Regulation 1
Citation and commencement
These Regulations may be cited as the Employment of Foreign Manpower (Work Passes) Regulations 2012 and shall come into operation on 9th November 2012.
/akn/sg/act/sub_leg/1990/EFMA-S569-2012
Employment of Foreign Manpower (Work Passes) Regulations 2012
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- Type
- Subsidiary Legislation
- Status
- In force
- Enacted
- 1990
- Sections
- 25
Quick answer
About this subsidiary legislation
Employment of Foreign Manpower (Work Passes) Regulations 2012 is Singapore Subsidiary Legislation, cited as Subsidiary Legislation EFMA-S569-2012 1990, currently marked in force and first recorded in 1990.
Regulation 1A
Definitions
Amended byS 774/2022 wef 01/10/2022S 774/2022 wef 01/10/2022S 774/2022 wef 01/10/2022S 774/2022 wef 01/10/2022
In these Regulations, unless the context otherwise requires —[Deleted by S 154/2024 wef 01/03/2024]“boarding premises” has the meaning given by section 2(1) of the Foreign Employee Dormitories Act 2015;[Deleted by S 154/2024 wef 01/03/2024][Deleted by S 154/2024 wef 01/03/2024]“licensed dormitory” means any boarding premises that is the subject of a licence under the Foreign Employee Dormitories Act 2015;[Deleted by S 154/2024 wef 01/03/2024][Deleted by S 154/2024 wef 01/03/2024]“resident”, in relation to an unregulated dormitory or a licensed dormitory, means any individual, who occupies or enjoys a right to occupy one or more beds or rooms, or spaces within a room, in the dormitory as the individual’s main or only residence in Singapore;[Deleted by S 154/2024 wef 01/03/2024]“unregulated dormitory” means boarding premises providing accommodation to 7 or more foreign employees and includes any place converted (temporarily or otherwise) for use as accommodation for 7 or more foreign employees, but excludes —
(a)
any boarding premises to which the Foreign Employee Dormitories Act 2015 applies; and
(b)
an isolation area within the meaning of section 17 of the Infectious Diseases Act 1976;[Deleted by S 154/2024 wef 01/03/2024]
Definition
“boarding premises” has the meaning given by section 2(1) of the Foreign Employee Dormitories Act 2015;
Amended byS 774/2022 wef 01/10/2022
Definition
“licensed dormitory” means any boarding premises that is the subject of a licence under the Foreign Employee Dormitories Act 2015;
Amended byS 774/2022 wef 01/10/2022
Definition
“resident”, in relation to an unregulated dormitory or a licensed dormitory, means any individual, who occupies or enjoys a right to occupy one or more beds or rooms, or spaces within a room, in the dormitory as the individual’s main or only residence in Singapore;
Amended byS 774/2022 wef 01/10/2022
Definition
“unregulated dormitory” means boarding premises providing accommodation to 7 or more foreign employees and includes any place converted (temporarily or otherwise) for use as accommodation for 7 or more foreign employees, but excludes —
(a)
any boarding premises to which the Foreign Employee Dormitories Act 2015 applies; and
(b)
an isolation area within the meaning of section 17 of the Infectious Diseases Act 1976;
Amended byS 774/2022 wef 01/10/2022
Regulation 2
Work passes
Amended byS 63/2022 wef 31/12/2021
Subregulation 1
The following categories of work passes may be issued by the Controller:
(a)
work permit (including a training work permit);
(b)
S pass;
(c)
employment pass (including a training employment pass);
(d)
personalised employment pass;
(e)
EntrePass;
(f)
work holiday pass;
(g)
miscellaneous work pass; and
(h)
letter of consent.
Subregulation 2
A work pass may be —
(a)
in the form of a card;
(b)
an endorsement made in the passport or other travel document of the work pass holder; or
(c)
in such other form as the Controller may determine.
