Act of Parliament · 2020 Revised Edition
Employment Agencies Act 1958
Feedback & supportRegulation of employment agenciesOfficial textFrom Singapore Statutes Online, unchanged
s 1Short title
This Act is the Employment Agencies Act 1958.
s 2Interpretation
In this Act, unless the context otherwise requires —“Commissioner” means the Commissioner for Employment Agencies appointed under section 3(1);“employment agency” means any agency or registry carried on or represented as being or intended to be carried on (whether for the purpose of gain or reward or not) for or in connection with the employment of persons in any capacity, but does not include any registry set up by an employer for the sole purpose of recruiting persons for employment on the employer’s own behalf;“employment agency personnel” means any person who performs any work for an employment agency (including work which is not specified employment agency work) for or in connection with the employment of persons in any capacity, and includes —
any key appointment holder of the employment agency; and
any person who is engaged, whether on a permanent, temporary or contractual basis, by the employment agency to perform such work;“key appointment holder”, in relation to an employment agency, means —
any director, chief executive officer, chief financial officer, chief operating officer, partner or sole proprietor of the employment agency; or
any person, by whatever name called, who has general control and management of the administration of any specified employment agency work of the employment agency;“licence” means a licence granted under this Act;“licensee” means the person to whom a licence is granted under this Act;“partner” includes a partner of a limited liability partnership, a general partner of a limited partnership and a limited partner of a limited partnership;“premises” includes —
any building or structure, whether permanent or temporary;
any land, whether or not built on;
any place, whether or not enclosed, and whether or not situated underground or underwater;
any vessel, aircraft, train or vehicle (whether mechanically propelled or otherwise) or any other means of transport; and
any part of any premises referred to in paragraphs (a) to (d);“public officer” means a person holding a paid office in the service of the Government;“specified employment agency work” means any of the following work: (a)communication with any applicant for employment for the purpose of processing any application by the applicant for employment;
collation of the biodata or resume of any applicant for employment for the purpose of helping the applicant establish an employer‑employee relationship;
submission of any application on behalf of any employer or applicant for employment to the Controller of Work Passes appointed under section 3 of the Employment of Foreign Manpower Act 1990, which application is required under that Act;
facilitation of the placement of any applicant for employment with an employer.
“Commissioner” means the Commissioner for Employment Agencies appointed under section 3(1);
“employment agency” means any agency or registry carried on or represented as being or intended to be carried on (whether for the purpose of gain or reward or not) for or in connection with the employment of persons in any capacity, but does not include any registry set up by an employer for the sole purpose of recruiting persons for employment on the employer’s own behalf;
“employment agency personnel” means any person who performs any work for an employment agency (including work which is not specified employment agency work) for or in connection with the employment of persons in any capacity, and includes —
any key appointment holder of the employment agency; and
any person who is engaged, whether on a permanent, temporary or contractual basis, by the employment agency to perform such work;
“key appointment holder”, in relation to an employment agency, means —
any director, chief executive officer, chief financial officer, chief operating officer, partner or sole proprietor of the employment agency; or
any person, by whatever name called, who has general control and management of the administration of any specified employment agency work of the employment agency;
“licence” means a licence granted under this Act;
“licensee” means the person to whom a licence is granted under this Act;
“partner” includes a partner of a limited liability partnership, a general partner of a limited partnership and a limited partner of a limited partnership;
“premises” includes —
any building or structure, whether permanent or temporary;
any land, whether or not built on;
any place, whether or not enclosed, and whether or not situated underground or underwater;
any vessel, aircraft, train or vehicle (whether mechanically propelled or otherwise) or any other means of transport; and
any part of any premises referred to in paragraphs (a) to (d);
“public officer” means a person holding a paid office in the service of the Government;
“specified employment agency work” means any of the following work: (a)communication with any applicant for employment for the purpose of processing any application by the applicant for employment;
collation of the biodata or resume of any applicant for employment for the purpose of helping the applicant establish an employer‑employee relationship;
submission of any application on behalf of any employer or applicant for employment to the Controller of Work Passes appointed under section 3 of the Employment of Foreign Manpower Act 1990, which application is required under that Act;
facilitation of the placement of any applicant for employment with an employer.
