(SINGAPORE)

EMPLOYMENT AGENCIES ACT

(CHAPTER 92, SECTION 29)

EMPLOYMENT AGENCY RULES

[24th August 1984]

Citation

1. These Rules may be cited as the Employment Agency Rules.

Definitions

2. In these Rules, unless the context otherwise requires —"applicant for employment" means any
person applying for employment, work or contract or hire of his services at an employment
agency;"applicant for workers" means any person applying for the procurement of any worker for his
service at an employment agency.

Application for licence

3. An application for a grant or renewal of a licence shall be made in such form and within such period
as the Commissioner may require.

Enquiries

4. —(1) The Commissioner may make such enquiries as he thinks fit before or after granting or
renewing a licence. (2) Without prejudice to paragraph (1), the Commissioner may, before or after
granting or renewing a licence, make such enquiries as he thinks fit regarding persons who in his view
may have an interest in the grant or renewal of a licence, whether or not such persons are joined in
the application for the grant or renewal of a licence.

Security

5. The Commissioner may, before granting or renewing a licence, require the applicant to furnish —
(a) where the applicant is able to prove that he is carrying on an employment agency which has been
accredited under an accreditation scheme approved by the Commissioner, a cash security deposit or
a bank guarantee of $10,000; and(b) in any other case, a cash security deposit or a bank guarantee
of $20,000.Training

6. —(1) Subject to paragraph (2), the Commissioner shall not —(a) on or after 1st January 1999, grant
a licence; or(b) on or after 1st January 2000, renew a licence,unless the applicant has attended and
successfully completed such courses of training and passed such tests of proficiency as the
Commissioner may determine. (2) The Commissioner may, in any particular case if he thinks fit, grant
or renew a licence notwithstanding that the applicant has not satisfied the requirements referred to in
paragraph (1).

Persons to whom licence may not be granted

7. No licence shall be granted under the Act to —(a) any undischarged bankrupt;(b) any person
convicted of an offence under —(i) section 140, 141, 142, 146 or 148 of the Women’s Charter (Cap.
353);(ii) section 12 or 13 of the Children and Young Persons Act (Cap. 38); or(iii) section 366, 367,
370, 371, 372, 373, 373A or 374 of the Penal Code (Cap. 224); or(c) any person convicted of an
offence involving dishonesty under the Penal Code.Validity of licence

8. A licence granted under the Act shall be valid only in respect of the type of employment specified in
the licence.

Fee

9. —(1) No licence shall be granted or renewed under the Act until the prescribed fee has been paid.
(2) The fee payable for the grant or renewal of a licence shall be $350 per annum.

Separate licence

10. A separate licence shall be taken out for each employment agency.

Restriction on licensee and premises

11. The licence granted under the Act shall not be —(a) used directly or indirectly by any person other
than the one in whose favour it was granted;(b) used at any premises other than that specified in the
licence; and(c) transferred or assigned to any other person.

Foreign recruitment

12. —(1) No employment agency shall cause, induce or assist a foreign employee to enter Singapore
for the purpose of seeking employment unless the employer has obtained in respect of that foreign
employee the approval in principle of the Controller of Work Passes. (2) No employment agency shall
cause, induce or assist a foreign employee to commence work in Singapore unless the employer has
obtained in respect of that foreign employee a valid work permit issued by the Controller of Work
Passes. (3)   Upon obtaining employment for a foreign employee, an employment agency shall ensure
that the passport or work permit of the foreign employee is delivered or returned directly to that foreign
employee as soon as practicable unless the employment agency has a reasonable excuse not to do
so.

S 179/2008, wef 01/04/2008

(3A)   For the purposes of paragraph (3), an employment agency shall not be taken to have a
reasonable excuse for failing to deliver or return the passport or work permit of a foreign employee if
that failure is by reason only of the employment agency not being in possession of the passport or
work permit due to it having transferred or otherwise given possession of the passport or work permit
to another employment agency, whether located in Singapore or elsewhere.

S 179/2008, wef 01/04/2008

(4) For the purposes of this rule, “foreign employee” has the meaning assigned to it by section 2 of the
Employment of Foreign Manpower Act (Cap. 91A).

Licence to be displayed
13. Every licensee shall display the licence granted to him under the Act in a conspicuous place in the
office of the employment agency in respect of which the licence has been granted.

Change of place of business

14. No licensee shall move the place of business of the employment agency without the previous
consent in writing of the Commissioner.

Registers

15. Every licensee shall cause to be kept a register of applicants for employment and workers in such
form as the Commissioner may require.

Monthly returns

16. The monthly returns required to be submitted under section 17 of the Act shall be in accordance
with the First Schedule.

Scale of fees

17. —(1) The fees that may be received by an employment agency from an applicant for employment
or from an applicant for workers respectively shall be in accordance with the scale set out in the
Second Schedule. (2) Every licensee shall exhibit in a conspicuous place in the office of the
employment agency a copy of the scale set out in the Second Schedule.

Penalty

18. Any person who contravenes rule 11, 12, 13, 14, 15 or 17 (2) shall be guilty of an offence and
shall be liable on conviction to a fine not exceeding $1,000 and, in the case of a second or
subsequent conviction, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6
months or to both.

Prohibition from collecting deposits

19. —(1) A licensee who has been given a notice in writing under section 11 (2) of the Act —(a) shall
inform, in writing, every applicant for employment and every applicant for workers who uses his
services of the fact that he has been given the notice; and(b) shall not, after receiving the notice,
collect any deposit or fee from any person referred to in sub-paragraph (a).(2) Any person who
contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine not
exceeding $1,000.

