Employment of Foreign Manpower (Levy) Order 2011

No. S 371

Employment of Foreign Manpower Act

(CHAPTER 91A)

Employment of Foreign Manpower
(Levy) Order 2011

In exercise of the powers conferred by section 11(1) of the Employment of Foreign Manpower Act, the Minister for Manpower hereby makes the following Order:

PART I

PRELIMINARY

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.

Definitions

2. In this Order, unless the context otherwise requires —

“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;

“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 worker, manufacturing worker, harbour craft worker, process construction worker, process maintenance worker or trainee specifically referred to in Part III;

“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 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;

“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;

“marine worker” means a work permit holder who is engaged in any occupation in the marine sector;

“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 Council of Social Service” means the National Council of Social Service established by the National Council of Social Service Act (Cap. 195A);

“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;

“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;

“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);

“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 skilled general work permit holder;

“skilled harbour craft worker” means a harbour craft worker who holds a licence issued by the Maritime and Port Authority of Singapore or possesses such other qualifications or work experience as may be recognised by that Authority;

“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 skilled manufacturing worker;

“skilled marine worker” means a marine 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;
(iii)	Det Norske Veritas Pte Ltd;
(iv)	Germanishercher Lloyd;
(v)	Lloyd’s Register of Shipping;
(vi)	Nippon Kaiji Kyokai;
(vii)	Singapore Test Services Pte Ltd; and
(viii)	Setsco Services Pte Ltd;

“skilled process construction worker” means a process construction worker —

(a)	who 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
(b)	who is positioned 3G or above in welding under the Common Welder Qualification Scheme conducted by the Singapore Welding Society;

“skilled process maintenance worker” means a process maintenance worker —

(a)	who 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
(b)	who is positioned 3G or above in welding under the Common Welder Qualification Scheme conducted by the Singapore Welding Society;

“skilled work permit holder” means a work permit holder who is a skilled general work permit holder, a skilled marine worker, a skilled manufacturing worker, a skilled harbour craft worker, a skilled process construction worker or a skilled process maintenance worker;

“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;

“unskilled general work permit holder” means a general work permit holder who is not a skilled general work permit holder;

“unskilled harbour craft worker” means a harbour craft worker who is not a skilled harbour craft worker;

“unskilled manufacturing worker” means a manufacturing worker who is not a skilled manufacturing worker;

“unskilled marine worker” means a marine worker who is not a skilled marine worker;

“unskilled process construction worker” means a process construction worker who is not a skilled process construction worker;

“unskilled process maintenance worker” means a process maintenance worker who is not a skilled process maintenance worker;

“unskilled work permit holder” means a work permit holder who is not a skilled work permit holder;

“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.

Made this 30th day of June 2011.

LOH KHUM YEAN

Permanent Secretary,
Ministry of Manpower,
Singapore.

[WP (C) 17:03; AG/LLRD/SL/91A/2010/3 Vol. 1]

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