No. S 569
Employment of Foreign Manpower Act
(CHAPTER 91A)
Employment of Foreign Manpower
(Work Passes) Regulations 2012
In exercise of the powers conferred by section 29 of the Employment of Foreign Manpower Act, Mr Tan Chuan-Jin, Senior Minister of State, charged with the responsibility of the Minister for Manpower, hereby makes the following Regulations:
Citation and commencement
1.  These Regulations may be cited as the Employment of Foreign Manpower (Work Passes) Regulations 2012 and shall come into operation on 9th November 2012.
Definitions
1A.  In these Regulations, unless the context otherwise requires —
“applicable measure”, in relation to a dependant of a foreign employee or foreigner, means any of the following to which the dependant is subject:
(a)an order under regulation 3(1) of the Infectious Diseases (COVID-19 — Stay Orders) Regulations 2020 (G.N. No. S 182/2020);
(b)an order under section 15 or 17 of the Infectious Diseases Act 1976 relating to COVID-19;
(c)an order under the Infectious Diseases Act 1976 that the dependant undergoes any test carried out in Singapore, the purpose of which is to test for the presence of SARS-CoV-2 in that dependant;
“boarding premises” has the meaning given by section 2(1) of the Foreign Employee Dormitories Act 2015;
[S 774/2022 wef 01/10/2022]
“cleared status (general)” and “cleared status (special)” have the meanings given by the Infectious Diseases (COVID-19 Access Restrictions and Clearance) Regulations 2021 (G.N. No. S 273/2021);
“defined sector” means the construction, marine shipyard or process sector;
[S 774/2022 wef 01/10/2022]
“licensed dormitory” means any boarding premises that is the subject of a licence under the Foreign Employee Dormitories Act 2015;
[S 774/2022 wef 01/10/2022]
“movement control measure”, in relation to a foreign employee or foreigner, means any of the following to which the foreign employee or foreigner is subject:
(a)an order under regulation 3(1) of the Infectious Diseases (COVID-19 — Stay Orders) Regulations 2020;
(b)an order under section 15 or 17 of the Infectious Diseases Act 1976 relating to COVID-19;
(c)a condition imposed by the Controller on a work pass or an in-principle approval of the application for a work pass that the foreign employee or foreigner to or in respect of whom the work pass or in-principle approval is issued must go to and not leave a place of accommodation immediately after arriving in Singapore;
“place of accommodation”, for a foreign employee or foreigner, has the meaning given by the Infectious Diseases (COVID-19 — Stay Orders) Regulations 2020;
“resident”, in relation to an unregulated dormitory or a licensed dormitory, means any individual, who occupies or enjoys a right to occupy one or more beds or rooms, or spaces within a room, in the dormitory as the individual’s main or only residence in Singapore;
[S 774/2022 wef 01/10/2022]
“testing requirement”, in relation to a foreign employee or foreigner, means —
(a)an order under the Infectious Diseases Act 1976 that the foreign employee or foreigner undergoes any test carried out in Singapore, the purpose of which is to test for the presence of SARS-CoV-2 in that foreign employee or foreigner; or
(b)a condition imposed by the Controller on a work pass or an in-principle approval issued to or in respect of the foreign employee or foreigner that the foreign employee or foreigner must undergo any test carried out in Singapore, the purpose of which is to test for the presence of SARS-CoV-2 in that foreign employee or foreigner;
[S 275/2022 wef 01/04/2022]
[S 774/2022 wef 01/10/2022]
“unregulated dormitory” means boarding premises providing accommodation to 7 or more foreign employees and includes any place converted (temporarily or otherwise) for use as accommodation for 7 or more foreign employees, but excludes —
(a)any boarding premises to which the Foreign Employee Dormitories Act 2015 applies; and
(b)an isolation area within the meaning of section 17 of the Infectious Diseases Act 1976;
[S 774/2022 wef 01/10/2022]
“workers’ dormitory” means —
(a)a licensed dormitory; or
(b)an unregulated dormitory.
[S 774/2022 wef 01/10/2022]
Work passes
2.—(1)  The following categories of work passes may be issued by the Controller:
(a)work permit (including a training work permit);
(b)S pass;
(c)employment pass (including a training employment pass);
(d)personalised employment pass;
(e)EntrePass;
(f)work holiday pass;
(g)miscellaneous work pass; and
(h)letter of consent.
(2)  A work pass may be —
(a)in the form of a card;
(b)an endorsement made in the passport or other travel document of the work pass holder; or
(c)in such other form as the Controller may determine.