FIRST SCHEDULE

Rule 16

EMPLOYMENT AGENCIES ACT

(CHAPTER 92)

EMPLOYMENT AGENCY RULES

RETURN OF SINGAPORE CITIZENS, PERMANENT RESIDENTS

AND NON-CITIZENS PLACED IN EMPLOYMENT
1. Every employment agency shall, within the first 7 days of each month, fill in this form and return it to
the Commissioner for Labour.2. One form should be filled in for each employment agency.3. The
number of employees placed in employment by nationality for the month of ________________ 20
_____ are:

Nationality Number of workers placed

Singapore Citizens  
Singapore Permanent Residents  
Non-Citizens on Work Passes  
Non-Citizens on Visit Passes  
Total  
Licence No.: _____________________________________ Name of Licensee:
________________________________ Signature of Licensee:____________________________
Date:______________________________________________

SECOND SCHEDULE

Rule 17

EMPLOYMENT AGENCIES ACT

(CHAPTER 92)

EMPLOYMENT AGENCY RULES

FEES

1. Fees that may be received by an employment agency from an applicant for employment shall be —

(a) Registration:Not more than $5 per person per registration.

(b) Commission:In addition to the above, not more than 10% commission on the first month’s earnings
of applicants placed in employment may be charged.

2. Fees that may be received by an employment agency from an applicant for workers shall be —

(a) Registration:Not more than $5 per employer per registration.

(b) Commission:In addition to the above, a commission of an amount not exceeding a sum equal to
80% of the amount of the first month’s total salary paid to each worker placed in employment may be
charged.

[G.N. Nos.S 216/84; S 293/93;S 197/95; S 4/98;S 201/2004; S 710/2005;S 342/2007]

