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Application of work pass conditions to sole proprietorships

Employment of Foreign Manpower (Work Passes) Regulations 2012

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—(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between a foreign employee and the transferor does not terminate because of the transfer but has effect as if originally made between the foreign employee and the transferee,that transferee shall, not less than 30 days before the transfer of the registered business to him, apply to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.(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.(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).(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.

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