Workforce Singapore Agency Act 2003

Workforce Singapore Agency
Act 2003

2020 REVISED EDITION

This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021

An Act to establish and incorporate the Workforce Singapore Agency, to provide for its functions and powers, and for matters connected therewith.

[20/2016]

[1 September 2003]

PART 1

PRELIMINARY

Short title

1.  This Act is the Workforce Singapore Agency Act 2003.

[20/2016]

Interpretation

2.  In this Act, unless the context otherwise requires —

“Agency” means the Workforce Singapore Agency established by section 3;

“Chairperson” means the member of the Agency who is appointed under section 7A as the Chairperson of the Agency and includes any temporary Chairperson of the Agency;

“chief executive” means the chief executive of the Agency, and includes any individual acting in that capacity;

“Deputy Chairperson” means the member of the Agency who is appointed under section 7A as the Deputy Chairperson of the Agency and includes any temporary Deputy Chairperson of the Agency;

“member” means any member of the Agency and includes any temporary member of the Agency;

“permanent resident of Singapore” has the meaning given by section 2 of the Immigration Act 1959;

[Act 31 of 2023 wef 01/12/2025]

“transferred agency” means any transferred agency specified in the second column of the Schedule;

“transferring body” means any transferring body specified in the first column of the Schedule.

[20/2016; 5/2018]

PART 2

ESTABLISHMENT, INCORPORATION AND CONSTITUTION OF AGENCY

Establishment and incorporation of Workforce Singapore Agency

3.—(1)  A body called the Workforce Singapore Agency is established, which is a body corporate with perpetual succession and is, by that name, capable of —

(a) suing and being sued;

(b) acquiring, owning, holding and developing, or disposing of property, both movable and immovable; and

(c) doing and suffering all such other acts or things as a body corporate may lawfully do and suffer.

[20/2016]

(2)  The Agency may perform any of its functions or carry out any of its duties under the business name of Workforce Singapore, or another business name that the Minister from time to time allows.

[20/2016]

(3)  The Agency must cause notice of every business name approved under subsection (2) to be published in the Gazette; but failure to do so does not invalidate the approval or use of that name.

[20/2016]

Common seal

4.—(1)  The Agency must have a common seal and that seal may be broken, changed, altered or made anew as the Agency thinks fit.

(2)  All deeds and other documents requiring the seal of the Agency must be sealed with the common seal of the Agency.

(3)  All instruments to which the common seal is affixed must be signed by any 2 members generally or specially authorised by the Agency for the purpose or by one member and the chief executive.

(4)  The Agency may, by resolution or otherwise in writing, appoint any officer of the Agency or any other agent either generally or in any particular case to execute or sign on behalf of the Agency any agreement or other instrument not under seal in relation to any matter coming within the powers of the Agency.

(5)  All courts, judges and persons acting judicially are to take judicial notice of the common seal of the Agency affixed to any document and presume that it was duly affixed.

Constitution of Agency

5.—(1)  The Agency consists of at least 9 and not more than 15 members.

[20/2016]

(2)  Each member is to be appointed by the Minister by instrument in writing.

[20/2016]

(3)  The Minister may appoint the chief executive to be a member.

Chairperson may delegate functions

6.  The Chairperson may in writing authorise any member to exercise any power or perform any function conferred on the Chairperson by or under this Act.

Term of office of members

7.—(1)  A member holds office on such conditions and for such term, not exceeding 3 years, as the Minister may specify in his or her appointment, and may be re-appointed.

(2)  Any member may at any time, by written notice to the Minister, resign from his or her office.

(3)  The Minister may at any time revoke the appointment of any member without assigning any reason.

(4)  If a member dies or resigns or has his or her appointment revoked, the Minister may appoint any person to fill the vacancy for the residue of the term for which the vacating member was appointed.

(5)  The Agency must pay to the Chairperson, the Deputy Chairperson and other members such salaries, fees and allowances as the Minister may determine.