Short title
1. This Act may be cited as the Employment of Foreign Manpower Act.
[30/2007]
Interpretation
2. In this Act, unless the context otherwise requires —
"construction works" means the construction, extension, installation, carrying out,
repair, maintenance, renewal, removal, alteration, dismantling or demolition of —
(a) any building, erection, edifice, structure, wall, fence or chimney, whether
constructed wholly or partly above or below ground level;
(b) any road, motorway, harbour works, railway, cableway, canal or aerodrome;
(c) any drainage, irrigation or river control work;
(d) any electrical, water, gas or telecommunication works; or
(e) any bridge, viaduct, dam, reservoir, earthworks, pipeline, sewer, aqueduct,
culvert, drive, shaft, tunnel or reclamation,
and includes any works which form an integral part of, or are preparatory to the
works described in paragraphs (a) to (e), including site clearance, earth-moving,
excavation, laying of foundation, site restoration and landscaping, and such other
works or activities as the Minister may, by notification in the Gazette, specify to be
construction works;
"Controller" means the Controller of Work Passes appointed under section 3;
"employ" means to engage or use the service of any person for the purpose —
(a) of any work; or
(b) of providing any training for that person,
whether under a contract of service or otherwise, and with or without salary;
"employer" means any person employing a foreign employee and, for the purposes
of an application for a work pass, any person who intends to employ a foreign
employee;
"employment inspector" means the Controller and any person appointed as an
employment inspector under section 3;
"foreign employee" means —
(a) any foreigner, other than a self-employed foreigner, who seeks or is offered
employment in Singapore; or
(b) such other person or class of persons as the Minister may, by notification in
the Gazette, specify;
"foreigner" means any person who is not a citizen or permanent resident of
Singapore;
"levy" means the levy imposed under section 11;
"occupier" , in relation to any premises, includes —
(a) the person having the charge, management or control of either the whole or part
of the premises either on his own account or as an agent; and
(b) any person who is carrying out construction or other works at the premises on
behalf of some other person;
"premises" includes —
(a) any building or structure, whether permanent or temporary;
(b) any land, whether or not built on;
(c) any place, whether or not enclosed, including any place situated underground or
underwater;
(d) any vehicle, vessel or aircraft; and
(e) any part of any premises;
"self-employed foreigner" means any foreigner who, not being employed under a
contract of service, engages in any trade, vocation, profession or other activity in
Singapore for the purpose of gain;
"train" , in relation to a foreign employee, means to teach, instruct or educate the
foreign employee in relation to the work in which the foreign employee is
employed or to be employed;
"work pass" means a work pass belonging to any prescribed category of work
passes which is issued by the Controller under section 7.
[37/95; 26/2001;30/2007]
Meaning of “personal identifier”
2A. —(1) In this Act, “personal identifier” means any of the identifiers specified in
the Schedule (including any in digital form).
(2) The Minister may, by order published in the Gazette, amend the Schedule,
except that any other personal identifier so prescribed in the order must —
(a) be an image of, or a measurement or recording of, an external part of the human
body; and
(b) not be an identifier the obtaining of which would involve the taking of an
intimate sample within the meaning of section 13A of the Registration of
Criminals Act (Cap. 268).
[30/2007]
Appointment of Controller of Work Passes and employment inspectors
3. —(1) The Minister may appoint a Controller of Work Passes who shall have
such functions and powers as are conferred on him by this Act and such number of
Deputy Controllers of Work Passes and Assistant Controllers of Work Passes as
the Minister may think necessary to assist the Controller in the proper discharge of
his functions.
[39/98;30/2007]
(1A) The Deputy Controllers of Work Passes and the Assistant Controllers of
Work Passes shall have and may exercise and perform all the powers, duties and
functions of the Controller conferred by this Act, subject to such limitations as the
Controller may think fit to impose.
[39/98;30/2007]
(2) The Minister may appoint such number of employment inspectors as he may
think fit for carrying out the purposes of this Act.
Controller and employment inspectors to be public servants
3A. The Controller and every Deputy Controller of Work Passes, Assistant
Controller of Work Passes and employment inspector appointed under section 3
shall be deemed to be public servants within the meaning of the Penal Code (Cap.
224).
 [30/2007]
Exemption
4. The Minister may, by notification in the Gazette, exempt any person or class of
persons from all or any of the provisions of this Act.
Prohibition of employment of foreign employee without work pass
5. —(1) No person shall employ a foreign employee unless the foreign employee
has a valid work pass.
[30/2007]
(2) No foreign employee shall be in the employment of an employer without a
valid work pass.
[30/2007]
(3) No person shall employ a foreign employee otherwise than in accordance with
the conditions of the foreign employee’s work pass.
[30/2007]
(4) In any proceedings for an offence under subsection (1), it shall not be a defence
for a defendant to prove that he did not know that the employee was a foreigner
unless the defendant further proves that he had exercised due diligence to ascertain
the nationality of the employee.
[37/95;30/2007]
(5) For the purpose of subsection (4), a defendant shall not be deemed to have
exercised due diligence unless he had checked the passport, document of identity
or other travel document of the employee.
[37/95;30/2007]
(6) Any person who contravenes subsection (1) shall be guilty of an offence and
shall —
(a) be liable on conviction to a fine not exceeding $15,000 or to imprisonment for a
term not exceeding 12 months or to both; and
(b) on a second or subsequent conviction —
(i) in the case of an individual, be punished with imprisonment for a term of not
less than one month and not more than 12 months and also be liable to a fine not
exceeding $15,000; and
(ii) in the case of a body corporate, be punished with a fine not exceeding $30,000.
[30/2007]
(6A) Where a court has convicted a person for the contravention of subsection (1),
the court shall, in addition to imposing on that person any other punishment, order
the payment by him of a sum which is equal to the levy which would have been
payable if any work pass had been issued for the period during which any foreign
employee was employed by the person in contravention of subsection (1), and any
such payment ordered shall be recoverable as a fine.
[30/2007]
(7) Any person who contravenes subsection (2) shall be guilty of an offence and
shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for