The Minister may appoint a Commissioner for Employment Agencies who has the functions and powers conferred on the Commissioner by this Act.
The Minister may appoint such number of Deputy Commissioners for Employment Agencies and Assistant Commissioners for Employment Agencies as the Minister may think necessary to assist the Commissioner in the proper discharge of the Commissioner’s functions.
The Deputy Commissioners for Employment Agencies and Assistant Commissioners for Employment Agencies have and may exercise and perform all the powers, duties and functions of the Commissioner conferred by this Act, subject to any limitations that the Commissioner may think fit to impose.
The Minister may appoint such number of employment agency inspectors and employment agency licensing officers as the Minister may think fit for carrying out the purposes of this Act.
The Commissioner, Deputy Commissioners for Employment Agencies and Assistant Commissioners for Employment Agencies have and may exercise and perform all the powers, duties and functions of an employment agency inspector or an employment agency licensing officer conferred by this Act.
Nothing in this Act applies to any employment agency wholly maintained or wholly managed by any department of the Government.
The Minister may, by order, exempt any person or employment agency, or any class thereof, when performing any type of work or activity as may be stated in the order, from all or any of the provisions of this Act, either absolutely or subject to any conditions that the Minister may think fit to impose.
The Minister may, at any time, revoke any exemption order made under subsection (2), or cancel, alter or add to any condition in the exemption order.
Without limiting the conditions that may be imposed under subsection (2), the Minister may, when exempting any person or employment agency, or any class thereof, from the requirement for a licence, impose a condition requiring the person or employment agency, or any class thereof, to obtain the approval of the Commissioner to be registered, in such form and manner as the Commissioner may determine, as an exempt person or exempt employment agency, as the case may be.
s 5Other laws not affected
Nothing in this Act operates to relieve any employment agency of any duty or liability imposed upon it by any other written law for the time being in force or to limit any powers given to any public officer by any other written law.
A person must not carry on an employment agency unless the person is the holder of a licence from the Commissioner authorising the person to carry on an employment agency.
Subject to subsection (3), a person must not perform any work or activity in Singapore —
for or in connection with the employment of one or more persons in any capacity, whether or not those persons are to be employed within or outside Singapore; and
on the firstmentioned person’s own behalf or on behalf of an employment agency which is carried on outside Singapore,unless the firstmentioned person is the holder of a licence from the Commissioner authorising that person to perform such work or activity.
Subsection (2) does not apply in relation to —
any person who is the holder of a licence mentioned in subsection (1);
any person who performs such work or activity mentioned in subsection (2) in that person’s capacity as an employment agency personnel and who is registered under section 12; or
any person who performs such work or activity mentioned in subsection (2) for the sole purpose of recruiting persons for employment on that person’s own behalf.
Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction —
to a fine not exceeding $80,000 or to imprisonment for a term not exceeding 2 years or to both; and
in the case of a second or subsequent conviction, to a fine not exceeding $160,000 or to imprisonment for a term not exceeding 4 years or to both.
Any person who desires to obtain or to renew a licence must make an application to the Commissioner in such form as the Commissioner may require, which must be accompanied by the prescribed application fee.
Upon receiving an application under subsection (1), the Commissioner must consider the application and may grant or renew a licence with or without conditions or refuse to grant or renew a licence, as the case may be.
If the Commissioner decides to grant or renew a licence under subsection (2), he or she may do so upon the payment of the prescribed fee.
The Commissioner may at any time vary or revoke any of the existing conditions of a licence or impose new conditions.
The Commissioner may debar any person from applying for or being granted a licence for such period of time as may be determined by the Commissioner.
The Commissioner may, before granting a licence, require the applicant to give such security as may be prescribed.
Any sum deposited under this section may be forfeited in whole or in part at the discretion of the Commissioner on the revocation of the licence under section 10, or if the Commissioner is satisfied that the licensee has failed to comply with any condition as may be specified by the Commissioner in respect of any security given under subsection (1).
A licence continues to be in force for the period specified in the licence unless it is earlier suspended or revoked by the Commissioner, as the case may be.