Chairperson and Deputy Chairperson

7A.—(1)  The Minister may, by instrument in writing, appoint —

(a) a member to be the Chairperson of the Agency for the period specified in the instrument; and

(b) a member (other than the Chairperson of the Agency) to be the Deputy Chairperson of the Agency for the period specified in the instrument.

[20/2016]

(2)  The Chairperson or Deputy Chairperson holds office until whichever of the following first happens:

(a) his or her term of office as Chairperson or Deputy Chairperson (as the case may be) expires;

(b) he or she ceases to hold office as a member of the Agency;

(c) the Minister terminates the appointment as Chairperson or Deputy Chairperson, as the case may be.

[20/2016]

(3)  The Deputy Chairperson of the Agency has and may exercise all of the functions and powers of the Chairperson in relation to a matter if —

(a) the Chairperson is unavailable; or

(b) the Chairperson is interested in the matter within the meaning of section 23 of the Public Sector (Governance) Act 2018.

[20/2016; 5/2018]

Temporary Chairperson, etc.

8.  The Minister may appoint any person to be a temporary Chairperson, temporary Deputy Chairperson or temporary member during the temporary incapacity from illness or otherwise, or during the temporary absence from Singapore, of the Chairperson, the Deputy Chairperson or any member, as the case may be.

Meetings and proceedings of Agency

9.—(1)  The quorum at every meeting of the Agency is one‑third of the total number of members.

[25/2009]

(2)  The Chairperson or, in his or her absence, the Deputy Chairperson presides at all meetings of the Agency and, in the absence of the Chairperson and Deputy Chairperson, the members present must elect one of their number to preside.

(3)  Meetings of the Agency must be held at such times and places as the Chairperson may determine.

(4)  All questions arising at any meeting must be decided by a majority of votes of the members present and voting.

(5)  At any meeting of the Agency, the Chairperson or, in his or her absence, the Deputy Chairperson or member elected under subsection (2) to preside, has a deliberative vote and, in the case of an equality of votes, he or she also has a casting vote.

[20/2016]

(6)  The validity of any proceedings of the Agency is not affected by any vacancy among its members or by any defect in the appointment of any member.

(7)  Subject to the provisions of this Act and the Public Sector (Governance) Act 2018, the Agency may regulate its own proceedings.

[5/2018]

10.  [Repealed by Act 5 of 2018]

PART 3

FUNCTIONS, DUTIES AND POWERS OF AGENCY

Functions and duties of Agency

11.—(1)  Subject to the provisions of this Act, the functions and duties of the Agency are —

(a) to promote and facilitate employment and re‑employment in Singapore through services and facilities that help citizens of Singapore and permanent residents of Singapore find and keep jobs;

[Act 31 of 2023 wef 01/12/2025]

(b) to collaborate with and support employers, relevant representatives of commerce or industry and public sector agencies in Singapore —

(i) to identify and promote the enhancement of industry‑specific skills;

(ii) to enhance individuals’ employability; and

(iii) to increase workforce productivity and improve the international competitiveness of commerce and industry;

(c) to promote and facilitate productive employment and employee career development, including through review and reallocation of job duties and tasks among employees (commonly called job redesign);

(d) to promote and facilitate the adoption of best practices in the management of human capital in Singapore;

(e) to advise and make recommendations to the Government on policies, measures and laws connected with the Agency’s functions under this Act or any other written law;

(f) to cooperate and collaborate with the SkillsFuture Singapore Agency in the discharge of its functions under the SkillsFuture Singapore Agency Act 2016;

(g) to encourage, promote and facilitate the development of the human resources industry in Singapore;

(h) to promote or undertake research in Singapore into matters relating to the Singapore workforce;

(i) to provide financial support by way of grants, loans or otherwise so as to give effect to the functions and objects of the Agency;

(j) to undertake, direct and support the analysis and dissemination of labour market information and trends to the public;

(k) to represent the Government internationally in respect of matters relating to workforce development and public employment services; and

(l) to carry out such other functions as are imposed upon the Agency by or under this Act or any other written law.