Subregulation 3
Amended byS 63/2022 wef 31/12/2021
Where any pass issued to a foreigner by the Controller of Immigration under the Immigration Act 1959 expires and is not renewed or is cancelled, and the foreigner is the holder of an in-principle approval or a work pass, the in-principle approval or work pass issued to the foreigner shall by the operation of this regulation also cease to be valid.
Regulation 3
In-principle approval
Subregulation 1
Every in-principle approval of an application for a work permit issued to a foreign employee whose occupation as stated in the application is “domestic worker” shall be subject to the conditions set out in Part I of the First Schedule and the regulatory conditions set out in Part II of the First Schedule, being conditions and regulatory conditions to be complied with by the employer of the foreign employee.
Subregulation 2
Every in-principle approval of an application for a work permit issued to a foreign employee whose occupation as stated in the application is other than “domestic worker” shall be subject to the conditions set out in Part III of the First Schedule and the regulatory conditions set out in Part IV of the First Schedule, being conditions and regulatory conditions to be complied with by the employer of the foreign employee.
Subregulation 3
Every in-principle approval of an application for an S pass issued to a foreign employee shall be subject to the conditions set out in Part I of the Second Schedule and the regulatory conditions set out in Part II of the Second Schedule, being conditions and regulatory conditions to be complied with by the employer of the foreign employee.
Subregulation 4
Every in-principle approval of an application for an employment pass issued to a foreign employee shall be subject to the conditions set out in Part I of the Third Schedule, being conditions to be complied with by the employer of the foreign employee.
Subregulation 5
An in-principle approval of an application for a work pass issued to a foreign employee shall lapse and cease to be valid immediately upon the work pass being issued to the foreign employee by the Controller.
Regulation 4
Work permit
Amended byS 333/2015 wef 01/06/2015S 563/2013 wef 03/09/2013
Subregulation 1
Every application for a work permit to be issued to a foreign employee shall —
(a)
be made —
(i)
by the foreign employee; and
(ii)
by the employer of the foreign employee, or on behalf of that employer by a person authorised by the employer;
(b)
be made in such form as the Controller may determine; and
(c)
be supported by such information, statements and documents as the Controller may require.
Subregulation 2
Every work permit issued to a foreign employee whose occupation on the work permit as stated is “domestic worker” shall be subject to the conditions set out in Part I of the Fourth Schedule and the regulatory conditions set out in Part II of the Fourth Schedule, being conditions and regulatory conditions to be complied with by the employer of the foreign employee.
Subregulation 3
Every work permit issued to a foreign employee whose occupation on the work permit as stated is other than “domestic worker” shall be subject to the conditions set out in Part III of the Fourth Schedule and the regulatory conditions set out in Part IV of the Fourth Schedule, being conditions and regulatory conditions to be complied with by the employer of the foreign employee.
Subregulation 4
Amended byS 333/2015 wef 01/06/2015
Every work permit issued to a foreign employee whose occupation on the work permit is stated as a “construction worker” or “construction worker-cum-driver” shall be subject, in addition to the conditions set out in Part III of the Fourth Schedule and the regulatory conditions set out in Part IV of the Fourth Schedule, to the regulatory conditions set out in Part V of the Fourth Schedule, being regulatory conditions to be complied with by the employer of the foreign employee.
Subregulation 5
Amended byS 563/2013 wef 03/09/2013
Every work permit issued to a foreign employee shall be subject to the conditions set out in Part VI of the Fourth Schedule and the regulatory conditions set out in Part VII of the Fourth Schedule, being conditions and regulatory conditions to be complied with by the foreign employee.
Subregulation 6
The Controller may issue a work permit, which shall be known as a training work permit, to a foreigner who is receiving or is about to receive training in connection with the occupation, trade or business of the employer of that foreigner.
Subregulation 7
A work permit issued to a foreign employee may be cancelled on an application to the Controller made —
(a)
by the employer of the foreign employee, or on behalf of that employer by a person authorised by the employer; and
(b)
in such form and manner as the Controller may determine.
