Singapore legislation
Section 25
Section 25
General prescribed infringements
(1)
Where any employer —
makes, or causes to be made to the Controller, an application for a work pass on the basis of the employer’s foreign employee entitlement; and
commits, or causes or permits to be committed, any act or omission which facilitates, or which results in, the inflation of the employer’s foreign employee entitlement,the Controller may impose on the employer a financial penalty of an amount, not exceeding $20,000, as the Controller may determine.
(2)
Where any person fails to comply with —
any regulatory condition subject to which an in‑principle approval is or had been issued to the person by the Controller; or
being an employer, a foreign employee or a self‑employed foreigner to whom a work pass applies or had applied, any regulatory condition of the work pass,the Controller may impose on the person a financial penalty of an amount, not exceeding $10,000, as the Controller may determine.
(3)
Where any employer inadvertently, or without intent to mislead or defraud, makes any statement or provides any information to the Controller which is inaccurate or erroneous, the Controller may impose on the employer a financial penalty of an amount, not exceeding $20,000, as the Controller may determine.
(4)
Where any employer —
deducts from any salary payable to a foreign employee, or demands or receives, directly or indirectly and whether in Singapore or elsewhere, from the foreign employee any fee, cost, levy, penalty, charge or amount that the employer shall bear and be liable for under subsection (6), or any part thereof; or
causes any foreign employee to bear any fee, cost, levy, penalty, charge or amount that the employer shall bear and be liable for under subsection (6), or any part thereof,the Controller may impose on the employer a financial penalty of an amount, not exceeding $20,000, as the Controller may determine.
(5)
In subsection (1), unless the context otherwise requires —
Definition
“act or omission”, in relation to a person who is an employer, includes but is not limited to the employer failing to ensure that the employer’s Central Provident Fund contribution record of payments as employer required under the Central Provident Fund Act 1953 only reflects every citizen or permanent resident of Singapore who is employed by the employer and at the appropriate contribution rate prescribed by law;
Definition
“foreign employee entitlement” means the number of foreign employees which a person may employ, according to such criteria and conditions as the Minister or the Controller may determine.
(6)
For the purposes of subsection (4), the employer of a foreign employee shall, except where the Controller permits otherwise, bear and be liable to pay the following:
fees associated with the application, issuance, renewal or reinstatement of a work pass, other than the fees or deductions prescribed as recoverable from the foreign employee;
costs associated with furnishing security as required by the Controller;
costs associated with purchasing and maintaining medical insurance coverage for the foreign employee, as required by the Controller;
costs associated with medical examinations for the foreign employee, as required by the Controller;
the levy imposed under section 11(1) in respect of the foreign employee and any penalty due thereon;
costs associated with training the foreign employee, where the training is required by the employer or the Controller;
costs associated with repatriating the foreign employee at any time;
any fee, charge or amount as may be prescribed.