a term not exceeding 12 months or to both.
(7A) Any person who contravenes subsection (3) shall be guilty of an offence and
shall be liable on conviction to a fine not exceeding $5,000.
[30/2007]
(8) For the purposes of this section —
(a) the levy payable shall be determined using the lowest applicable monthly rate
of levy as specified in an order made by the Minister under section 11 in respect of
the trade or type of occupation of the foreign employee at the date when he was
first employed by the defendant without a valid work pass, and a certificate issued
by the Controller and tendered in court shall be prima facie evidence of such rate;
(b) for the avoidance of doubt, where a person has been convicted of an offence
under subsection (6), and he has on a previous occasion been convicted for
contravening section 5(1) of the Employment of Foreign Workers Act (Cap. 91A,
1997 Ed.) in force immediately before 1st July 2007, the first-mentioned
conviction shall be considered a second or subsequent conviction under subsection
(6); and
(c) all convictions against the same person for the contravention of subsection (1)
at one and the same trial shall be deemed to be one conviction.
[30/2007]
Presumption of employment
6. Where a foreigner is found at any premises, the occupier of the premises shall be
presumed, until the contrary is proved, to have employed the foreigner.
[37/95]
Prohibition of foreigner without work pass entering or remaining at work
place
6A. —(1) No occupier of a work place who has control of access to the work place
shall permit any foreigner without a valid work pass to enter or remain at the work
place.
[37/95;30/2007]
(2) Where a foreigner without a valid work pass is found at any work place, it shall
be presumed, until the contrary is proved, that the occupier of the work place —
(a) had control of access to the work place;
(b) had permitted the foreigner to enter or remain at the work place; and
(c) had knowledge that the foreigner did not possess a valid work pass.
[37/95;30/2007]
(3) The presumptions provided for in subsection (2) shall not be rebutted by proof
that a defendant did not know that the person was a foreigner unless the defendant
further proves that he had exercised due diligence —
(a) to prevent the foreigner from entering or remaining at the work place;
(b) to ascertain that the person was a citizen or permanent resident of Singapore by
checking his passport, document of identity or other travel documents; or
(c) to ascertain that the foreigner had at the material time in his possession a valid
work pass by checking his original work pass.
[37/95;30/2007]
(4) For the purposes of subsection (3)(a), a defendant shall not be deemed to have
exercised due diligence unless he had taken all reasonable measures to prevent any
foreigner without a valid work pass from entering or remaining at the work place,
including all the measures prescribed under subsection (5) in respect of the work
place.
[37/95;30/2007]
(5) For the purposes of subsection (4), the Minister may, by notification in
the Gazette, prescribe the measures that are required to be taken by the occupier of
the work place.
[37/95]
(6) Any person who contravenes subsection (1) shall be guilty of an offence and
shall be liable —
(a) on conviction to a fine not exceeding $15,000 or to imprisonment for a term not
exceeding 12 months or to both; and
(b) on a second or subsequent conviction, to a fine not exceeding $30,000 or to
imprisonment for a term not exceeding 2 years or to both.
[30/2007]
(7) In this section —
"occupier" , in relation to a work place, means the principal contractor who
undertakes any construction works at the work place and includes such other
person as the Minister may, by notification in the Gazette, specify to be the
occupier of the work place;
"principal contractor" means a person who has entered into a contract with an
owner, a developer or a lessee of a property or his agent for the purpose of carrying
out any construction works, or such other works or activities as the Minister may,
by notification in the Gazette, specify;
"work place" means any place or premises where works are being carried out and
includes any premises within the vicinity of the work place to which the occupier
has control of access.
[37/95; 30/2007]
(7A) For the avoidance of doubt, where a person has been convicted of an offence
under subsection (6), and he has on a previous occasion been convicted for
contravening section 6A(1) of the Employment of Foreign Workers Act (Cap. 91A,
1997 Ed.) in force immediately before 1st July 2007, the first-mentioned
conviction shall be considered a second or subsequent conviction under subsection
(6).
[30/2007]
(7B) All convictions against the same person for the contravention of subsection
(1) at one and the same trial shall be deemed to be one conviction.
[30/2007]
(8) Nothing in this section shall prevent any person from being prosecuted under
any other provision of this Act for any act or omission which constitutes an offence
under that other provision, but no person shall be punished twice for the same
offence.
 [37/95]
Application for work pass
7. —(1) Every application for a work pass shall —
(a) where the work pass belongs to any category of work passes prescribed by the
Minister, be made by a person prescribed for that category of work passes;
(b) be in such form as the Controller may determine;
(c) be accompanied by the prescribed fee, if any; and
(d) be accompanied by such information, statements and documents as the
Controller may require.
[30/2007]
(2) On receipt of an application under subsection (1), the Controller may —
(a) issue a work pass, with or without conditions —
(i) if the prescribed fee has been paid; and
(ii) if the Controller is satisfied that the foreign employee or self-employed
foreigner to whom the work pass is to be issued is not a prohibited immigrant
under section 8 of the Immigration Act (Cap. 133); or
(b) refuse to issue any work pass.
[30/2007]
(3) A work pass may, on payment of the prescribed renewal fee, be renewed by the
Controller for such period as the Controller may determine, starting from the day
immediately following the day on which the work pass would have expired but for
that renewal.
[30/2007]
(4) The Controller may at any time —
(a) vary or revoke any of the existing conditions of a work pass or impose new
conditions;
(b) vary, suspend or revoke a work pass;
(c) reinstate a work pass which has been suspended or revoked, if the prescribed
fee has been paid; or
(d) debar any person from applying for or being issued with a work pass for such
fixed period of time as may be determined by the Controller.
[30/2007]
(5) Any person who is aggrieved by a decision of the Controller under subsection
(2), (3) or (4) may appeal to the Minister, whose decision shall be final.
[30/2007]
(6) There shall be no judicial review in any court of any decision or act of the
Minister or the Controller under this section, except in regard to any question
relating to compliance with any procedural requirement of this Act governing such
decision.
[30/2007]
(7) In subsection (6), “judicial review” includes proceedings instituted by way of
—