Subregulation 8
[Deleted by S 154/2024 wef 01/03/2024]
Subregulation 9
[Deleted by S 154/2024 wef 01/03/2024]
Regulation 5
S pass
Amended byS 563/2013 wef 03/09/2013
Subregulation 1
Every application for an S pass to be issued to a foreign employee shall —
(a)
be made —
(i)
by the foreign employee; and
(ii)
by the employer of the foreign employee, or on behalf of the employer by a person authorised by the employer;
(b)
be made in such form as the Controller may determine;
(c)
be accompanied by an undertaking from the employer or a sponsor of the foreign employee in such terms as the Controller may determine; and
(d)
be supported by such information, statements and documents as the Controller may require.
Subregulation 2
An S pass issued to a foreign employee may be cancelled on an application to the Controller made —
(a)
by the employer of the foreign employee, or on behalf of that employer by a person authorised by the employer; and
(b)
in such form and manner as the Controller may determine.
Subregulation 3
Amended byS 563/2013 wef 03/09/2013
Every S pass issued to a foreign employee shall be subject to —
(a)
the conditions set out in Part I of the Fifth Schedule and the regulatory conditions set out in Part II of the Fifth Schedule, being conditions and regulatory conditions to be complied with by his employer; and
(b)
the conditions set out in Part III of the Fifth Schedule and the regulatory conditions set out in Part IV of the Fifth Schedule, being conditions and regulatory conditions to be complied with by the foreign employee.
Subregulation 4
[Deleted by S 154/2024 wef 01/03/2024]
Subregulation 5
[Deleted by S 154/2024 wef 01/03/2024]
Regulation 6
Employment pass
Subregulation 1
Every application for an employment pass to be issued to a foreign employee shall —
(a)
be made —
(i)
by the foreign employee; and
(ii)
by the employer of the foreign employee, or on behalf of the employer by a person authorised by the employer;
(b)
be made in such form as the Controller may determine;
(c)
be accompanied by an undertaking from the employer or a sponsor of the foreign employee in such terms as the Controller may determine; and
(d)
be supported by such information, statements and documents as the Controller may require.
Subregulation 2
The Controller may issue an employment pass, which shall be known as a training employment pass, to a foreigner who is receiving or is about to receive training in connection with the occupation, trade or business of his employer.
Subregulation 3
Every employment pass issued to a foreign employee shall be subject to —
(a)
the conditions set out in Part I of the Sixth Schedule and the regulatory conditions set out in Part II of the Sixth Schedule, being conditions and regulatory conditions to be complied with by his employer; and
(b)
the conditions set out in Part III of the Sixth Schedule, being conditions to be complied with by the foreign employee.
Subregulation 4
An employment pass issued to a foreign employee may be cancelled on an application to the Controller made —
(a)
by the employer of the foreign employee, or on behalf of that employer by a person authorised by the employer; and
(b)
in such form and manner as the Controller may determine.
Subregulation 5
[Deleted by S 154/2024 wef 01/03/2024]
Regulation 7
Personalised employment pass
Subregulation 1
Every application for a personalised employment pass shall be submitted by a foreign employee and shall —
(a)
be made in such form as the Controller may determine;
(b)
be accompanied by an undertaking from the foreign employee in such terms as the Controller may determine; and
(c)
be supported by such information, statements and documents as the Controller may require.
