Employment of Foreign Workers (Amendment) Bill

This Act may be cited as the Employment of Foreign Workers (Amendment) Act 2007 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

The long title to the Employment of Foreign Workers Act (referred to in this Act as the principal Act) is amended by deleting the words “foreign workers” and substituting the words “foreign manpower”.

Section 1 of the principal Act is amended by deleting the words “Foreign Workers” and substituting the words “Foreign Manpower”.

Section 2 of the principal Act is amended —(a)by deleting the words “Work Permits” in the definition of “Controller” and substituting the words “Work Passes”;(b)by deleting the definition of “employer” and substituting the following definitions:“ “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;”;(c)by inserting, immediately after the definition of “employment inspector”, the following definition:“ “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;”;(d)by deleting the definition of “foreign worker”; and(e)by deleting the definitions of “premises”, “salary” and “work permit” and substituting the following definitions:“ “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.”.

The principal Act is amended by inserting, immediately after section 2, the following section:“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).”.

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).”.

In this Act, “personal identifier” means any of the identifiers specified in the Schedule (including any in digital form).

Section 3 of the principal Act is amended by deleting the words “Work Permits” wherever they appear in subsections (1) and (1A) and in the section heading and substituting in each case the words “Work Passes”.

The principal Act is amended by inserting, immediately after section 3, the following section:“Controller and employment inspectors to be public servants3A. 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).”.

Section 5 of the principal Act is amended —(a)by deleting subsection (1) and substituting the following subsection:“(1) No person shall employ a foreign employee unless the foreign employee has a valid work pass.”;(b)by deleting the words “foreign worker” in subsections (2) and (3) and in the section heading and substituting in each case the words “foreign employee”;(c)by deleting the words “work permit” in subsection (2) and in the section heading and substituting in each case the words “work pass”;(d)by deleting the words “the work permit” in subsection (3) and substituting the words “the foreign employee’s work pass”;(e)by deleting the word “worker” wherever it appears in subsections (4) and (5) and substituting in each case the word “employee”;(f)by deleting subsection (6) and substituting the following subsections:“(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.(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.”;(g)by inserting, immediately after subsection (7), the following subsection:“(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.”; and(h)by deleting subsection (8) and substituting the following subsection:“(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 in force immediately before the date of commencement of the Employment of Foreign Workers (Amendment) Act 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.”.

“(1) No person shall employ a foreign employee unless the foreign employee has a valid work pass.”;

“(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.

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.”;

“(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.”; and

“(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 in force immediately before the date of commencement of the Employment of Foreign Workers (Amendment) Act 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.”.

Section 6A of the principal Act is amended —(a)by deleting the words “work permit” wherever they appear in subsections (1) to (4) and in the section heading and substituting in each case the words “work pass”;(b)by deleting subsection (6) and substituting the following subsection:“(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.”;(c)by deleting the definition of “levy” in subsection (7); and(d)by inserting, immediately after subsection (7), the following subsections:“(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 in force immediately before the date of commencement of the Employment of Foreign Workers (Amendment) Act 2007, the first-mentioned conviction shall be considered a second or subsequent conviction under subsection (6).(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.”.

“(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.”;

“(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 in force immediately before the date of commencement of the Employment of Foreign Workers (Amendment) Act 2007, the first-mentioned conviction shall be considered a second or subsequent conviction under subsection (6).

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.”.

Section 7 of the principal Act is repealed and the following section substituted therefor:“Application for work pass7.—(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.(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.(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.(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.(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.(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.(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.”.

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.

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.

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.

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.

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.

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.”.

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.

Section 8 of the principal Act is amended —(a)by deleting subsection (1) and substituting the following subsection:“(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.”; and(b)by deleting the words “foreign workers” in the section heading and substituting the words “foreign employees”.

“(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.”; and

Section 9 of the principal Act is amended —(a)by deleting subsections (1), (2) and (3) and substituting the following subsections:“(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.(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.(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.”;(b)by deleting the word “services” in subsection (4) and substituting the word “employment”;(c)by deleting the words “foreign worker” wherever they appear in subsection (4) and substituting in each case the words “foreign employee”; and(d)by deleting the words “foreign workers” in the section heading and substituting the words “foreign employees”.

“(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.

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.

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.”;

Section 10 of the principal Act is repealed and the following section substituted therefor:“Self-employed foreigners to apply for work passes10.—(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.(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.(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.(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 in force immediately before the date of commencement of the Employment of Foreign Workers (Amendment) Act 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.”.

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.

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.

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 in force immediately before the date of commencement of the Employment of Foreign Workers (Amendment) Act 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.”.

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.