(3)  Where any pass issued to a foreigner by the Controller of Immigration under the Immigration Act 1959 expires and is not renewed or is cancelled, and the foreigner is the holder of an in-principle approval or a work pass, the in-principle approval or work pass issued to the foreigner shall by the operation of this regulation also cease to be valid.
[S 63/2022 wef 31/12/2021]
In-principle approval
3.—(1)  Every in-principle approval of an application for a work permit issued to a foreign employee whose occupation as stated in the application is “domestic worker” shall be subject to the conditions set out in Part I of the First Schedule and the regulatory conditions set out in Part II of the First Schedule, being conditions and regulatory conditions to be complied with by the employer of the foreign employee.
(2)  Every in-principle approval of an application for a work permit issued to a foreign employee whose occupation as stated in the application is other than “domestic worker” shall be subject to the conditions set out in Part III of the First Schedule and the regulatory conditions set out in Part IV of the First Schedule, being conditions and regulatory conditions to be complied with by the employer of the foreign employee.
(3)  Every in-principle approval of an application for an S pass issued to a foreign employee shall be subject to the conditions set out in Part I of the Second Schedule and the regulatory conditions set out in Part II of the Second Schedule, being conditions and regulatory conditions to be complied with by the employer of the foreign employee.
(4)  Every in-principle approval of an application for an employment pass issued to a foreign employee shall be subject to the conditions set out in Part I of the Third Schedule, being conditions to be complied with by the employer of the foreign employee.
(5)  An in-principle approval of an application for a work pass issued to a foreign employee shall lapse and cease to be valid immediately upon the work pass being issued to the foreign employee by the Controller.
Work permit
4.—(1)  Every application for a work permit to be issued to a foreign employee shall —
(a)be made —
(i)by the foreign employee; and
(ii)by the employer of the foreign employee, or on behalf of that employer by a person authorised by the employer;
(b)be made in such form as the Controller may determine; and
(c)be supported by such information, statements and documents as the Controller may require.
(2)  Every work permit issued to a foreign employee whose occupation on the work permit as stated is “domestic worker” shall be subject to the conditions set out in Part I of the Fourth Schedule and the regulatory conditions set out in Part II of the Fourth Schedule, being conditions and regulatory conditions to be complied with by the employer of the foreign employee.
(3)  Every work permit issued to a foreign employee whose occupation on the work permit as stated is other than “domestic worker” shall be subject to the conditions set out in Part III of the Fourth Schedule and the regulatory conditions set out in Part IV of the Fourth Schedule, being conditions and regulatory conditions to be complied with by the employer of the foreign employee.
(4)  Every work permit issued to a foreign employee whose occupation on the work permit is stated as a “construction worker” or “construction worker-cum-driver” shall be subject, in addition to the conditions set out in Part III of the Fourth Schedule and the regulatory conditions set out in Part IV of the Fourth Schedule, to the regulatory conditions set out in Part V of the Fourth Schedule, being regulatory conditions to be complied with by the employer of the foreign employee.
[S 333/2015 wef 01/06/2015]
(5)  Every work permit issued to a foreign employee shall be subject to the conditions set out in Part VI of the Fourth Schedule and the regulatory conditions set out in Part VII of the Fourth Schedule, being conditions and regulatory conditions to be complied with by the foreign employee.
[S 563/2013 wef 03/09/2013]
(6)  The Controller may issue a work permit, which shall be known as a training work permit, to a foreigner who is receiving or is about to receive training in connection with the occupation, trade or business of the employer of that foreigner.
(7)  A work permit issued to a foreign employee may be cancelled on an application to the Controller made —
(a)by the employer of the foreign employee, or on behalf of that employer by a person authorised by the employer; and
(b)in such form and manner as the Controller may determine.
(8)  No work permit is to be issued on or after 1 October 2022 in respect of a foreign employee who, at the time of issue, does not have a cleared status (general) or cleared status (special) unless the issue is upon a renewal of a work permit not covered by paragraph (9).
[S 774/2022 wef 01/10/2022]
(9)  Where the work permit for renewal is in respect of a foreign employee —
(a)whose work permit to be renewed states that he or she is or is to be employed in the defined sector; or
(b)who is a resident of or is provided accommodation in a workers’ dormitory, regardless if his or her work permit states that he or she is or is to be employed in the defined sector,
the work permit must not be issued upon renewal on or after 1 October 2022 in respect of the foreign employee if, at the time of issue upon renewal, that foreign employee does not have a cleared status (general) or cleared status (special).
