development Board established by the Housing and Development Act (Cap. 129); |
| “Institute of Technical Education, Singapore” means the Institute of Technical Education, Singapore established by the Institute of Technical Education Act (Cap. 141A); |
| “manufacturing worker” means a work permit holder who is engaged in any occupation in the manufacturing sector; |
| [Deleted by S 281/2017 wef 01/06/2017] |
| “marine shipyard worker” means a work permit holder who is engaged in any occupation in the marine shipyard sector; [S 281/2017 wef 01/06/2017] |
| “Maritime and Port Authority of Singapore” means the Maritime and Port Authority of Singapore established by the Maritime and Port Authority of Singapore Act; |
| “month” means calendar month; |
| “National Environment Agency” means the National Environment Agency established by the National Environment Agency Act (Cap. 195); [S 258/2016 wef 01/06/2016] |
| [Deleted by S 372/2013 wef 01/07/2013] |
| “ordering day” means any one or more days in a month appointed by the Controller for determining the ordinal position of the foreign employees of any employer under paragraph 9, 10 or 31A in respect of any sector; [S 111/2013 wef 01/03/2013] |
| “performing artiste” means a work permit holder who is employed to perform as an artiste in an establishment for which a CAT 1 Public Entertainment Establishment Licence has been issued under the Public Entertainments and Meetings Act (Cap. 257); [S 701/2011 wef 01/01/2012] |
| “process construction worker” means a work permit holder who is employed in connection with the construction of plant equipment in the petroleum, petrochemicals, specialty chemicals or pharmaceutical sector, and includes a work permit holder who is employed in a managerial, secretarial, clerical or other similar capacity in connection with the construction of such plant equipment; |
| “process maintenance worker” means a work permit holder who is employed in connection with the preventive, predictive and breakdown maintenance of plant equipment in the petroleum, petrochemicals, specialty chemicals or pharmaceutical sector, and includes a work permit holder who is employed in a managerial, secretarial, clerical or other similar capacity in connection with the preventive, predictive and breakdown maintenance of such plant equipment; |
| “public drain cleaner” means a work permit holder who is employed by a contractor of the National Environment Agency to perform public drain cleaning work, and whose work permit states his occupation as public drain cleaner; [S 258/2016 wef 01/06/2016] |
| “public drain cleaning work” means the work carried out to clean those public drains and related drainage structures, canals and waterways the cleanliness of which the National Environment Agency is responsible to maintain, by activities such as removing litter, debris or bulky material from, or desilting or flushing, such drains, structures, canals and waterways; [S 258/2016 wef 01/06/2016] |
“public waste collection worker” means a work permit holder —| (a) | who is employed by a person designated under section 31(3) of the Environment Public Health Act (Cap. 95) as a public waste collector licensee; | | (b) | who, in connection with the employment, carries out activities such as collecting, removing or transporting waste from domestic and trade premises; and | | (c) | whose work permit states his occupation as public waste collection worker; [S 258/2016 wef 01/06/2016] |
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| “reclamation worker” means an S pass holder or a work permit holder who is engaged in reclamation activities, whether land‑based or marine‑based, and employed under the Reclamation Scheme administered by the Ministry of Manpower; [S 722/2013 wef 01/12/2013] |
“relevant date”, in relation to an S pass holder or a work permit holder, means —| (a) | the date the S pass or work permit, as the case may be, is issued to him; or | | (b) | the date he starts lawful employment with his employer, |
| whichever date is earlier; |
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| “residential property” has the same meaning as in the Town Councils Act; |
| “S pass” means a work pass known as an S pass issued under the Employment of Foreign Manpower (Work Passes) Regulations (Rg 2); |
| “SkillsFuture Singapore Agency” means the SkillsFuture Singapore Agency established by section 3 of the SkillsFuture Singapore Agency Act 2016 (Act 24 of 2016); [S 281/2017 wef 01/06/2017] |
| [Deleted by S 281/2017 wef 01/06/2017] |
| [Deleted by S 281/2017 wef 01/06/2017] |
| [Deleted by S 281/2017 wef 01/06/2017] |
| [Deleted by S 281/2017 wef 01/06/2017] |
| [Deleted by S 281/2017 wef 01/06/2017] |
| [Deleted by S 281/2017 wef 01/06/2017] |
| [Deleted by S 281/2017 wef 01/06/2017] |
| [Deleted by S 281/2017 wef 01/06/2017] |
| [Deleted by S 281/2017 wef 01/06/2017] |
| “Tier”, in relation to an S pass holder or a work permit holder, means a tier specified in the Fourth, Fifth, Sixth or Ninth Schedule in which he stands as determined under Part III; |
| “total workforce”, in relation to an employer in respect of a particular sector, means the total number of employees of the employer within that sector determined according to such criteria and conditions as the Minister may determine, but shall not include employees within the excepted classes set out in the First Schedule; |
| “Town” and “Town Council” have the same meanings as in the Town Councils Act; |
| “trainee” means a foreign employee who is issued with a training work permit under the Employment of Foreign Manpower (Work Passes) Regulations; |
| “unskilled construction worker” means a construction worker who is not a basic skilled construction worker or a higher skilled construction worker; |
| [Deleted by S 281/2017 wef 01/06/2017] |
| [Deleted by S 281/2017 wef 01/06/2017] |
| [Deleted by S 281/2017 wef 01/06/2017] |
| [Deleted by S 281/2017 wef 01/06/2017] |
| [Deleted by S 281/2017 wef 01/06/2017] |
| [Deleted by S 281/2017 wef 01/06/2017] |
| [Deleted by S 281/2017 wef 01/06/2017] |
| [Deleted by S 281/2017 wef 01/06/2017] |
| [Deleted by S 281/2017 wef 01/06/2017] |
| “work permit” means a work pass known as a work permit issued under the Employment of Foreign Manpower (Work Passes) Regulations, and includes a training work permit issued under those Regulations. |
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