Singapore legislation

Clause 2

of Employment of Foreign Manpower (Amendment) Bill

Clause 2

Amendment of section 2

Section 2 of the Employment of Foreign Manpower Act (referred to in this Act as the principal Act) is amended —

(a)

by inserting, immediately before the definition of “construction works”, the following definitions:“ “Appeal Board” means the Appeal Board established by the Minister under section 25H;“authorised officer”, in relation to any provision in this Act, means any public officer authorised in that behalf by the Minister for the purposes of that provision;“body corporate” includes a limited liability partnership registered under the Limited Liability Partnerships Act (Cap. 163A);”;

(b)

by inserting, immediately after the definition of “Controller”, the following definition:“ “debarred”, in relation to a person, means a person who is debarred under section 7(4)(d) from applying for, or being issued with, a work pass;”;

(c)

by deleting the definition of “employer” and substituting the following definition:“ “employer” means any person employing a foreign employee, and includes —

(a)

for the purposes of an application for a work pass, any person who has the intention or purports to have the intention to employ a foreign employee; or

(b)

in a case where a foreign employee has or had a valid work pass, any person specified in the work pass as the employer of the foreign employee;”;

(d)

by inserting, immediately after the definition of “foreigner”, the following definition:“ “in-principle approval” means the in-principle approval of an application for a work pass issued by the Controller under section 7(2A);”;

(e)

by deleting the definition of “self-employed foreigner” and substituting the following definitions:“ “prescribed infringement” means —

(a)

any contravention of section 9(1), 25(1), (2), (3) or (4) or 25A(2);

(b)

any contravention of any provision in the regulations made under this Act that is prescribed as a prescribed infringement; or

(c)

the abetment, within the meaning of section 25F, of any contravention referred to in paragraph (a) or (b);“regulatory condition” means a condition of an in‑principle approval or a work pass that —

(a)

is prescribed by the Minister as a regulatory condition; or

(b)

is imposed by the Controller under section 7 as a regulatory condition;“self-employed foreigner” means any foreigner who, not being employed under a contract of service, seeks to engage in or engages in —

(a)

any trade, vocation or profession, whether for the purpose of gain or otherwise; or

(b)

any other activity in Singapore for the purpose of gain;”; and

(f)

by inserting, immediately after the definition of “train”, the following definition:“ “valid work pass” means a work pass that is valid in accordance with section 12;”.