(a) an application for a Mandatory Order, a Prohibiting Order or a Quashing Order;
(b) an application for a declaration or an injunction;
(c) an Order for Review of Detention; and
(d) any other suit or action relating to or arising out of any decision made or act
done in pursuance of any power conferred upon the Minister or the Controller by
this section.
[30/2007]
Register of foreign employees to be kept by employer
8. —(1) An employer shall keep, in accordance with section 95 of the Employment
Act (Cap. 91), a register of foreign employees to whom work passes have been
issued under section 7.
[30/2007]
(2) The register shall be in such form and shall contain such particulars as the
Controller may determine.
(3) The register shall, at all reasonable times, be open to inspection by an
employment inspector.
Termination of employment of foreign employees
9. —(1) Where the Controller has decided to suspend or revoke the work pass of a
foreign employee under section 7(4), the Controller shall notify the employer of
the foreign employee of his decision and the employer of the foreign employee
shall, within 7 days of receiving the notification, terminate the employment of the
foreign employee.
[30/2007]
(2) Every employer of a foreign employee who intends to have the work pass of
the foreign employee cancelled shall —
(a) apply to the Controller to cancel the work pass; and
(b) if so required, return the work pass to the Controller within 7 days of such
cancellation.
[30/2007]
(3) An employer who contravenes subsection (1) or (2) shall be guilty of an
offence and shall be liable on conviction to a fine not exceeding $5,000.
[30/2007]
(4) The termination of the employment of a foreign employee under subsection (1)
shall not be —
(a) capable of negotiation with a trade union representing the foreign employee;
(b) a matter in respect of which any form of industrial action may be taken by any
such trade union;
(c) the subject-matter of a trade dispute or of conciliation proceedings or any
method of redress whether or not under any written law; and
(d) any industrial matter within the meaning of the Industrial Relations Act (Cap.
136).
[30/2007]
(5) Where in respect of the employment of any person there has been any
contravention of subsection (1), that person shall not, by reason only of such
contravention, be deemed to be employed under an illegal contract of employment.
Self-employed foreigners to apply for work passes
10. —(1) No self-employed foreigner shall engage in any trade, vocation,
profession or other activity for the purpose of gain in Singapore unless he has
obtained a valid work pass which allows him to work in Singapore.
[30/2007]
(2) Any self-employed foreigner who contravenes subsection (1) shall be guilty of
an offence and shall —
(a) be liable on conviction to a fine not exceeding $15,000 or to imprisonment for a
term not exceeding 12 months or to both; and
(b) on a second or subsequent conviction, be punished with imprisonment for a
term of not less than one month and not more than 12 months and also be liable to
a fine not exceeding $15,000.
[30/2007]
(3) Where a court has convicted a person for the contravention of subsection (1),
the court shall, in addition to imposing on that person any other punishment, order
the payment by him of a sum which is equal to the levy which would have been
payable if a valid work pass had been issued for the period during which the person
was engaged in a trade, vocation, profession or other activity for the purpose of
gain in Singapore, and any such payment ordered shall be recoverable as a fine.
[30/2007]
(4) For the purposes of this section —
(a) the levy payable shall be determined using the lowest applicable monthly rate
of levy as specified in an order made by the Minister under section 11 in respect of
the trade, vocation, profession or other activity engaged in by the self-employed
foreigner at the date when he was first so engaged, and a certificate issued by the
Controller and tendered in court shall be prima facie evidence of such rate;
(b) for the avoidance of doubt, where a person has been convicted of an offence
under subsection (2), and he has on a previous occasion been convicted for
contravening section 10(1) of the Employment of Foreign Workers Act (Cap. 91A,
1997 Ed.) in force immediately before 1st July 2007, the first-mentioned
conviction shall be considered a second or subsequent conviction under subsection
(2); and
(c) all convictions against the same person for the contravention of subsection (1)
at one and the same trial shall be deemed to be one conviction.
[30/2007]
Levy in respect of foreign employee or self-employed foreigner
11. —(1) The Minister may, by order published in the Gazette, provide for the
imposition of a levy of such amount as may be specified in the order on employers
in respect of any foreign employee or class of foreign employees or on self-
employed foreigners who have, pursuant to section 10(1), obtained a work pass to
engage in any trade, vocation, profession or other activity in Singapore for the
purpose of gain.
[30/2007]
(2) The levy shall continue to be payable unless the work pass —
(a) has expired;
(b) has been suspended or revoked by the Controller; or
(c) has been cancelled by the Controller on application by the employer.
[30/2007]
(3) Any order made under subsection (1) may provide for the recovery of the levy
in such manner and through such channels as may be specified in the order.
(4) Where the amount of the levy payable by any employer or self-employed
foreigner in respect of any month is not paid within such period as may be
specified in the order, the employer or self-employed foreigner shall be liable to
pay a penalty on the amount for every day the amount remains unpaid commencing
from the first day of the month succeeding the month in respect of which the
amount is payable.
[30/2007]
(5) The penalty under subsection (4) shall be calculated at the rate specified by the
Minister, by notification published in the Gazette, or the sum of $5, whichever is
the greater, but, subject to that, the total penalty shall not exceed 30% of the
amount of levy outstanding.
[30/2007]
(6) The Controller may, in any case in which he thinks fit, waive, remit or refund
in whole or in part any penalty due under subsection (4).
[37/95;30/2007]
(7) Any levy and penalty due from and payable by any employer or self-employed
foreigner shall be recoverable by the Controller, or any person duly authorised by
the Controller to act on his behalf, as a debt due to the Government.
[30/2007]
(8) For the purposes of reimbursing any person authorised by the Controller to act
on his behalf for the expenses incurred by him in the collection and recovery of the
levy, the Minister may authorise the person to be paid such amount as the Minister
may determine.
(9) In any proceedings for the recovery of any levy and penalty due thereon which
any employer or self-employed foreigner is liable to pay, a certificate purporting to
be under the hand of the Controller certifying the amount of the levy and penalty
due thereon payable by the employer or self-employed foreigner shall be prima
facie evidence of the facts stated therein.
[30/2007]
Extent of validity of work pass