Subregulation 1A
[Deleted by S 154/2024 wef 01/03/2024]
Subregulation 1AA
[Deleted by S 774/2022 wef 01/10/2022]
Subregulation 1AB
[Deleted by S 154/2024 wef 01/03/2024]
Subregulation 1B
[Deleted by S 154/2024 wef 01/03/2024]
Subregulation 1C
[Deleted by S 154/2024 wef 01/03/2024]
Subregulation 1D
[Deleted by S 154/2024 wef 01/03/2024]
Subregulation 1E
[Deleted by S 154/2024 wef 01/03/2024]
Subregulation 1F
[Deleted by S 154/2024 wef 01/03/2024]
Subregulation 1G
[Deleted by S 154/2024 wef 01/03/2024]
Subregulation 2
Every personalised employment pass issued to a foreign employee shall be subject to the condition that during the validity period of the personalised employment pass, the personalised employment pass holder shall notify the Controller, in such form and manner as the Controller may determine, of —
(a)
any change of his employer, or in his employment status, in Singapore within 7 days after the change;
(b)
any change in his contact details, including his residential and work place addresses, within 14 days after the change;
(c)
any change of the person (specified by the holder) who may be contacted by the Controller for any purpose in relation to his personalised employment pass (referred to in this regulation as the contact person) within 7 days after the change;
(d)
any change in the contact details, including residential address, of the contact person within 7 days after the foreign employee becomes aware of the change; and
(e)
his annual salary at the end of each calendar year within 30 days after the end of the calendar year.
Subregulation 3
Every personalised employment pass issued to a foreign employee shall be subject to the condition that during the validity of the personalised employment pass, the foreign employee shall —
(a)
engage only in the trade, occupation or type of employment specified in the personalised employment pass; and
(b)
obtain the prior consent of the Controller at least 7 days before engaging in any trade, occupation or type of employment or a vocation, profession or any activity not specified in the personalised employment pass.
Subregulation 4
Every personalised employment pass issued to a foreign employee and which is applicable to the employer of the holder of the personalised employment pass shall be subject to the additional condition that the employer shall notify the Controller, in such form as the Controller may determine, of the commencement and cessation of the holder’s employment with that employer within 7 days after the commencement and cessation, respectively.
Subregulation 5
A personalised employment pass issued to a foreign employee may be cancelled on an application to the Controller made by the holder thereof (or the holder’s personal representative) and in such form and manner as the Controller may determine.
Subregulation 6
[Deleted by S 275/2022 wef 01/04/2022]
Regulation 8
EntrePass
Amended byS 63/2022 wef 31/12/2021S 143/2017 wef 03/01/2016S 63/2022 wef 31/12/2021S 63/2022 wef 31/12/2021S 63/2022 wef 31/12/2021
Subregulation 1
Amended byS 63/2022 wef 31/12/2021S 143/2017 wef 03/01/2016S 63/2022 wef 31/12/2021S 63/2022 wef 31/12/2021
The Controller may issue an EntrePass to a foreigner if the Controller is satisfied that the foreigner plans to set up, or operate a business in Singapore, whether in the form of —
(a)
a body corporate incorporated under the Companies Act 1967;
(b)
a sole proprietorship or a firm registered under the Business Names Registration Act 2014; or
(c)
a limited liability partnership registered under the Limited Liability Partnerships Act 2005,or otherwise.
Subregulation 2
Amended byS 63/2022 wef 31/12/2021
Every application for an EntrePass shall be submitted by the foreigner and shall —
(a)
be made in such form as the Controller may determine;
(b)
be accompanied by —
(i)
an undertaking from the foreigner on such terms as the Controller may determine; or
(ii)
an undertaking from his sponsor which must be a body corporate incorporated under the Companies Act 1967 on such terms as the Controller may determine; and
(c)
be supported by such information, statements and documents as the Controller may require.
Subregulation 2A
[Deleted by S 154/2024 wef 01/03/2024]
Subregulation 2AA
[Deleted by S 774/2022 wef 01/10/2022]
Subregulation 2AB
[Deleted by S 154/2024 wef 01/03/2024]
Subregulation 2B
[Deleted by S 154/2024 wef 01/03/2024]
Subregulation 2C
[Deleted by S 154/2024 wef 01/03/2024]
Subregulation 2D
[Deleted by S 154/2024 wef 01/03/2024]
Subregulation 3
Every EntrePass issued to a foreigner shall be subject to the condition that during the validity of the EntrePass, the foreigner shall —
(a)
engage only in the trade, vocation, profession or activity specified in the EntrePass (unless sub-paragraph (b) applies);
(b)
obtain the prior consent of the Controller at least 7 days before engaging in any trade, occupation or type of employment or a vocation, profession or any activity not specified in the foreigner’s EntrePass;
(c)
notify the Controller, in such form and manner as the Controller may determine, of any change in contact details, including the foreigner’s residential and work place addresses, within 14 days after the change; and
(d)
apply to the Controller to cancel the EntrePass within 7 days after the cessation of the business in respect of which the EntrePass was issued.