The holder of a licence who carries on an employment agency, or performs any work or activity mentioned in section 6(2), for which the licence is granted, after the validity period specified in the licence shall be guilty of an offence and shall be liable on conviction —
to a fine not exceeding $80,000 or to imprisonment for a term not exceeding 2 years or to both; and
in the case of a second or subsequent conviction, to a fine not exceeding $160,000 or to imprisonment for a term not exceeding 4 years or to both.
Despite subsection (2), where the Commissioner has received an application for the renewal of a licence within the prescribed period after the expiry of the licence, he or she may renew the licence upon the payment of the prescribed late renewal fee.
Where the Commissioner has renewed a licence under subsection (3), the renewal takes effect from the date immediately after the date on which the licence would have expired had it not been renewed.[10
The Commissioner may suspend or revoke a licence if he or she is satisfied that the licensee —
is contravening or has contravened any of the provisions of this Act;
has failed to comply with any of the conditions of the licence;
has carried on or is carrying on an employment agency, or has performed or is performing any work or activity mentioned in section 6(2), in a manner likely to be detrimental to the interests of the clients of the licensee;
has ceased to carry on an employment agency or ceased to perform any work or activity mentioned in section 6(2) for which the licensee has been licensed or, if the licensee is a company, goes into liquidation or is wound up or otherwise dissolved; (e)has not carried on an employment agency or performed any work or activity mentioned in section 6(2), for which the licence is granted, for a continuous period of 6 months;
has acted in a manner detrimental to public interest;
has committed a criminal offence; or
is no longer a fit and proper person to continue to hold the licence.
The Commissioner may revoke a licence upon the application for revocation of the licence by the licensee.
When the Commissioner has suspended or revoked a licence under subsection (1), he or she must forthwith inform the licensee concerned by written notice of the suspension or revocation.
An order of suspension or revocation does not take effect until the expiration of 14 days after the order has been served on the licensee.
If within the period stated in subsection (4) the licensee gives due notice of appeal to the Minister, the order of suspension or revocation does not take effect unless the order is confirmed by the Minister or the appeal is withdrawn.
The Commissioner may at any time reinstate a licence which has been suspended.[11
Where an order of suspension becomes effective under section 10, the licensee concerned may continue to carry on the employment agency or perform any work or activity mentioned in section 6(2) (as the case may be), except that the licensee must not enter into new recruitment or placement agreements.
Where an order of revocation becomes effective under section 10, the licensee concerned must immediately cease to carry on the employment agency or perform all work or activity mentioned in section 6(2), as the case may be.
Subject to any directions which the Commissioner may give under subsection (4), subsections (1) and (2) do not prejudice the enforcement by any person of any right or claim against the licensee concerned or by the licensee concerned of any right or claim against any person arising out of or concerning any matter or thing done prior to the suspension or revocation of the licence.
Where an order of suspension or revocation is served on a licensee or where such order becomes effective under section 10, despite any rule of law or agreement to the contrary or any other provision in this section, the licensee concerned must comply with any directions that the Commissioner thinks fit to give which directions may include, but are not limited to, all or any of the following:
to inform, in writing, every applicant for employment and every applicant for workers who uses any service of the licensee of the fact that the licensee has been given the order;
not to collect any deposit or fee from any applicant mentioned in paragraph (a) or any class thereof;
to refund any applicant mentioned in paragraph (a) or any class thereof, within the time specified in the direction, the whole or such part of any deposit or fee received from the applicant as the Commissioner deems equitable;
to make arrangements so that any applicant mentioned in paragraph (a) or any class thereof will continue to receive the services to be provided by the licensee from another licensee and to notify the applicant or class of applicants (as the case may be) accordingly;
not to make any application to the Controller of Work Passes appointed under section 3 of the Employment of Foreign Manpower Act 1990;
to return the passports or other documents of identity in the possession of the licensee to the persons to whom they belong.
Any person who, without reasonable excuse, contravenes subsection (1) or (2), or any direction given by the Commissioner under subsection (4), shall be guilty of an offence and shall be liable on conviction —
to a fine not exceeding $80,000 or to imprisonment for a term not exceeding 2 years or to both; and
in the case of a second or subsequent conviction, to a fine not exceeding $160,000 or to imprisonment for a term not exceeding 4 years or to both.[12