[S 774/2022 wef 01/10/2022]
S pass
5.—(1)  Every application for an S pass to be issued to a foreign employee shall —
(a)be made —
(i)by the foreign employee; and
(ii)by the employer of the foreign employee, or on behalf of the employer by a person authorised by the employer;
(b)be made in such form as the Controller may determine;
(c)be accompanied by an undertaking from the employer or a sponsor of the foreign employee in such terms as the Controller may determine; and
(d)be supported by such information, statements and documents as the Controller may require.
(2)  An S pass issued to a foreign employee may be cancelled on an application to the Controller made —
(a)by the employer of the foreign employee, or on behalf of that employer by a person authorised by the employer; and
(b)in such form and manner as the Controller may determine.
(3)  Every S pass issued to a foreign employee shall be subject to —
(a)the conditions set out in Part I of the Fifth Schedule and the regulatory conditions set out in Part II of the Fifth Schedule, being conditions and regulatory conditions to be complied with by his employer; and
(b)the conditions set out in Part III of the Fifth Schedule and the regulatory conditions set out in Part IV of the Fifth Schedule, being conditions and regulatory conditions to be complied with by the foreign employee.
[S 563/2013 wef 03/09/2013]
(4)  No S pass is to be issued on or after 1 October 2022 in respect of a foreign employee who, at the time of issue, does not have a cleared status (general) or cleared status (special) unless the issue is upon a renewal of an S pass not covered by paragraph (5).
[S 774/2022 wef 01/10/2022]
(5)  Where the S pass for renewal is in respect of a foreign employee —
(a)whose S pass to be renewed states that he or she is or is to be employed in the defined sector; or
(b)who is a resident of or is provided accommodation in a workers’ dormitory, regardless if his or her S pass states that he or she is or is to be employed in the defined sector,
the S pass must not be issued upon renewal on or after 1 October 2022 in respect of the foreign employee if, at the time of issue upon renewal, that foreign employee does not have a cleared status (general) or cleared status (special).
[S 774/2022 wef 01/10/2022]
Employment pass
6.—(1)  Every application for an employment pass to be issued to a foreign employee shall —
(a)be made —
(i)by the foreign employee; and
(ii)by the employer of the foreign employee, or on behalf of the employer by a person authorised by the employer;
(b)be made in such form as the Controller may determine;
(c)be accompanied by an undertaking from the employer or a sponsor of the foreign employee in such terms as the Controller may determine; and
(d)be supported by such information, statements and documents as the Controller may require.
(2)  The Controller may issue an employment pass, which shall be known as a training employment pass, to a foreigner who is receiving or is about to receive training in connection with the occupation, trade or business of his employer.
(3)  Every employment pass issued to a foreign employee shall be subject to —
(a)the conditions set out in Part I of the Sixth Schedule and the regulatory conditions set out in Part II of the Sixth Schedule, being conditions and regulatory conditions to be complied with by his employer; and
(b)the conditions set out in Part III of the Sixth Schedule, being conditions to be complied with by the foreign employee.
(4)  An employment pass issued to a foreign employee may be cancelled on an application to the Controller made —
(a)by the employer of the foreign employee, or on behalf of that employer by a person authorised by the employer; and
(b)in such form and manner as the Controller may determine.
(5)  No employment pass is to be issued on or after 1 October 2022 in respect of a foreign employee who, at the time of issue, does not have a cleared status (general) or cleared status (special) unless the issue is upon a renewal of an employment pass.
[S 774/2022 wef 01/10/2022]
Personalised employment pass
7.—(1)  Every application for a personalised employment pass shall be submitted by a foreign employee and shall —
(a)be made in such form as the Controller may determine;
(b)be accompanied by an undertaking from the foreign employee in such terms as the Controller may determine; and
(c)be supported by such information, statements and documents as the Controller may require.
(1A)  No personalised employment pass is to be issued on or after 1 October 2022 in respect of a foreign employee who, at the time of issue of the personalised employment pass, does not have a cleared status (general) or cleared status (special).
[S 774/2022 wef 01/10/2022]
(1AA)  [Deleted by S 774/2022 wef 01/10/2022]
(1AB)  Every personalised employment pass issued to a foreign employee is subject to the condition that the personalised employment pass holder must comply with any movement control measure or testing requirement to which the holder is subject.
[S 275/2022 wef 01/04/2022]
(1B)  Every personalised employment pass issued on or after 1 February 2022 to a foreign employee is subject to the condition that the personalised employment pass holder must, in relation to a dependant of the holder who is to be issued, on or after 1 October 2022, with a dependant’s pass under the Immigration Regulations (Rg 1), ensure that the dependant has a cleared status (general) or cleared status (special) when the dependant’s pass is issued.