[20/2016]

(2)  The Agency may undertake such other functions as the Minister may assign to the Agency and in so undertaking —

(a) the Agency is deemed to be fulfilling the purposes of this Act; and

(b) the provisions of this Act apply to the Agency in respect of those other functions.

(3)  Nothing in this section imposes on the Agency, directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which the Agency would not otherwise be subject.

Powers of Agency

12.  The Agency has power to do anything for the purpose of discharging its functions and duties under this Act or any other written law, or which is incidental or conducive to the discharge of those functions and duties and, in particular, may —

(a) provide, or secure the provision of, employment and related services for assisting job seekers —

(i) to decide what jobs, having regard to their capabilities, are or will be suitable for and available to them;

(ii) to decide what training or education is or will be required by, or available to, them in order to fit them for those jobs, and to obtain that training or education;

(iii) to enhance their employability; and

(iv) to otherwise find and keep a job with suitable employers;

(b) provide, or secure the provision of, assistance to employers to source and recruit employees who meet their business needs;

(c) develop and provide, or secure the provision of, and promote programmes for the purpose of cultivating progressive and productive workplaces, including enhancing job quality and job redesign;

(d) publish or provide any information, or publish or sponsor the publication of works;

(e) apply for, obtain and hold, whether on its own behalf or jointly with any other person, any intellectual property rights, and enter into agreements or arrangements for the commercial exploitation of those intellectual property rights, whether by assignment, licensing or otherwise;

(f) collect, compile, analyse, publish or disseminate by any convenient means information of a statistical nature or otherwise concerning matters relating to the Agency’s functions;

(g) specify, by notification in the Gazette, all the accreditation and certification marks of the Agency for use in relation to any function of the Agency, and control the use of such marks;

(h) organise courses, seminars, workshops and conferences in furtherance of its functions and award certificates of proficiency to persons who attend those courses, seminars, workshops and conferences;

(i) initiate and undertake or enter into contractual consultancy, research and development projects pursuant to its functions under this Act and conduct or commission research pursuant to its functions under this Act;

(j) promote or undertake publicity in any form;

(k) with the approval of the Minister, form or participate in the formation of any company, association or trust;

(l) become a member of a company, association, trust or partnership;

(m) provide technical, consultancy or advisory services to any Government agency or to any other person or body in Singapore or elsewhere on any matter related to or connected with the functions, objects or duties of the Agency;

(n) become a member or affiliate of any international body, the functions, objects or duties of which are similar to those of the Agency;

(o) enter into such contracts, agreements or arrangements as may be necessary or expedient for the purpose of discharging its functions or duties;

(p) receive grants, donations or contributions from any source, or raise funds by all lawful means and apply those funds for any of its functions or duties;

(q) charge fees or commissions for services rendered by the Agency including advisory, training, consultancy, certification and accreditation services or for the use of any facility of the Agency and recover any costs and expenses incurred;

(r) grant loans to any officer or employee of the Agency for any purposes specifically approved by the Agency as are likely to increase the efficiency of that officer or employee;

(s) provide recreational facilities and promote recreational activities for, and activities conducive to, the welfare of officers and employees of the Agency and members of their families;

(t) provide for gratuities, pensions, allowances or other benefits for officers or employees, or former officers or employees, of the Agency;

(u) provide financial support, grant, aid or assistance to any person or organisation for all or any of the purposes of this Act or any other written law;

(v) provide training, whether by itself or with the cooperation of other persons or bodies as the Agency thinks fit, for officers or employees of the Agency and award scholarships or otherwise pay for that training; and

(w) do anything incidental or necessary to any of its functions, duties or powers under this Act or any other written law.

[20/2016]

Directions by Minister

13.  The Minister may give to the Agency any direction under section 5 of the Public Sector (Governance) Act 2018.

[5/2018]

Committees

14.—(1)  The Agency may appoint, alter or discharge committees, consisting of one or more persons (whether members or not), and define or vary the terms of reference of those committees.

(2)  Subject to this Act and the Public Sector (Governance) Act 2018 and to the control of the Agency, each committee appointed under this section may regulate its procedure in any manner that the committee thinks fit.