Subregulation 4
An EntrePass issued to a foreigner may be cancelled on an application to the Controller made by the holder thereof (or the holder’s personal representative) and in such form and manner as the Controller may determine.
Subregulation 5
[Deleted by S 275/2022 wef 01/04/2022]
Regulation 9
Work holiday pass
Subregulation 1
Every application for a work holiday pass shall be submitted by a foreigner and shall —
(a)
be made in such form as the Controller may determine;
(b)
be accompanied by an undertaking from the foreigner in such terms as the Controller may determine; and
(c)
be supported by such information, statements and documents as the Controller may require.
Subregulation 1A
[Deleted by S 154/2024 wef 01/03/2024]
Subregulation 1B
[Deleted by S 154/2024 wef 01/03/2024]
Subregulation 2
A work holiday pass issued to a foreigner may be cancelled on an application to the Controller made by the holder thereof (or his personal representative) and in such form and manner as the Controller may determine.
Subregulation 3
[Deleted by S 275/2022 wef 01/04/2022]
Regulation 10
Miscellaneous work pass
Amended byS 63/2022 wef 31/12/2021S 63/2022 wef 31/12/2021S 63/2022 wef 01/02/2022
Subregulation 1
Amended byS 63/2022 wef 31/12/2021S 63/2022 wef 31/12/2021
Every application for a miscellaneous work pass to be issued to a foreigner shall be —
(a)
made by his sponsor which must be —
(i)
a body corporate incorporated under the Companies Act 1967;
(ii)
a religious group in Singapore; or
(iii)
a school registered under the Education Act 1957;
(b)
made in such form as the Controller may determine;
(c)
accompanied by an undertaking from the sponsor of the foreigner in such terms as the Controller may determine; and
(d)
supported by such information, statements and documents as the Controller may require.
Subregulation 1A
[Deleted by S 154/2024 wef 01/03/2024]
Subregulation 1B
[Deleted by S 154/2024 wef 01/03/2024]
Subregulation 2
A miscellaneous work pass issued to a foreigner may be cancelled on an application to the Controller made by the sponsor of the foreigner and in such form and manner as the Controller may determine.
Subregulation 3
Amended byS 63/2022 wef 01/02/2022
In this regulation —[Deleted by S 275/2022 wef 01/04/2022]
Definition
“religious group” includes —
(a)
any company or other body corporate incorporated under the Companies Act 1967 or any other written law for the purpose of promoting any religion, religious worship or dealing with religious affairs or practising, conducting, teaching or propagating any religious belief; and
(b)
any body of persons, whether or not registered as a society under the Societies Act 1966, whose object is the promotion of any religion, religious worship or the practice, conduct, teaching or propagating of any religious belief.
Amended byS 63/2022 wef 01/02/2022
Regulation 11
Letter of consent
Amended byS 63/2022 wef 01/02/2022
Subregulation 1
Amended byS 63/2022 wef 01/02/2022
The Controller may issue a letter of consent to the holder of any pass issued by the Controller of Immigration under the Immigration Regulations (referred to in this regulation as an immigration pass) to allow him to engage in any form of paid employment, or in any business, profession or occupation in Singapore for a duration corresponding to the validity of his immigration pass.