[S 774/2022 wef 01/10/2022]
(1C)  Paragraph (1B) does not apply in relation to a dependant of a foreign employee who is a child below 13 years of age.
[S 275/2022 wef 01/04/2022]
(1D)  Every personalised employment pass issued to a foreign employee is subject to the condition that the personalised employment pass holder must, in relation to any dependant of the holder, ensure that the dependant complies with any applicable measure to which the dependant is subject.
[S 275/2022 wef 01/04/2022]
(1E)  Every personalised employment pass issued to a foreign employee is subject to the condition that the employer of the personalised employment pass holder —
(a)must ensure that the holder complies with any movement control measure or testing requirement to which the holder is subject;
(b)must be responsible for the costs of the holder’s compliance with any movement control measure or testing requirement to which the holder is subject, unless paragraph (1F) applies; and
(c)must be responsible for the costs of the compliance by any dependant of the holder with any applicable measure to which the dependant is subject, unless paragraph (1G) applies.
[S 275/2022 wef 01/04/2022]
(1F)  The employer of the personalised employment pass holder may require the holder to pay such portion of the costs mentioned in paragraph (1E)(b) (called in this paragraph the applicable costs) as agreed by the employer and the holder if all of the following are satisfied:
(a)the holder leaves Singapore, during the validity period of the personalised employment pass, for any purpose other than a purpose that is exclusively or primarily for or in relation to the holder’s employment with the employer;
(b)the holder is required to comply with any movement control measure or testing requirement upon or immediately after the holder’s return to Singapore;
(c)the holder, before leaving Singapore, enters into a written agreement with the employer specifying the portion of the applicable costs to be borne by the holder.
[S 275/2022 wef 01/04/2022]
(1G)  The employer of the personalised employment pass holder may require the holder to pay such portion of the costs mentioned in paragraph (1E)(c) as agreed by the employer and the holder if the holder enters into a written agreement with the employer specifying the portion of those costs to be borne by the holder —
(a)where the dependant arrives in Singapore for the first time — before the dependant arrives in Singapore; or
(b)where the dependant leaves and returns to Singapore — before the dependant leaves Singapore.
[S 275/2022 wef 01/04/2022]
(2)  Every personalised employment pass issued to a foreign employee shall be subject to the condition that during the validity period of the personalised employment pass, the personalised employment pass holder shall notify the Controller, in such form and manner as the Controller may determine, of —
(a)any change of his employer, or in his employment status, in Singapore within 7 days after the change;
(b)any change in his contact details, including his residential and work place addresses, within 14 days after the change;
(c)any change of the person (specified by the holder) who may be contacted by the Controller for any purpose in relation to his personalised employment pass (referred to in this regulation as the contact person) within 7 days after the change;
(d)any change in the contact details, including residential address, of the contact person within 7 days after the foreign employee becomes aware of the change; and
(e)his annual salary at the end of each calendar year within 30 days after the end of the calendar year.
(3)  Every personalised employment pass issued to a foreign employee shall be subject to the condition that during the validity of the personalised employment pass, the foreign employee shall —
(a)engage only in the trade, occupation or type of employment specified in the personalised employment pass; and
(b)obtain the prior consent of the Controller at least 7 days before engaging in any trade, occupation or type of employment or a vocation, profession or any activity not specified in the personalised employment pass.
(4)  Every personalised employment pass issued to a foreign employee and which is applicable to the employer of the holder of the personalised employment pass shall be subject to the additional condition that the employer shall notify the Controller, in such form as the Controller may determine, of the commencement and cessation of the holder’s employment with that employer within 7 days after the commencement and cessation, respectively.
(5)  A personalised employment pass issued to a foreign employee may be cancelled on an application to the Controller made by the holder thereof (or the holder’s personal representative) and in such form and manner as the Controller may determine.
(6)  [Deleted by S 275/2022 wef 01/04/2022]
EntrePass
8.—(1)  The Controller may issue an EntrePass to a foreigner if the Controller is satisfied that the foreigner plans to set up, or operate a business in Singapore, whether in the form of —
(a)a body corporate incorporated under the Companies Act 1967;
[S 63/2022 wef 31/12/2021]
(b)a sole proprietorship or a firm registered under the Business Names Registration Act 2014; or
[S 143/2017 wef 03/01/2016]
[S 63/2022 wef 31/12/2021]
(c)a limited liability partnership registered under the Limited Liability Partnerships Act 2005,
[S 63/2022 wef 31/12/2021]
or otherwise.