[5/2018]

Delegation of powers

15.—(1)  The Agency may in respect of a specified matter or class of matters, by writing, delegate to any member, officer or committee of the Agency or any of its agents (including the Government) any of its powers under this Act or under any other written law.

[5/2018]

(2)  Every member, officer or committee purporting to act pursuant to a delegation under this section is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.

PART 4

PROVISIONS RELATING TO STAFF

Chief executive, officers and employees, etc.

16.—(1)  There must be a chief executive of the Agency, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.

[5/2018]

(2)  The Agency may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the chief executive during any period, or during all periods, when the chief executive —

(a) is absent from duty or Singapore; or

(b) is, for any reason, unable to perform the duties of the office.

[5/2018]

(3)  The Agency may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.

[5/2018]

Protection from personal liability

17.—(1)  No suit or other legal proceedings shall lie personally against any member, officer or employee of the Agency or any other person acting under the direction of the Agency for anything which is in good faith done or intended to be done in the execution or purported execution of this Act or any other written law.

(2)  Where the Agency provides a service to the public whereby information is supplied to the public, neither the Agency nor any of its members, officers or employees involved in the supply of such information shall be liable for any loss or damage suffered by any member of the public by reason of any error or omission of whatever nature appearing therein or however caused if made in good faith and in the ordinary course of the discharge of the duties of those members, officers or employees.

18.  [Repealed by Act 5 of 2018]

PART 5

FINANCIAL PROVISIONS

Financial year

19.  The financial year of the Agency begins on 1 April of each year and ends on 31 March of the succeeding year.

Annual estimates

20.—(1)  A copy of all annual estimates of revenue and expenditure and supplementary estimates must, upon their adoption by the Agency, be sent without delay to the Minister.

[5/2018]

(2)  The Minister may approve or disallow any item or portion of any item shown in the annual estimates or supplementary estimates.

[5/2018]

(3)  The Minister must return the annual estimates or supplementary estimates as amended under subsection (2) to the Agency, and the Agency is bound by the Minister’s decision.

[5/2018]

(4)  Despite any provision of this section, the Agency may transfer all or any part of moneys assigned to one item of expenditure to any item under the same head of expenditure in any estimates approved by the Minister.

All moneys recovered to be paid to Agency

21.  All moneys recovered or charges collected (except composition sums under section 48) under this Act must be paid into and form part of the moneys of the Agency.

[20/2016]

Grants

22.  For the purpose of enabling the Agency to carry out its functions under this Act, the Minister may make grants to the Agency of such sums of money as the Minister may determine, out of moneys to be provided by Parliament.

Power to borrow

23.  For the discharge of its functions or duties under this Act or any other written law, the Agency may raise loans from the Government or, with the approval of the Minister, raise loans from banks or other financial institutions (whether in Singapore or elsewhere) by —

(a) mortgage, overdraft or otherwise;

(b) charge, whether legal or equitable, on any property vested in the Agency or on any other revenue receivable by the Agency under this Act or any other written law; or

(c) the creation and issue of debentures or bonds or any other instrument as the Minister may approve.

[20/2016]

Issue of shares, etc.

24.  As a consequence of —

(a) the vesting of any property, rights or liabilities of the Government in the Agency under this Act; or

(b) any capital injection or other investment by the Government in the Agency in accordance with any written law,

the Agency must issue such shares or other securities to the Minister for Finance as that Minister may direct.

Bank accounts

25.—(1)  The Agency must open and maintain one or more accounts with such bank or banks as the Agency thinks fit.

(2)  Every such account must be operated by such person authorised to do so by the Agency.

Application of moneys

26.  The moneys of the Agency must be applied only in payment or discharge of the expenses, obligations and liabilities of the Agency and in making any payment that the Agency is authorised or required to make.

Power of investment

27.  The Agency may invest its moneys in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965.

28.  [Repealed by Act 5 of 2018]

29.  [Repealed by Act 5 of 2018]

30.  [Repealed by Act 5 of 2018]

31.  [Repealed by Act 5 of 2018]