12. Registration of employment agency personnel
Feedback & supportAny licensee must, 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.
licensee
“licensee” means the person to whom a licence is granted under this Act;
Any application under subsection (1) must be in such form as the Commissioner may require, and be accompanied by the prescribed registration fee.
Commissioner
“Commissioner” means the Commissioner for Employment Agencies appointed under section 3(1);
Upon receiving an application under subsection (1), the Commissioner must consider the application and may grant the application or refuse to grant the application.
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.
employment agency personnel
“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 —(a)any key appointment holder of the employment agency; and(b)any person who is engaged, whether on a permanent, temporary or contractual basis, by the employment agency to perform such work;
The Commissioner may, in any particular case if he or she thinks fit, grant the application even though the employment agency personnel has not satisfied the requirements of the Commissioner under subsection (4).
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.
Any person who performs any specified employment agency work when that person knows or ought reasonably to have known that he or she 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.
specified employment agency work
“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;(b)collation of the biodata or resume of any applicant for employment for the purpose of helping the applicant establish an employer‑employee relationship;(c)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;(d)facilitation of the placement of any applicant for employment with an employer.
Where any employment agency personnel of a licensee —
has ceased to be engaged by the licensee; or
has ceased to perform all specified employment agency work upon the request of the employment agency personnel or the instruction of the licensee, even though the employment agency personnel concerned is still engaged by the licensee,the licensee concerned must, within such time as may be prescribed, apply to the Commissioner, using such form as the Commissioner may require, to deregister the employment agency personnel.
Upon receiving an application under subsection (8) —
in a case where the application is accompanied by the written consent of the employment agency personnel referred to in that subsection stating that the employment agency personnel wishes to be deregistered, the Commissioner must grant the application for deregistration; or
in any other case, the Commissioner may grant or refuse to grant the application for deregistration.
The Commissioner may, in any particular case if he or she thinks fit, deregister any employment agency personnel.
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.
A licensee remains liable for any act, omission, neglect or default of a person in relation to any specified employment agency work performed by that person who —
has ceased to be engaged by the licensee to perform such work; and
continues to be registered as an employment agency personnel of the licensee,unless the licensee has applied to deregister the person in accordance with subsection (8).[12A