(2)  Every application for an EntrePass shall be submitted by the foreigner and shall —
(a)be made in such form as the Controller may determine;
(b)be accompanied by —
(i)an undertaking from the foreigner on such terms as the Controller may determine; or
(ii)an undertaking from his sponsor which must be a body corporate incorporated under the Companies Act 1967 on such terms as the Controller may determine; and
[S 63/2022 wef 31/12/2021]
(c)be supported by such information, statements and documents as the Controller may require.
(2A)  No EntrePass is to be issued on or after 1 October 2022 in respect of a foreigner who, at the time of issue of the EntrePass, does not have a cleared status (general) or cleared status (special).
[S 774/2022 wef 01/10/2022]
(2AA)  [Deleted by S 774/2022 wef 01/10/2022]
(2AB)  Every EntrePass issued to a foreigner is subject to the condition that the foreigner must comply with any movement control measure or testing requirement to which the foreigner is subject.
[S 275/2022 wef 01/04/2022]
(2B)  Every EntrePass issued on or after 1 February 2022 to a foreigner is subject to the condition that the foreigner must, in relation to a dependant of the foreigner who is to be issued, on or after 1 October 2022, with a dependant’s pass under the Immigration Regulations other than upon renewal, ensure that the dependant has a cleared status (general) or cleared status (special) when the dependant’s pass is so issued.
[S 774/2022 wef 01/10/2022]
(2C)  Paragraph (2B) does not apply in relation to a dependant of a foreigner who is a child below 13 years of age.
[S 275/2022 wef 01/04/2022]
(2D)  Every EntrePass issued to a foreigner is subject to the condition that the foreigner must, in relation to any dependant of the foreigner, ensure that the dependant complies with any applicable measure to which the dependant is subject.
[S 275/2022 wef 01/04/2022]
(3)  Every EntrePass issued to a foreigner shall be subject to the condition that during the validity of the EntrePass, the foreigner shall —
(a)engage only in the trade, vocation, profession or activity specified in the EntrePass (unless sub-paragraph (b) applies);
(b)obtain the prior consent of the Controller at least 7 days before engaging in any trade, occupation or type of employment or a vocation, profession or any activity not specified in the foreigner’s EntrePass;
(c)notify the Controller, in such form and manner as the Controller may determine, of any change in contact details, including the foreigner’s residential and work place addresses, within 14 days after the change; and
(d)apply to the Controller to cancel the EntrePass within 7 days after the cessation of the business in respect of which the EntrePass was issued.
(4)  An EntrePass issued to a foreigner may be cancelled on an application to the Controller made by the holder thereof (or the holder’s personal representative) and in such form and manner as the Controller may determine.
(5)  [Deleted by S 275/2022 wef 01/04/2022]
Work holiday pass
9.—(1)  Every application for a work holiday pass shall be submitted by a foreigner and shall —
(a)be made in such form as the Controller may determine;
(b)be accompanied by an undertaking from the foreigner in such terms as the Controller may determine; and
(c)be supported by such information, statements and documents as the Controller may require.
(1A)  No work holiday pass is to be issued on or after 1 October 2022 in respect of a foreigner who, at the time of issue, does not have a cleared status (general) or cleared status (special).
[S 774/2022 wef 01/10/2022]
(1B)  Every work holiday pass issued to a foreigner is subject to the condition that the foreigner must comply with any movement control measure or testing requirement to which the foreigner is subject.
[S 275/2022 wef 01/04/2022]
(2)  A work holiday pass issued to a foreigner may be cancelled on an application to the Controller made by the holder thereof (or his personal representative) and in such form and manner as the Controller may determine.
(3)  [Deleted by S 275/2022 wef 01/04/2022]
Miscellaneous work pass
10.—(1)  Every application for a miscellaneous work pass to be issued to a foreigner shall be —
(a)made by his sponsor which must be —
(i)a body corporate incorporated under the Companies Act 1967;
[S 63/2022 wef 31/12/2021]
(ii)a religious group in Singapore; or
(iii)a school registered under the Education Act 1957;
[S 63/2022 wef 31/12/2021]
(b)made in such form as the Controller may determine;
(c)accompanied by an undertaking from the sponsor of the foreigner in such terms as the Controller may determine; and
(d)supported by such information, statements and documents as the Controller may require.
(1A)  No miscellaneous work pass is to be issued on or after 1 October 2022 in respect of a foreigner who, at the time of issue, does not have a cleared status (general) or cleared status (special).
[S 774/2022 wef 01/10/2022]
(1B)  Every miscellaneous work pass issued to a foreigner is subject to the condition that the foreigner must comply with any movement control measure or testing requirement to which the foreigner is subject.
