In forceAmended2020 Revised Edition

Contents

Employment of Foreign Manpower Act 1990 · 2020 Revised Edition · Part 4 · Offences

22. General offences

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Amended

Last amended by an amending law of 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.

(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.

(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.

(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)

Terms defined in s 2

authorised officer
Defined · s 2
“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;
Open s 2
Controller
Defined · s 2
“Controller” means the Controller of Work Passes appointed under section 3;
Open s 2
employer
Defined · s 2
“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;
Open s 2
employment inspector
Defined · s 2
“employment inspector” means the Controller and any person appointed as an employment inspector under section 3;
Open s 2
foreign employee
Defined · s 2
“foreign employee” means —(a)any foreigner, other than a self-employed foreigner, who seeks or is offered employment in Singapore; or(b)any other person or class of persons as the Minister may, by notification in the Gazette, specify;
Open s 2
in-principle approval
Defined · s 2
“in-principle approval” means the in-principle approval of an application for a work pass issued by the Controller under section 7(3);
Open s 2
regulatory condition
Defined · s 2
“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;
Open s 2
self-employed foreigner
Defined · s 2
“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;
Open s 2
work pass
Defined · s 2
“work pass” means a work pass belonging to any prescribed category of work passes which is issued by the Controller under section 7.
Open s 2

Report

Read on from s 22A

Part 5

Prescribed Infringements

Read on from Part 5

Part 6

Miscellaneous

Read on from Part 6

22. General offences

Terms defined in s 2

Prescribed Infringements

Miscellaneous

Schedules