Subregulation 1A
[Deleted by S 154/2024 wef 01/03/2024]
Subregulation 1B
[Deleted by S 774/2022 wef 01/10/2022]
Subregulation 1C
[Deleted by S 154/2024 wef 01/03/2024]
Subregulation 2
Every letter of consent issued to a foreigner shall during the validity of the letter of consent be subject to the condition that the foreigner shall —
(a)
engage only in the trade, occupation or type of employment or a vocation, profession or any activity specified in the letter of consent (unless sub-paragraph (b) applies); and
(b)
obtain the prior consent of the Controller before engaging in any trade, occupation or type of employment or a vocation, profession or any activity not specified in the letter of consent.
Subregulation 3
Every letter of consent issued to a foreigner shall be subject to the condition that the foreigner shall, within 7 days after —
(a)
the termination or completion (without renewal) of the employment which is the subject of the letter of consent; or
(b)
the cancellation or expiry without renewal of the foreigner’s immigration pass,inform the Controller of such termination or completion of employment, or such cancellation or expiry of the immigration pass, as the case may be.
Subregulation 4
[Deleted by S 275/2022 wef 01/04/2022]
Regulation 12
Furnishing of security
Amended byS 865/2019 wef 01/01/2020
Subregulation 1
Amended byS 865/2019 wef 01/01/2020
The Controller may require such security as the Controller thinks necessary to be furnished —
(a)
by or on behalf of a work pass holder, for the purpose of ensuring the work pass holder’s compliance with the Act and with any condition of his work pass or any other requirement imposed on the work pass holder under the Act; or
(b)
by or on behalf of —
(i)
an employer of the work pass holder or any group or class of work pass holders; or
(ii)
a sponsor of the work pass holder or any group or class of work pass holders,for the purpose of ensuring compliance with any undertaking given by or requirement (including any requirement that continues to apply to the employer after cancellation of the work pass) imposed upon the employer or sponsor of the work pass holder or any group or class of work pass holders, as the case may be.
Subregulation 2
A security shall be furnished in such form and manner as the Controller may determine and may be by bond, guarantee, cash deposit or any other method, or by any 2 or more different methods.
Subregulation 3
Where a security is furnished under this regulation, the work pass holder, the employer or sponsor of the work pass holder or any group or class of work pass holders, as the case may be, shall comply with the conditions specified in the security.
Regulation 13
Forfeiture of security
Subregulation 1
If the Controller is satisfied that a work pass holder, an employer or sponsor of a work pass holder or any group or class of work pass holders, as the case may be, has failed to comply with any condition specified in respect of any security furnished under regulation 12, the Controller may direct the forfeiture of the security or any part thereof.
Subregulation 2
The forfeiture of any security under this regulation shall be without prejudice to the taking of proceedings against any person for any offence or prescribed infringement under the Act or these Regulations.
Subregulation 3
Notice of the forfeiture of any security or any part thereof shall be given to the work pass holder, the employer or sponsor of the work pass holder or any group or class of work pass holders, as the case may be.
Regulation 14
Fees
Subregulation 1
There shall be payable to the Controller in respect of any matter set out in the first column of the Seventh Schedule the respective fee specified in the second column thereof.
Subregulation 2
The fees shall be payable in such manner as the Controller may specify or require.
Regulation 15
Refund
Subregulation 1
Subject to paragraph (2), it shall be lawful for the Controller, if it is proved to his satisfaction that any money has been overpaid or erroneously paid as a fee, to order the refund of the money so overpaid or erroneously paid.
Subregulation 2
No such refund shall be allowed unless a claim in respect thereof is made by or on behalf of the payer concerned in writing within 3 months after the overpayment or erroneous payment was made.
Regulation 16
Waiver of fees
The Controller may, in his discretion, waive wholly or in part the payment of any of the fees specified in the Seventh Schedule.