[S 275/2022 wef 01/04/2022]
(2)  A miscellaneous work pass issued to a foreigner may be cancelled on an application to the Controller made by the sponsor of the foreigner and in such form and manner as the Controller may determine.
(3)  In this regulation —
[Deleted by S 275/2022 wef 01/04/2022]
“religious group” includes —
(a)any company or other body corporate incorporated under the Companies Act 1967 or any other written law for the purpose of promoting any religion, religious worship or dealing with religious affairs or practising, conducting, teaching or propagating any religious belief; and
(b)any body of persons, whether or not registered as a society under the Societies Act 1966, whose object is the promotion of any religion, religious worship or the practice, conduct, teaching or propagating of any religious belief.
[S 63/2022 wef 01/02/2022]
Letter of consent
11.—(1)  The Controller may issue a letter of consent to the holder of any pass issued by the Controller of Immigration under the Immigration Regulations (referred to in this regulation as an immigration pass) to allow him to engage in any form of paid employment, or in any business, profession or occupation in Singapore for a duration corresponding to the validity of his immigration pass.
[S 63/2022 wef 01/02/2022]
(1A)  No letter of consent is to be issued on or after 1 October 2022 in relation to a foreigner who, at the time of issue, does not have a cleared status (general) or cleared status (special) unless the issue is upon renewal.
[S 774/2022 wef 01/10/2022]
(1B)  [Deleted by S 774/2022 wef 01/10/2022]
(1C)  Every letter of consent issued to a foreigner is subject to the condition that the foreigner must comply with any movement control measure or testing requirement to which the foreigner is subject.
[S 275/2022 wef 01/04/2022]
(2)  Every letter of consent issued to a foreigner shall during the validity of the letter of consent be subject to the condition that the foreigner shall —
(a)engage only in the trade, occupation or type of employment or a vocation, profession or any activity specified in the letter of consent (unless sub-paragraph (b) applies); and
(b)obtain the prior consent of the Controller before engaging in any trade, occupation or type of employment or a vocation, profession or any activity not specified in the letter of consent.
(3)  Every letter of consent issued to a foreigner shall be subject to the condition that the foreigner shall, within 7 days after —
(a)the termination or completion (without renewal) of the employment which is the subject of the letter of consent; or
(b)the cancellation or expiry without renewal of the foreigner’s immigration pass,
inform the Controller of such termination or completion of employment, or such cancellation or expiry of the immigration pass, as the case may be.
(4)  [Deleted by S 275/2022 wef 01/04/2022]
Furnishing of security
12.—(1)  The Controller may require such security as the Controller thinks necessary to be furnished —
(a)by or on behalf of a work pass holder, for the purpose of ensuring the work pass holder’s compliance with the Act and with any condition of his work pass or any other requirement imposed on the work pass holder under the Act; or
(b)by or on behalf of —
(i)an employer of the work pass holder or any group or class of work pass holders; or
(ii)a sponsor of the work pass holder or any group or class of work pass holders,
for the purpose of ensuring compliance with any undertaking given by or requirement (including any requirement that continues to apply to the employer after cancellation of the work pass) imposed upon the employer or sponsor of the work pass holder or any group or class of work pass holders, as the case may be.
[S 865/2019 wef 01/01/2020]
(2)  A security shall be furnished in such form and manner as the Controller may determine and may be by bond, guarantee, cash deposit or any other method, or by any 2 or more different methods.
(3)  Where a security is furnished under this regulation, the work pass holder, the employer or sponsor of the work pass holder or any group or class of work pass holders, as the case may be, shall comply with the conditions specified in the security.
Forfeiture of security
13.—(1)  If the Controller is satisfied that a work pass holder, an employer or sponsor of a work pass holder or any group or class of work pass holders, as the case may be, has failed to comply with any condition specified in respect of any security furnished under regulation 12, the Controller may direct the forfeiture of the security or any part thereof.
(2)  The forfeiture of any security under this regulation shall be without prejudice to the taking of proceedings against any person for any offence or prescribed infringement under the Act or these Regulations.
(3)  Notice of the forfeiture of any security or any part thereof shall be given to the work pass holder, the employer or sponsor of the work pass holder or any group or class of work pass holders, as the case may be.
Fees
14.—(1)  There shall be payable to the Controller in respect of any matter set out in the first column of the Seventh Schedule the respective fee specified in the second column thereof.
(2)  The fees shall be payable in such manner as the Controller may specify or require.