Section 11 of the principal Act is amended —(a)by deleting the words “foreign worker or class of foreign workers or on persons who have, pursuant to section 10(1), obtained a work permit to engage in any trade, calling, occupation or other activity for the purposes of gain” in subsection (1) and substituting the words “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”;(b)by deleting subsection (2) and substituting the following subsection:“(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.”;(c)by deleting the word “person” wherever it appears in subsections (4) and (9) and substituting in each case the words “self-employed foreigner”;(d)by deleting the words “of 2% per month or the sum of $5 whichever is the greater” in subsection (5) and substituting the words “specified by the Minister, by notification published in the Gazette, or the sum of $5, whichever is the greater”;(e)by inserting, immediately after the word “fit,” in subsection (6), the word “waive,”;(f)by deleting the word “person” where it first appears in subsection (7) and substituting the words “self-employed foreigner”; and(g)by deleting the section heading and substituting the following section heading:“Levy in respect of foreign employee or self-employed foreigner”.

“(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.”;

Sections 12 and 13 of the principal Act are repealed and the following sections substituted therefor:“Extent of validity of work pass12.—(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.(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.(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.Custody of work pass, etc.13.—(1) A work pass holder shall not allow any other person to have possession of his work pass.(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.(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.(4) Upon demand by an employment inspector, a work pass holder shall produce his work pass for inspection.”.

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.

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.

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.

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.

Upon demand by an employment inspector, a work pass holder shall produce his work pass for inspection.”.

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.

A work pass holder shall not allow any other person to have possession of his work pass.

—(1) A work pass holder shall not allow any other person to have possession of his work pass.(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.(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.(4) Upon demand by an employment inspector, a work pass holder shall produce his work pass for inspection.”.

A work pass holder shall not allow any other person to have possession of his work pass.

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.

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.

Upon demand by an employment inspector, a work pass holder shall produce his work pass for inspection.”.

Section 14 of the principal Act is amended —(a)by deleting the words “work permit” wherever they appear in subsections (1), (2) and (3) and in the section heading and substituting in each case the words “work pass”;(b)by deleting the words “foreign worker” wherever they appear in subsections (1) and (2) and substituting in each case the words “foreign employee”;(c)by deleting the words “self-employed person” wherever they appear in subsections (1) and (2) and substituting in each case the words “self-employed foreigner”;(d)by deleting the words “the Controller shall” in subsection (1) and substituting the words “the Controller may”; and(e)by deleting the words “for cancellation” in subsection (2)(b) and substituting the words “to the Controller for revocation”.

Section 15 of the principal Act is repealed and the following section substituted therefor:“Burden of proof15. 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.”.

Section 16(1) of the principal Act is amended by deleting paragraph (g) and substituting the following paragraph:“(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.”.

Section 17 of the principal Act is repealed and the following section substituted therefor:“Change of address17.—(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 or section 26 of the Limited Liability Partnerships Act, as the case may be; or(c)where paragraphs (a) and (b) are not applicable, in writing.(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.(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.(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.”.

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.

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.

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.”.

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 or section 26 of the Limited Liability Partnerships Act, as the case may be; or(c)where paragraphs (a) and (b) are not applicable, in writing.

Section 18(2) of the principal Act is amended by inserting, immediately after the words “a partnership” in paragraph (c), the words “(including a limited liability partnership as defined in section 4(1) of the Limited Liability Partnerships Act (Cap. 163A))”.

Section 21 of the principal Act is repealed and the following sections substituted therefor:“Power to arrest without warrant21.—(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).(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.(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.(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.Arrest how made21A.—(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.(2) If the person forcibly resists or tries to evade arrest, the employment inspector may use all means necessary to effect the arrest.No unnecessary restraint21B.—(1) The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.(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.(3) The handcuffs or means of restraint shall not be used for the purpose of punishment.Search of persons arrested21C.—(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.(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.Employment inspector to be armed21D. Every employment inspector shall be provided with such batons and accoutrements as may be necessary for the effective discharge of his duties.Power to seize offensive weapons21E. An employment inspector making any arrest may take from the person arrested any offensive weapons which he has about his person.Power on escape to pursue and arrest21F. 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.Disposal of documents or articles21G.—(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 386(1) of the Criminal Procedure Code (Cap. 68); 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.(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.(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.”.

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.

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.

Any person who has been arrested by an employment inspector may be released on bail, or on his own bond, by an employment inspector.

If the person forcibly resists or tries to evade arrest, the employment inspector may use all means necessary to effect the arrest.

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.

The handcuffs or means of restraint shall not be used for the purpose of punishment.

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.

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.

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.”.

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).

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.

The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.

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.