Regulation 17
Recovery of certain fees for damaged or lost work pass
For the purposes of section 25(6)(a) of the Act, the Controller permits an employer to recover —
(a)
fees specified in item 1(e) and (f) of the Seventh Schedule from a foreign employee whose occupation as stated in the work permit is “domestic worker” if the damage to or loss of the foreign employee’s work permit was caused by the negligence of the foreign employee;
(b)
fees specified in items 1(e) and (f), 6(c) and (d) and 10(e) and (f) of the Seventh Schedule from a foreign employee whose occupation as stated in the work permit is other than “domestic worker” if the damage to or loss of the foreign employee’s work permit was caused by the negligence of the foreign employee;
(c)
fees specified in item 2(d) and (e) of the Seventh Schedule from a foreign employee issued with an S pass if the damage to or loss of the foreign employee’s S pass was caused by the negligence of the foreign employee;
(d)
fees specified in items 3(d) and (e), and 7(c) and (d) of the Seventh Schedule from a foreign employee issued with an employment pass if the damage to or loss of the foreign employee’s employment pass was caused by the negligence of the foreign employee;
(e)
fees specified in item 4(c) and (d) of the Seventh Schedule from a foreign employee issued with a personalised employment pass if the damage to or loss of the foreign employee’s personalised employment pass was caused by the negligence of the foreign employee; and
(f)
fees specified in item 8(b) and (c) of the Seventh Schedule from a foreign employee issued with a work holiday pass if the damage to or loss of the foreign employee’s work holiday pass was caused by the negligence of the foreign employee.
Regulation 18
Liability for certain costs
Subregulation 1
Without prejudice to any written law, for the purposes of section 25(6)(f) of the Act, an employer of a foreign employee issued with an S pass, employment pass, personalised employment pass, work holiday pass or miscellaneous work pass shall bear and be liable for costs associated with training the foreign employee where the training is required by the employer except the Controller permits the foreign employee bearing such costs if the foreign employee consents in writing to bear such costs.
Subregulation 2
For the purposes of section 25(6)(g) of the Act, an employer of a foreign employee issued with an S pass, employment pass, personalised employment pass, work holiday pass or miscellaneous work pass shall bear and be liable for any costs associated with repatriating the foreign employee except the Controller permits the foreign employee bearing such costs if the foreign employee consents in writing to bear such costs.
Regulation 19
Personal identifier may be taken
Subregulation 1
The Controller, an employment inspector or any person duly authorised by the Controller may take the personal identifier of —
(a)
any person who applies for or has been issued with a work pass; or
(b)
any person suspected or has been convicted of an offence under the Act.
Subregulation 2
The Controller may —
(a)
upon the request in writing of —
(i)
the Commissioner of Police or a police officer authorised in writing by the Commissioner; or
(ii)
a head of department of any law enforcement agency or an officer of such agency authorised in writing by the head of department; and
(b)
for such purpose, as stated in the request, which the Controller thinks appropriate,authorise the dissemination of any record of the personal identifiers obtained under paragraph (1) to the person making the request.
Regulation 20
Application of work pass conditions to sole proprietorships
Subregulation 1
Where —
(a)
a registered business which is a sole proprietorship is to be transferred on or after 1st February 2011 from one person (referred to as transferor) to another person (referred to as transferee); and
(b)
the contract of employment between a foreign employee and the transferor does not terminate because of the transfer but has effect as if originally made between the foreign employee and the transferee,that transferee shall, not less than 30 days before the transfer of the registered business to him, apply to the Controller to vary the work permit issued to the foreign employee so that the transferee is registered as the employer of the foreign employee.
Subregulation 2
Where any transferee fails to comply with any requirement of paragraph (1), the Controller may impose on the transferee a financial penalty of such amount, not exceeding $10,000, as the Controller may determine.
Subregulation 3
The transferee shall be deemed to be the employer of the foreign employee from the date the Controller approves an application made to the Controller under paragraph (1).
Subregulation 4
Unless the Controller otherwise approves in writing, an employer who is a sole proprietor shall employ a foreign employee to perform work only for the business of the sole proprietor for which the work pass application was made and approved, and no other.