Refund
15.—(1)  Subject to paragraph (2), it shall be lawful for the Controller, if it is proved to his satisfaction that any money has been overpaid or erroneously paid as a fee, to order the refund of the money so overpaid or erroneously paid.
(2)  No such refund shall be allowed unless a claim in respect thereof is made by or on behalf of the payer concerned in writing within 3 months after the overpayment or erroneous payment was made.
Waiver of fees
16.  The Controller may, in his discretion, waive wholly or in part the payment of any of the fees specified in the Seventh Schedule.
Recovery of certain fees for damaged or lost work pass
17.  For the purposes of section 25(6)(a) of the Act, the Controller permits an employer to recover —
(a)fees specified in item 1(e) and (f) of the Seventh Schedule from a foreign employee whose occupation as stated in the work permit is “domestic worker” if the damage to or loss of the foreign employee’s work permit was caused by the negligence of the foreign employee;
(b)fees specified in items 1(e) and (f), 6(c) and (d) and 10(e) and (f) of the Seventh Schedule from a foreign employee whose occupation as stated in the work permit is other than “domestic worker” if the damage to or loss of the foreign employee’s work permit was caused by the negligence of the foreign employee;
(c)fees specified in item 2(d) and (e) of the Seventh Schedule from a foreign employee issued with an S pass if the damage to or loss of the foreign employee’s S pass was caused by the negligence of the foreign employee;
(d)fees specified in items 3(d) and (e), and 7(c) and (d) of the Seventh Schedule from a foreign employee issued with an employment pass if the damage to or loss of the foreign employee’s employment pass was caused by the negligence of the foreign employee;
(e)fees specified in item 4(c) and (d) of the Seventh Schedule from a foreign employee issued with a personalised employment pass if the damage to or loss of the foreign employee’s personalised employment pass was caused by the negligence of the foreign employee; and
(f)fees specified in item 8(b) and (c) of the Seventh Schedule from a foreign employee issued with a work holiday pass if the damage to or loss of the foreign employee’s work holiday pass was caused by the negligence of the foreign employee.
Liability for certain costs
18.—(1)  Without prejudice to any written law, for the purposes of section 25(6)(f) of the Act, an employer of a foreign employee issued with an S pass, employment pass, personalised employment pass, work holiday pass or miscellaneous work pass shall bear and be liable for costs associated with training the foreign employee where the training is required by the employer except the Controller permits the foreign employee bearing such costs if the foreign employee consents in writing to bear such costs.
(2)  For the purposes of section 25(6)(g) of the Act, an employer of a foreign employee issued with an S pass, employment pass, personalised employment pass, work holiday pass or miscellaneous work pass shall bear and be liable for any costs associated with repatriating the foreign employee except the Controller permits the foreign employee bearing such costs if the foreign employee consents in writing to bear such costs.
Personal identifier may be taken
19.—(1)  The Controller, an employment inspector or any person duly authorised by the Controller may take the personal identifier of —
(a)any person who applies for or has been issued with a work pass; or
(b)any person suspected or has been convicted of an offence under the Act.
(2)  The Controller may —
(a)upon the request in writing of —
(i)the Commissioner of Police or a police officer authorised in writing by the Commissioner; or
(ii)a head of department of any law enforcement agency or an officer of such agency authorised in writing by the head of department; and
(b)for such purpose, as stated in the request, which the Controller thinks appropriate,
authorise the dissemination of any record of the personal identifiers obtained under paragraph (1) to the person making the request.
Application of work pass conditions to sole proprietorships
20.—(1)  Where —
(a)a registered business which is a sole proprietorship is to be transferred on or after 1st February 2011 from one person (referred to as transferor) to another person (referred to as transferee); and
(b)the contract of employment between a foreign employee and the transferor does not terminate because of the transfer but has effect as if originally made between the foreign employee and the transferee,
that transferee shall, not less than 30 days before the transfer of the registered business to him, apply to the Controller to vary the work permit issued to the foreign employee so that the transferee is registered as the employer of the foreign employee.
(2)  Where any transferee fails to comply with any requirement of paragraph (1), the Controller may impose on the transferee a financial penalty of such amount, not exceeding $10,000, as the Controller may determine.
(3)  The transferee shall be deemed to be the employer of the foreign employee from the date the Controller approves an application made to the Controller under paragraph (1).
(4)  Unless the Controller otherwise approves in writing, an employer who is a sole proprietor shall employ a foreign employee to perform work only for the business of the sole proprietor for which the work pass application was made and approved, and no other.
