Employment of Foreign Manpower (Work Passes) Regulations 2012

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.

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 (Cap. 133) 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.

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” 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.

(5) Every work permit issued to a foreign employee shall be subject to the conditions set out in Part VI of the Fourth Schedule, being conditions to be complied with by the foreign employee.

(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.

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, being conditions to be complied with by the foreign employee.

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.

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.

(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.

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 (Cap. 50);
(b)	a sole proprietorship or a firm registered under the Business Registration Act (Cap. 32); or
(c)	a limited liability partnership registered under the Limited Liability Partnerships Act (Cap. 163A),

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 on such terms as the Controller may determine; and

(c)

be supported by such information, statements and documents as the Controller may require.

(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.

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.

(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.

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 (Cap. 50);
(ii)	a religious group in Singapore; or
(iii)	a school registered under the Education Act (Cap. 87);

(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.

(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, “religious group” includes —

(a)	any company or other body corporate incorporated under the Companies Act 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 (Cap. 311), whose object is the promotion of any religion, religious worship or the practice, conduct, teaching or propagating of any religious belief.

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 (Cap. 133, Rg 1) (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.

(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.

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 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.

(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.

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 (Cap. 1).

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).

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