12. —(1) A work pass for a foreign employee shall be valid only in respect of the
trade or occupation, the type of employment, the employer and the foreign
employee that may be specified therein.
[30/2007]
(2) A work pass for a self-employed foreigner shall be valid only in respect of the
trade, vocation, profession or activity and the self- employed foreigner that may be
specified therein.
[30/2007]
(3) A work pass shall be valid for the period specified in the work pass unless it is
earlier suspended or revoked by the Controller, or earlier cancelled by the
Controller on the application by the employer or self-employed foreigner, as the
case may be.
[30/2007]
Custody of work pass, etc.
13. —(1) A work pass holder shall not allow any other person to have possession
of his work pass.
[30/2007]
(2) If required by the Controller, a foreign employee shall hand over the work pass
to his employer on the last day of his employment with that employer.
[30/2007]
(3) An employer who is handed a work pass under subsection (2) shall return the
work pass to the Controller within 7 days of the date he receives the work pass.
[30/2007]
(4) Upon demand by an employment inspector, a work pass holder shall produce
his work pass for inspection.
[30/2007]
Loss, etc., of work pass
14. —(1) When a work pass has been lost, destroyed or defaced, the foreign
employee or the employer or the self-employed foreigner, as the case may be, shall
report to the Controller within 7 days of such loss, destruction or defacement, and
the Controller may issue a duplicate work pass on payment of the prescribed fee.
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(2) Where the foreign employee or the employer or the self- employed foreigner
recovers possession of the work pass after notifying the loss of the work pass, the
foreign employee or the employer or the self-employed foreigner, as the case may
be —
(a) may retain the work pass if no duplicate work pass has been issued by the
Controller under subsection (1); or
(b) shall immediately return the work pass so recovered to the Controller for
revocation if a duplicate work pass has been issued by the Controller under
subsection (1).
[30/2007]
(3) A person who finds or comes into possession of a work pass other than his own
shall immediately deliver it to the Controller.
[30/2007]
Burden of proof
15. The burden of proving the truth of the contents of a written application for a
work pass under section 7 shall be on the person who makes the application.
[30/2007]
Powers of employment inspector
16. —(1) An employment inspector shall, for the purposes of this Act, have power
to do all or any of the following things:
(a) to enter and search, by day or by night, any premises or part thereof when he
has reasonable cause to believe that any person is employed therein or
accommodated thereat or that evidence of the commission of an offence under this
Act can be found therein;
(b) to require any person who the employment inspector has reason to believe has
any document, including documents of identity and travel documents, or
information relevant to the carrying out of the provisions of this Act, to produce
any such document or give such information;
(c) to retain any document relevant to the carrying out of the provisions of this Act;
(d) to examine orally any person supposed to be acquainted with the facts and
circumstances relevant to the carrying out of the provisions of this Act, and to
reduce into writing the answer given or statement made by that person who shall
be bound to state truly the facts and circumstances with which he is acquainted;
and the statement made by that person shall be read over to him and shall, after
correction, be signed by him;
(e) to require by order in writing the attendance before him of any person who,
from information given or otherwise, appears to be acquainted with the facts and
circumstances relevant to the carrying out of the provisions of this Act, and that
person shall so attend as required and if he fails to attend as so required, to report
such failure to a Magistrate who may thereupon issue a warrant to secure the
attendance of that person as required by the order;
(f) to take such photographs as he thinks necessary of the premises and persons
reasonably believed to be acquainted with the facts and circumstances relevant to
the carrying out of the provisions of this Act;
(g) to require any person to produce any article which is relevant to any
investigation under this Act and, if necessary, to take into custody any such article.
[37/95;30/2007]
(2) An employment inspector may require the occupier of any premises and his
agents and any person found in the premises to furnish such means required by the
employment inspector as necessary for any entry, search, examination or
investigation, and the taking of photographs or the taking of articles into custody or
otherwise for the exercise of his powers under this Act.
[37/95]
(3) An employment inspector may, after concluding his investigation, hand over to
an immigration officer any travel document which he has taken into custody or has
been produced to him.
(4) If any person —
(a) intentionally offers any resistance to or wilfully delays an employment
inspector in the exercise of any power under this section;
(b) fails to comply with the requisition of an employment inspector under this
section;
(c) fails to produce any document which he is required by or under this section to
produce;
(d) wilfully withholds any information as to who is the occupier of the premises or
who is the principal contractor or who is his employer; or
(e) conceals or prevents or attempts to conceal or prevent a person from appearing
before or being examined by an employment inspector,
that person shall be deemed to obstruct an employment inspector in the execution
of his duties under this Act.
[37/95]
(5) Every employment inspector shall have authority to appear in court and may,
with the authorisation of the Public Prosecutor, conduct any prosecution in respect
of any offence under this Act or any regulations made thereunder.
Change of address
17. —(1) If required by the Controller, any employer shall inform the Controller of
any change in his address within 14 days of such change —
(a) where the employer is an individual registered under the National Registration
Act (Cap. 201), by reporting the change of his place of residence under section 8 of
that Act;
(b) where the employer is a body corporate incorporated under the Companies Act
(Cap. 50), a sole proprietorship or a firm registered under the Business Registration
Act (Cap. 32) or a limited liability partnership registered under the Limited
Liability Partnerships Act (Cap. 163A), by reporting the change of the address of
the registered office or place of business under section 143 of the Companies Act,
section 14 of the Business Registration Act (Cap. 32) or section 26 of the Limited
Liability Partnerships Act (Cap. 163A), as the case may be; or
(c) where paragraphs (a) and (b) are not applicable, in writing.
[30/2007]
(2) The address as reported in subsection (1) shall be deemed to be the last known
address of the employer for the purposes of section 18.
