Singapore legislation

Section 12A

of Employment Agencies Act

Section 12A

Registration of employment agency personnel

Amended by5/20115/20115/20115/20115/20115/20115/20115/20115/20115/20115/20115/2011

(1)

Any licensee shall, before permitting or authorising any employment agency personnel to perform any specified employment agency work, apply to the Commissioner for the employment agency personnel to be registered as such.

Amended by5/2011

(2)

Any application under subsection (1) shall be in such form as the Commissioner may require, and be accompanied by the prescribed registration fee.

Amended by5/2011

(3)

Upon receiving an application under subsection (1), the Commissioner shall consider the application and may grant the application or refuse to grant the application.

Amended by5/2011

(4)

The Commissioner may, before or after granting the application, require the employment agency personnel to be certified as having attended or successfully completed, to the satisfaction of the Commissioner, such courses as the Commissioner may determine.

Amended by5/2011

(5)

The Commissioner may, in any particular case if he thinks fit, grant the application notwithstanding that the employment agency personnel has not satisfied such requirements of the Commissioner under subsection (4).

Amended by5/2011

(6)

Any person who contravenes subsection (1) 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.

Amended by5/2011

(7)

Any person who performs any specified employment agency work when he knows or ought reasonably to have known that he is not registered in accordance with subsection (1) 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.

Amended by5/2011

(8)

Where any employment agency personnel of a licensee —

(a)

has ceased to be engaged by the licensee; or

(b)

has ceased to perform all specified employment agency work upon the request of the employment agency personnel or the instruction of the licensee, notwithstanding that the employment agency personnel concerned is still engaged by the licensee,the licensee concerned shall, within such time as may be prescribed, apply to the Commissioner, using such form as the Commissioner may require, to de-register the employment agency personnel.

Amended by5/2011

(9)

Upon receiving an application under subsection (8) —

(a)

in a case where the application is accompanied by the written consent of the employment agency personnel referred to in that subsection stating that he wishes to be de-registered, the Commissioner shall grant the application for de-registration; or

(b)

in any other case, the Commissioner may grant or refuse to grant the application for de-registration.

Amended by5/2011

(10)

The Commissioner may, in any particular case if he thinks fit, de-register any employment agency personnel.

Amended by5/2011

(11)

Any licensee who contravenes subsection (8) 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.

Amended by5/2011

(12)

A licensee shall remain liable for any act, omission, neglect or default of a person in relation to any specified employment agency work performed by that person who —

(a)

has ceased to be engaged by the licensee to perform such work; and

(b)

continues to be registered as an employment agency personnel of the licensee,unless the licensee has applied to de-register the person in accordance with subsection (8).

Amended by5/2011