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 386(1) of the Criminal Procedure Code (Cap. 68); 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.

—(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.(2) If the person forcibly resists or tries to evade arrest, the employment inspector may use all means necessary to effect the arrest.

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.

If the person forcibly resists or tries to evade arrest, the employment inspector may use all means necessary to effect the arrest.

—(1) The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.(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.(3) The handcuffs or means of restraint shall not be used for the purpose of punishment.

The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.

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.

The handcuffs or means of restraint shall not be used for the purpose of punishment.

—(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.(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.

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.

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.

Every employment inspector shall be provided with such batons and accoutrements as may be necessary for the effective discharge of his duties.

An employment inspector making any arrest may take from the person arrested any offensive weapons which he has about his person.

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.

—(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 386(1) of the Criminal Procedure Code (Cap. 68); 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.(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.(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.”.

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 386(1) of the Criminal Procedure Code (Cap. 68); 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.

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.

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.”.

Section 22 of the principal Act is repealed and the following section substituted therefor:“Offences22.—(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.(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.”.

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.”.

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.

Section 23(2) of the principal Act is amended by deleting the words “foreign worker” wherever they appear and substituting in each case the words “foreign employee”.

Section 25 of the principal Act is repealed.

Section 27 of the principal Act is amended by deleting “$1,000” and substituting “$2,000”.

Section 29(2) of the principal Act is amended by deleting paragraph (c) and substituting the following paragraphs:“(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.”.

The principal Act is amended by inserting, immediately after section 30, the following Schedule:“THE SCHEDULESection 2APersonal Identifiers1. Fingerprints or handprints of a person (including those taken using paper and ink or digital livescanning technologies).2. A photograph or other image of a person’s face and shoulders.3. A person’s signature.”.

The provisions of the Acts specified in the first column of the Schedule are amended in the manner set out in the second column thereof.

—(1) The person who, immediately before the appointed day, is appointed as the Controller of Work Permits or a Deputy Controller of Work Permits or an Assistant Controller of Work Permits under section 3 of the principal Act in force immediately before that day shall be deemed to be the Controller of Work Passes or a Deputy Controller of Work Passes or an Assistant Controller of Work Passes, respectively, appointed under that section as amended by this Act, except that such appointment shall expire on the day the appointment would have expired as if this Act had not been enacted.(2) Any work permit issued under section 7 of the principal Act in force immediately before the appointed day shall, if such work permit remains in force immediately before that day, be deemed to be a work pass issued under that section as amended by this Act and the work pass shall expire on the day the work permit would have expired as if this Act had not been enacted.(3) Where an application has been made to the Controller under section 7 of the principal Act and the application has not been dealt with immediately before the appointed day, the application may be dealt with as if it were an application for a work pass under that section as amended by this Act.(4) This Act shall not affect —(a)any decision of the Controller or the Minister made under section 7 of the principal Act in force immediately before the appointed day; and(b)any right of appeal accrued before the appointed day in respect of any such decision.(5) In any written law or document, any reference to the Employment of Foreign Workers Act shall be read as a reference to the Employment of Foreign Manpower Act.(6) In this section, “appointed day” means the date of commencement of this Act.

The person who, immediately before the appointed day, is appointed as the Controller of Work Permits or a Deputy Controller of Work Permits or an Assistant Controller of Work Permits under section 3 of the principal Act in force immediately before that day shall be deemed to be the Controller of Work Passes or a Deputy Controller of Work Passes or an Assistant Controller of Work Passes, respectively, appointed under that section as amended by this Act, except that such appointment shall expire on the day the appointment would have expired as if this Act had not been enacted.

Any work permit issued under section 7 of the principal Act in force immediately before the appointed day shall, if such work permit remains in force immediately before that day, be deemed to be a work pass issued under that section as amended by this Act and the work pass shall expire on the day the work permit would have expired as if this Act had not been enacted.

Where an application has been made to the Controller under section 7 of the principal Act and the application has not been dealt with immediately before the appointed day, the application may be dealt with as if it were an application for a work pass under that section as amended by this Act.

This Act shall not affect —(a)any decision of the Controller or the Minister made under section 7 of the principal Act in force immediately before the appointed day; and(b)any right of appeal accrued before the appointed day in respect of any such decision.

In any written law or document, any reference to the Employment of Foreign Workers Act shall be read as a reference to the Employment of Foreign Manpower Act.

In this section, “appointed day” means the date of commencement of this Act.

“THE SCHEDULESection 2APersonal Identifiers1. Fingerprints or handprints of a person (including those taken using paper and ink or digital livescanning technologies).2. A photograph or other image of a person’s face and shoulders.3. A person’s signature.”.