[30/2007]
(3) If required by the Controller, any foreign employee or self- employed foreigner
shall inform the Controller in writing of any change in his address within 14 days
of such change.
[30/2007]
(4) The address as reported in subsection (3) shall be deemed to be the last known
address of the foreign employee or self-employed foreigner for the purposes of
section 18.
[30/2007]
Service of notices
18. —(1) Every notice, order or document required or authorised by this Act or any
regulations made thereunder to be served on any person may be served —
(a) by delivering it to the person or to some adult member or employee of his
family at his last known place of residence;
(b) by leaving it at his usual or last known place of residence or business in an
envelope addressed to him; or
(c) by sending it by ordinary or registered post addressed to the person at his usual
or last known place of residence or business.
[37/95]
(2) Where any notice, order or document is served by ordinary or registered post, it
shall be deemed to have been duly served at the time it would have been received
in the ordinary course of post if the notice, order or document is addressed —
(a) in the case of a company incorporated in Singapore, to the registered office of
the company;
(b) in the case of a company incorporated outside Singapore, either to the
individual authorised to accept service of process under the Companies Act (Cap.
50) at the address filed with the Registrar of Companies, or to the registered office
of the company wherever it may be situated;
(c) in the case of an individual, a partnership (including a limited liability
partnership as defined in section 4(1) of the Limited Liability Partnerships Act
(Cap. 163A)) or a body of persons, to the last known business or private address of
such individual, partnership or body of persons.
[37/95;30/2007]
(3) Where any notice, order or document is served by registered post in accordance
with subsection (2), in proving service of the notice, order or document, it shall be
sufficient to prove that the envelope containing the same was properly addressed,
stamped and posted by registered post.
[37/95]
(4) Every notice, order or document to be given by the Controller under this Act
shall be signed by the Controller or by some person or persons from time to time
authorised by the Controller in that behalf and every such notice, order or
document shall be valid if the signature or an official facsimile thereof of the
Controller or of such person or persons is duly printed or written thereon.
[37/95]
(5) Any notice or order under this Act requiring the attendance of any person or
witness before the Controller shall be signed by the Controller or by a person duly
authorised by the Controller.
[37/95]
Protection from personal liability
19. No suit or other legal proceedings shall lie against the Controller or any
employment inspector or other person acting under the direction of the Controller
for anything which is in good faith done or intended to be done in the execution or
purported execution of this Act.
[37/95]
Offence by body corporate
20. Where an offence under this Act or any regulations made thereunder is
committed by a body corporate, and it is proved to have been committed with the
consent or connivance of, or to be attributable to any act or default on the part of,
any director, manager, secretary or other similar officer of the body corporate, or
any person who was purporting to act in any such capacity, he, as well as the body
corporate, shall be guilty of that offence and shall be liable to be proceeded against
and punished accordingly.
[37/95]
Power to arrest without warrant
21. —(1) Any police officer or employment inspector may arrest without warrant
any person whom he reasonably believes —
(a) is employing a foreigner —
(i) without a valid work pass; or
(ii) otherwise than in accordance with the conditions of a work pass;
(b) is a foreign employee or self-employed foreigner who is working without a
valid work pass;
(c) has obstructed an employment inspector who is discharging his duties under
this Act;
(d) has made any statement or furnished any information to the Controller or an
employment inspector under this Act which is false in any material particular or is
misleading by reason of the omission of any material particular;
(e) has given, sold, forged or unlawfully altered a work pass;
(f) has used or, without lawful authority, has possession of a forged or an
unlawfully altered work pass, or a work pass which is issued to another person; or
(g) has abetted any other person in any act referred to in paragraphs (a) to (f).
[30/2007]
(2) An employment inspector making an arrest without warrant shall, without
unnecessary delay and subject to subsection (4), take or send the person arrested
before a Magistrate’s Court.
[30/2007]
(3) No employment inspector shall detain in custody a person arrested without
warrant for longer than is reasonable in the circumstances, and such period shall
not exceed 48 hours exclusive of the time necessary for the journey from the place
of arrest to the Magistrate’s Court.
[30/2007]
(4) Any person who has been arrested by an employment inspector may be
released on bail, or on his own bond, by an employment inspector.
[30/2007]
Arrest how made
21A. —(1) In making an arrest, an employment inspector making the arrest shall
touch or confine the body of the person to be arrested unless the person submits to
arrest by word or action.
[30/2007]
(2) If the person forcibly resists or tries to evade arrest, the employment inspector
may use all means necessary to effect the arrest.
[30/2007]
No unnecessary restraint
21B. —(1) The person arrested shall not be subjected to more restraint than is
necessary to prevent his escape.
 [30/2007]
(2) An employment inspector may use handcuffs or any similar means of restraint
on a person arrested to prevent him from —
(a) inflicting any bodily injury to himself or others;
(b) damaging any property;
(c) creating any disturbance; or
(d) escaping from custody.
[30/2007]
(3) The handcuffs or means of restraint shall not be used for the purpose of
punishment.
[30/2007]
Search of persons arrested
21C. —(1) When a person is arrested, the employment inspector making the arrest
may search the person and take possession of all articles (other than necessary
wearing apparel) found upon the person that the employment inspector has reason
to believe were connected with the offence for which the person was being
arrested.
[30/2007]
(2) Whenever it is necessary to cause a person to be searched, the search shall be
made by an employment inspector of the same sex as the person, with strict regard
to decency.
[30/2007]
Employment inspector to be armed
21D. Every employment inspector shall be provided with such batons and
accoutrements as may be necessary for the effective discharge of his duties.
[30/2007]
Power to seize offensive weapons
21E. An employment inspector making any arrest may take from the person
arrested any offensive weapons which he has about his person.
[30/2007]
Power on escape to pursue and arrest
21F. If a person in lawful custody escapes or is rescued, the employment inspector
