Singapore legislation

Section 22A

of Employment of Foreign Manpower Act 1990

Section 22A

Restrictions on receipt, etc., of moneys in connection with employment of foreign employee

Amended by24/201224/201224/2012

(1)

A person must not deduct from any salary payable to a foreign employee, or demand or receive, directly or indirectly and whether in Singapore or elsewhere, from a foreign employee any sum or other benefit —

(a)

as consideration or as a condition for the employment of the foreign employee, whether by that person or any other person;

(b)

as consideration or as a condition for the continued employment of the foreign employee, whether by that person or any other person; or

(c)

as a financial guarantee related, in any way, to the employment of the foreign employee, whether by that person or any other person.

Amended by24/2012

(2)

Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 2 years or to both.

Amended by24/2012

(3)

Any person who deducts from any salary payable to a foreign employee, or demands or receives, directly or indirectly and whether in Singapore or elsewhere, from a foreign employee any sum or other benefit, not being —

(a)

the whole or part of any fee, cost, levy, penalty, charge or amount that the employer of the foreign employee must bear and is liable to pay under section 25(6);

(b)

the whole or part of any fee or deduction prescribed as recoverable from the foreign employee under section 25(6)(a);

(c)

where sections 26 to 32 of the Employment Act 1968 apply to the foreign employee, the whole or part of any deduction from the salary of the foreign employee authorised to be made under those sections;

(d)

where sections 26 to 32 of the Employment Act 1968 do not apply to the foreign employee, the whole or part of any deduction from the salary of the foreign employee made in accordance with the terms of the employment of the foreign employee; or

(e)

the whole or part of any fee, remuneration, profit or compensation that a licensee under the Employment Agencies Act 1958 may lawfully charge the foreign employee and receive under that Act,is presumed, until the contrary is proved, to have done so as consideration for the employment of the foreign employee.

Amended by24/2012