Employment of Foreign Manpower Act 1990 · 2020 Revised Edition · Part 2 · Work Passes
6A. Prohibition of foreigner without work pass entering or remaining at work place
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An occupier of a work place who has control of access to the work place must not permit any foreigner without a valid work pass to enter or remain at the work place.
occupier
“occupier”, in relation to any premises, includes —(a)the person having the charge, management or control of either the whole or part of the premises either on the person’s own account or as an agent; and(b)any person who is carrying out construction or other works at the premises on behalf of some other person;
Where a foreigner without a valid work pass is found at any work place, it is presumed, until the contrary is proved, that the occupier of the work place —
foreigner
“foreigner” means any person who is not a citizen or permanent resident of Singapore;
had control of access to the work place;
had permitted the foreigner to enter or remain at the work place; and
had knowledge that the foreigner did not possess a valid work pass.
The presumptions provided for in subsection (2) are not to be rebutted by proof that a defendant did not know that the person was a foreigner unless the defendant further proves that the defendant had exercised due diligence —
to prevent the foreigner from entering or remaining at the work place;
to ascertain that the person was a citizen of Singapore or permanent resident of Singapore by checking the person’s passport, document of identity or other travel documents; or
to ascertain that the foreigner had at the material time in his or her possession a valid work pass by checking his or her original work pass.
For the purposes of subsection (3)(a), a defendant is not to be deemed to have exercised due diligence unless the defendant had taken all reasonable measures to prevent any foreigner without a valid work pass from entering or remaining at the work place, including all the measures prescribed under subsection (5) in respect of the work place.
valid work pass
“valid work pass” means a work pass that is valid in accordance with section 12;
For the purposes of subsection (4), the Minister may, by notification in the Gazette, prescribe the measures that are required to be taken by the occupier of the work place.
Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable —
on conviction to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 12 months or to both; and
on a second or subsequent conviction, to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 2 years or to both.
In this section —
“occupier”, in relation to a work place, means the principal contractor who undertakes any construction works at the work place and includes any other person as the Minister may, by notification in the Gazette, specify to be the occupier of the work place;
construction works
“construction works” means the construction, extension, installation, carrying out, repair, maintenance, renewal, removal, alteration, dismantling or demolition of —(a)any building, erection, edifice, structure, wall, fence or chimney, whether constructed wholly or partly above or below ground level;(b)any road, motorway, harbour works, railway, cableway, canal or aerodrome;(c)any drainage, irrigation or river control work;(d)any electrical, water, gas or telecommunication works; or(e)any bridge, viaduct, dam, reservoir, earthworks, pipeline, sewer, aqueduct, culvert, drive, shaft, tunnel or reclamation,and includes any works which form an integral part of, or are preparatory to the works described in paragraphs (a) to (e), including site clearance, earth-moving, excavation, laying of foundation, site restoration and landscaping, and such other works or activities as the Minister may, by notification in the Gazette, specify to be construction works;
“principal contractor” means a person who has entered into a contract with an owner, a developer or a lessee of a property, or an agent of the owner, developer or lessee, for the purpose of carrying out any construction works, or such other works or activities as the Minister may, by notification in the Gazette, specify;
“work place” means any place or premises where works are being carried out and includes any premises within the vicinity of the work place to which the occupier has control of access.
premises
“premises” includes —(a)any building or structure, whether permanent or temporary;(b)any land, whether or not built on;(c)any place, whether or not enclosed, including any place situated underground or underwater;(d)any vehicle, vessel or aircraft; and(e)any part of any premises;
To avoid doubt, where a person has been convicted of an offence under subsection (6), and the person has on a previous occasion been convicted for contravening section 6A(1) of the Employment of Foreign Workers Act (Cap. 91A, 1997 Revised Edition) in force immediately before 1 July 2007, the firstmentioned conviction shall be considered a second or subsequent conviction under subsection (6).
All convictions against the same person for the contravention of subsection (1) at one and the same trial shall be deemed to be one conviction.
Nothing in this section prevents any person from being prosecuted under any other provision of this Act for any act or omission which constitutes an offence under that other provision, but no person shall be punished twice for the same offence.