from whose custody he escaped or was rescued may immediately pursue and arrest
him in any place within Singapore and deal with that person as he might have done
on the original arrest.
[30/2007]
Disposal of documents or articles
21G. —(1) Any document or article produced, retained or requisitioned under
section 16(1)(b), (c) or (g) or 21E shall —
(a) where the document or article is produced in any criminal trial, be dealt with in
accordance with section 364(1) of the Criminal Procedure Code 2010; or
(b) in any other case —
(i) be returned to the owner; or
(ii) if the owner is not known, be reported to a Magistrate’s Court.
 [30/2007]
(2) Where the report of any document or article produced, retained or requisitioned
under section 16(1)(b), (c) or (g) or 21E is made to a Magistrate’s Court under
subsection (1)(b)(ii), the Magistrate’s Court may order the document or article —
(a) to be forfeited; or
(b) to be disposed of in such manner as the Magistrate’s Court thinks fit.
[30/2007]
(3) Nothing in this section shall be taken to prejudice any right to retain or dispose
of property which may exist in law apart from this section.
[30/2007]
Offences
22. —(1) Any person who —
(a) being an employer, a foreign employee or a self-employed foreigner to whom a
work pass applies, contravenes any of the conditions of the work pass;
(b) contravenes section 13(4);
(c) wilfully obstructs an employment inspector in the exercise of his powers under
section 16, 21, 21A, 21B, 21C, 21E or 21F;
(d) makes any statement or furnishes any information to the Controller or an
employment inspector under this Act which he knows or ought reasonably to know
is false in any material particular or is misleading by reason of the omission of any
material particular;
(e) gives, sells, forges or unlawfully alters a work pass;
(f) uses or, without lawful authority, has in his possession any forged or unlawfully
altered work pass, or a work pass which is issued to another person; or
(g) contravenes section 13(1), (2) or (3), 14 or 17(1) or (3),
shall be guilty of an offence and shall be liable —
(i) in the case of an offence under paragraph (a), (b) or (c), on conviction to a fine
not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to
both;
(ii) in the case of an offence under paragraph (d), (e) or (f), on conviction to a fine
not exceeding $15,000 or to imprisonment for a term not exceeding 12 months or
to both; and
(iii) in the case of an offence under paragraph (g), on conviction to a fine not
exceeding $5,000.
[30/2007]
(2) Any employer, foreign employee or self-employed foreigner who —
(a) knows, or has reason to believe, that an offence has been committed under
subsection (1)(d); and
(b) intentionally omits to furnish any information to the Controller in respect of
that offence,
shall be guilty of an offence and shall be liable on conviction to a fine not
exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
[30/2007]
Abetment
23. —(1) Any person who abets the commission of an offence under this Act shall
be guilty of the offence and shall be liable on conviction to be punished with the
punishment provided for that offence.
[37/95]
(2) Where an occupier is charged for abetting another person who has employed a
foreign employee in contravention of section 5(1), it shall not be sufficient for the
occupier to prove in his defence that he had instructed the other person not to, or
obtained from the other person an undertaking that he would not, so employ a
foreign employee.
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Complaint by employment inspector
24.   For the purpose of section 151 of the Criminal Procedure Code 2010, on
receiving the complaint in writing and signed by any employment inspector, the
Magistrate must proceed to issue a summons or warrant in accordance with section
153 of the Criminal Procedure Code 2010.
Person primarily liable may exempt himself from liability
25. [ Repealed by Act 30 of 2007]
Jurisdiction of Courts
26. Notwithstanding the provisions of any written law to the contrary, a
Magistrate"s Court or a District Court shall have jurisdiction to try any offence
under this Act or any regulations made thereunder and shall have power to impose
the full punishment for any such offence.
Composition of offences
27. The Controller may compound any offence under this Act or any regulations
made thereunder by accepting from the person reasonably suspected of committing
the offence a sum not exceeding $2,000.
[30/2007]
Forms
28. For the purposes of this Act, the Controller may devise and use such forms as
he may consider necessary.
Regulations
29. —(1) The Minister may make regulations generally for carrying out the
provisions of this Act.
(2) Regulations made under subsection (1) may —
(a) prescribe that any act or omission in contravention of the provisions of any
regulation shall be an offence and shall be punishable with a fine not exceeding
$5,000 or with imprisonment for a term not exceeding 12 months or with both;
(b) prescribe such fees or charges as may be necessary for the purposes of this Act;
(c) prescribe the categories of work passes, the period for which any work pass
may be issued, renewed or reinstated, the criteria for the issuance, renewal or
reinstatement of any work pass and any condition subject to which a work pass
may be issued, renewed or reinstated;
(d) provide for the taking and recording of any personal identifier of any person —
(i) who applies for or has been issued with a work pass; or
(ii) who is suspected of committing an offence under this Act;
(e) provide for the use of any mechanical, electrical or other form of device or
system for the taking or recording of all or any of the personal identifiers;
(f) provide for the collation of any personal identifier taken or recorded pursuant to
regulations made under paragraph (d) and the dissemination thereof to the police
and to any other law enforcement agency authorised by the Controller to receive it;
(g) provide for any matter relating to the release of any arrested person on any bail
or bond under section 21(4);
(h) provide for any matter relating to the security to be given by or in respect of
any foreigner issued with a work pass, including any condition subject to which the
security may be forfeited.
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(3) All such regulations shall be presented to Parliament as soon as possible after
publication in the Gazette.
Transitional provisions
30. —(1) Any permit, appointment, application, appeal, decision, ruling, order,
direction or notice issued, made or given under the repealed Regulation of
Employment Act (Cap. 272, 1985 Ed.) shall be treated as a permit, appointment,
application, appeal, decision, ruling, order, direction or notice issued, made or
given under this Act and shall have the same force and effect as a permit,
appointment, application, appeal, decision, ruling, order, direction or notice issued,
made or given under this Act.
(2) Any form used for the purposes of the repealed Regulation of Employment Act
which was in force or had effect immediately before 1st January 1991 shall
continue in force and have effect as though prescribed under this Act until new
forms are prescribed.