Regulation 20A
Matters that can be considered by Controller in determining debarment
Amended byS 63/2022 wef 31/12/2021S 154/2024 wef 01/03/2024S 63/2022 wef 01/02/2022S 275/2022 wef 01/04/2022S 154/2024 wef 01/03/2024
Subregulation 1
Amended byS 63/2022 wef 31/12/2021S 154/2024 wef 01/03/2024S 63/2022 wef 01/02/2022S 275/2022 wef 01/04/2022S 154/2024 wef 01/03/2024
In determining whether a person should be debarred under section 7(5)(d) of the Act from applying for or being issued with a work pass, the Controller may have regard (but is not limited) to —
(a)
whether the person has contravened any provision in the Act, the Employment Act 1968, the Work Injury Compensation Act (Cap. 354) in force before 1 September 2020, the Work Injury Compensation Act 2019 or the Workplace Safety and Health Act 2006 which in the opinion of the Controller affects the suitability of the person as an employer; and (b)whether the person has made reasonable efforts to provide fair employment opportunities to citizens of Singapore, including efforts to attract and consider such citizens for employment or to train them and develop their careers and potential in the workforce. (c)[Deleted by S 154/2024 wef 01/03/2024](d)[Deleted by S 154/2024 wef 01/03/2024]
Subregulation 2
[Deleted by S 275/2022 wef 01/04/2022]
Regulation 20B
Repealed / deleted
[Deleted by S 154/2024 wef 01/03/2024]
Regulation 21
Revocation
The Employment of Foreign Manpower (Work Passes) Regulations (Rg 2) are revoked.
Regulation 22
Transitional provisions
Amended byS 63/2022 wef 31/12/2021
Subregulation 1
Any work pass which is in force immediately before 9th November 2012 shall be deemed to be a work pass issued under these Regulations.
Subregulation 2
Where an application for a work pass has been made to the Controller before 9th November 2012, no work pass has been issued in respect of such application by that date and the application is not withdrawn, the application shall be dealt with by the Controller of Work Passes as if it were an application for a work pass made under these Regulations.
Subregulation 3
Where an appeal has been made to the Minister in connection with any work pass issued under the revoked Employment of Foreign Manpower (Work Passes) Regulations before 9th November 2012, the appeal has not been dealt with or disposed of by that date and the appeal is not withdrawn, the appeal shall continue to be dealt with in accordance with the revoked Regulations as if these Regulations had not been enacted.
Subregulation 4
These Regulations shall not apply to any inquiry, investigation or other proceeding commenced before 9th November 2012 and the revoked Employment of Foreign Manpower (Work Passes) Regulations shall continue to apply to that inquiry, investigation or proceeding as if these Regulations had not been enacted.
Subregulation 5
Amended byS 63/2022 wef 31/12/2021
Nothing in this regulation shall be taken as prejudicing section 16 of the Interpretation Act 1965.
Common questions
- What is Employment of Foreign Manpower (Work Passes) Regulations 2012?
- Employment of Foreign Manpower (Work Passes) Regulations 2012 is Singapore Subsidiary Legislation, cited as Subsidiary Legislation EFMA-S569-2012 1990, currently marked in force and first recorded in 1990.
- Is Employment of Foreign Manpower (Work Passes) Regulations 2012 still in force?
- Yes — Employment of Foreign Manpower (Work Passes) Regulations 2012 is currently in force.
- When did Employment of Foreign Manpower (Work Passes) Regulations 2012 take effect?
- Employment of Foreign Manpower (Work Passes) Regulations 2012 was first recorded in 1990.
- How many regulations does Employment of Foreign Manpower (Work Passes) Regulations 2012 have?
- Employment of Foreign Manpower (Work Passes) Regulations 2012 contains 25 regulations.
- Where can I read the official version of Employment of Foreign Manpower (Work Passes) Regulations 2012?
- The official text of Employment of Foreign Manpower (Work Passes) Regulations 2012 is published at sso.agc.gov.sg.