Singapore legislation

Section 22

of Employment of Foreign Manpower Act 1990

Section 22

General offences

Amended by24/201224/201224/201224/2012

(1)

Any person who —

(a)

being an employer, a foreign employee or a self-employed foreigner to whom a work pass applies or had applied, contravenes any condition (other than a regulatory condition) of the work pass or in-principle approval of the application for the work pass;

(b)

contravenes section 13(4);

(c)

wilfully obstructs an authorised officer or employment inspector in the exercise of his or her powers under section 16, 21, 21A, 21B, 21C, 21E or 21F (as applicable);

(d)

in connection with any application for or to renew a work pass or for any other purpose under this Act, makes any statement or provides any information to the Controller or an authorised officer or employment inspector which the person 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)

sells, forges, unlawfully alters or, without lawful authority, transfers or allows another person to use any in-principle approval or work pass;

(f)

uses or, without lawful authority, has in the person’s possession any in-principle approval or work pass that is forged or unlawfully altered, or 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 on conviction —

(h)

in the case of an offence under paragraph (a), (b) or (c) — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both;

(i)

in the case of an offence under paragraph (d), (e) or (f) — to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both; and

(j)

in the case of an offence under paragraph (g) — to a fine not exceeding $10,000.

Amended by24/2012

(2)

Any employer, foreign employee, self‑employed foreigner, or any agent involved in the employment of the foreign employee or the engagement of the 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 provide 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 $10,000 or to imprisonment for a term not exceeding 12 months or to both.

Amended by24/2012

(3)

Any foreign employee or self-employed foreigner who makes any statement or submits any document to the Controller under this Act relating to his or her qualifications which he or she knows or ought reasonably to know is false in any material particular, or is misleading by reason of the omission of any material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.

Amended by24/2012

(4)

Any employer of a foreign employee or any agent involved in the employment of the foreign employee, or any agent involved in the engagement of a self-employed foreigner, who —

(a)

knows, or has reason to believe, that an offence has been committed by the foreign employee or self‑employed foreigner (as the case may be) under subsection (3); and

(b)

intentionally omits to provide 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 $10,000 or to imprisonment for a term not exceeding 12 months or to both.

Amended by24/2012