Matters that can be considered by Controller in determining debarment
20A.—(1)  In determining whether a person should be debarred under section 7(5)(d) of the Act from applying for or being issued with a work pass, the Controller may have regard (but is not limited) to —
(a)whether the person has contravened any provision in the Act, the Employment Act 1968, the Work Injury Compensation Act (Cap. 354) in force before 1 September 2020, the Work Injury Compensation Act 2019 or the Workplace Safety and Health Act 2006 which in the opinion of the Controller affects the suitability of the person as an employer;
[S 63/2022 wef 31/12/2021]
(b)whether the person has made reasonable efforts to provide fair employment opportunities to citizens of Singapore, including efforts to attract and consider such citizens for employment or to train them and develop their careers and potential in the workforce;
[S 63/2022 wef 01/02/2022]
[S 275/2022 wef 01/04/2022]
(c)whether the person has failed to comply with any condition or regulatory condition requiring the person or any foreign employee of the person —
(i)to obtain within the period specified or have a cleared status (general) or cleared status (special); or
(ii)to ensure that any dependant of the person obtains within the period specified or has a cleared status (general) or cleared status (special); and
[S 63/2022 wef 01/02/2022]
[S 275/2022 wef 01/04/2022]
(d)whether the person has failed to comply with any condition or regulatory condition requiring the person —
(i)to comply with any movement control measure or testing requirement to which the person is subject;
(ii)to ensure that any foreign employee of the person complies with any movement control measure or testing requirement to which the foreign employee is subject; or
(iii)to ensure that any dependant of the person complies with any applicable measure to which the dependant is subject.
[S 275/2022 wef 01/04/2022]
(2)  [Deleted by S 275/2022 wef 01/04/2022]
Matters that can be considered by Controller in determining revocation of work pass
20B.—(1)  In determining whether any work pass should be revoked under section 7(5)(b) of the Act, the Controller must have regard (but is not limited) to —
(a)whether the holder of the work pass or the employer of the holder of the work pass has failed to comply with any condition or regulatory condition requiring the holder of the work pass to obtain within the period specified or have a cleared status (general) or cleared status (special);
[S 275/2022 wef 01/04/2022]
(aa)whether the holder of the work pass or the employer of the holder of the work pass has failed to comply with any condition or regulatory condition requiring the holder of the work pass to comply with any movement control measure or testing requirement to which the holder is subject; or
[S 275/2022 wef 01/04/2022]
(b)whether the holder of the work pass has failed to comply with any condition or regulatory condition requiring the holder of the work pass to ensure that any dependant of the holder of the work pass obtains within the period specified or has a cleared status (general) or cleared status (special) or comply with any applicable measure to which the dependant is subject.
[S 275/2022 wef 01/04/2022]
(2)  [Deleted by S 275/2022 wef 01/04/2022]
Revocation
21.  The Employment of Foreign Manpower (Work Passes) Regulations (Rg 2) are revoked.
Transitional provisions
22.—(1)  Any work pass which is in force immediately before 9th November 2012 shall be deemed to be a work pass issued under these Regulations.
(2)  Where an application for a work pass has been made to the Controller before 9th November 2012, no work pass has been issued in respect of such application by that date and the application is not withdrawn, the application shall be dealt with by the Controller of Work Passes as if it were an application for a work pass made under these Regulations.
(3)  Where an appeal has been made to the Minister in connection with any work pass issued under the revoked Employment of Foreign Manpower (Work Passes) Regulations before 9th November 2012, the appeal has not been dealt with or disposed of by that date and the appeal is not withdrawn, the appeal shall continue to be dealt with in accordance with the revoked Regulations as if these Regulations had not been enacted.
(4)  These Regulations shall not apply to any inquiry, investigation or other proceeding commenced before 9th November 2012 and the revoked Employment of Foreign Manpower (Work Passes) Regulations shall continue to apply to that inquiry, investigation or proceeding as if these Regulations had not been enacted.
(5)  Nothing in this regulation shall be taken as prejudicing section 16 of the Interpretation Act 1965.
[S 63/2022 wef 31/12/2021]
Made this 8th day of November 2012.
LOH KHUM YEAN
Permanent Secretary,
Ministry of Manpower,
Singapore.
[HQ/Legis/EFMA/EFMR; AG/LLRD/SL/91A/2010/1 Vol. 4]
(To be presented to Parliament under section 29(3) of the Employment of Foreign Manpower Act).
Singapore Statutes Online
© 2024 Attorney-General's Chambers of Singapore,
Last updated 27 Nov 2024
Singapore Statutes Online is provided by the Legislation Division of the Attorney-General's Chambers of Singapore.