Conditions to be Complied With by Employer of Foreign
Employee Who Is Not Domestic Worker, WHO IS ISSUED WITH
WORK PERMIT |
| Upkeep, maintenance and well-being |
1. Except as the Controller specifies otherwise in writing, the employer is responsible for and must bear the costs of the foreign employee’s upkeep (excluding the provision of food) and maintenance in Singapore. This includes the provision of medical treatment, except that and subject to paragraph 1B, the foreign employee may be made to bear part of any medical costs in excess of the amounts payable by an insurer under any medical insurance required to be purchased and maintained by the employer under paragraph 4 of Part IV for the foreign employee if —| (a) | the part of the medical costs to be paid by the foreign employee forms not more than 10% of the employee’s fixed monthly salary per month; | | (b) | the period for which the foreign employee has to pay part of any medical costs must not exceed an aggregate of 6 months for every 2 years of his employment with the same employer; and [S 275/2022 wef 01/04/2022] | | (c) | the foreign employee’s agreement to pay part of any medical costs is stated explicitly in the foreign employee’s employment contract or collective agreement. [S 563/2013 wef 03/09/2013] [S 143/2017 wef 01/04/2017] [S 275/2022 wef 01/04/2022] [S 428/2023 wef 01/07/2023] |
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| 1A. In paragraphs 1, 1B, 11A and 16, “medical treatment”, in relation to a foreign employee, includes any service, investigation, medicine, curative material, medical consumable, surgical implant or other item necessary for the medical treatment. [S 275/2022 wef 01/04/2022] [S 129/2023 wef 01/04/2023] [S 428/2023 wef 01/07/2023] [S 436/2025 wef 01/07/2025] |
1B. The employer may require the foreign employee to pay the following medical costs in respect of any medical treatment received by the foreign employee as an out-patient (excluding any medical examinations required by the Controller): | (a) | in a case where the foreign employee is enrolled as a member of a Primary Care Plan mentioned in paragraph 4A of Part IV, an amount for each occasion of such medical treatment provided under the Primary Care Plan not exceeding —| (i) | $5 in relation to medical treatment provided at any medical clinic or centre; or | | (ii) | $2 in relation to medical treatment provided by means of telemedicine; |
| | (b) | in any other case where the foreign employee’s agreement to pay those medical costs is stated explicitly in the employment contract or collective agreement, an amount for each occasion of such medical treatment not exceeding —| (i) | 1% of the foreign employee’s fixed monthly salary for the month during which medical costs for such medical treatment are incurred; or | | (ii) | the applicable amount under sub-paragraph (a)(i) or (ii), if the applicable amount concerned is higher than the amount in sub-paragraph (i). [S 275/2022 wef 01/04/2022] [S 428/2023 wef 01/07/2023] [S 436/2025 wef 01/07/2025] |
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| 2. The employer shall provide safe working conditions and take such measures as are necessary to ensure the safety and health of the foreign employee at work. The employer shall also ensure the foreign employee has acceptable accommodation. Such accommodation must be consistent with any written law, directive, guideline, circular or other similar instrument issued by any competent authority. [S 563/2013 wef 03/09/2013] |
| Accommodation in unregulated dormitories |
| 2A.—(1) Without limiting paragraph 2, where the employer provides accommodation to the foreign employee in an unregulated dormitory that the employer operates or rents from another, the employer must have, or rent an unregulated dormitory the operation of which involves, appropriate policies, procedures and controls that conform to requirements by or under the Foreign Employee Dormitories Act 2015 on the operation of dormitories. [S 63/2022 wef 31/12/2021] [S 275/2022 wef 01/04/2022] [S 60/2023 wef 13/02/2023] | (2) [Deleted by S 774/2022 wef 01/10/2022] |
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| Provision of food and daily supplies |
| 2B. The employer must ensure that a foreign employee has access to food and daily supplies when the foreign employee is a resident of an unregulated dormitory or a licensed dormitory. [S 427/2020 wef 02/06/2020] |
| 2C. [Deleted by S 129/2023 wef 01/04/2023] |
| Cooperating with dormitory operator |
| 2D. If the foreign employee is a resident of an unregulated dormitory or a licensed dormitory, and the employer is not the operator of that dormitory, the employer must cooperate with the operator of that dormitory to enable the operator and the foreign employee to carry out their respective obligations under the Foreign Employee Dormitories Act 2015 and any other relevant written law, in relation to the foreign employee, which may include giving suitable directions to the foreign employee on minimising physical contact with others and social interactions. [S 427/2020 wef 02/06/2020] [S 275/2022 wef 01/04/2022] [S 60/2023 wef 13/02/2023] |
| 3. The employer shall pay not less than the fixed monthly salary due to the foreign employee not later than 7 days after the last day of the salary period. Any salary period agreed between the employer and the foreign employee shall not exceed one month. [S 563/2013 wef 03/09/2013] |
4. Except where the foreign employee is on no-pay leave outside Singapore, the employer shall, regardless of whether there is actual work for the foreign employee but subject to any other written law, pay the foreign employee not less than —| (a) | the amount declared as the fixed monthly salary in the work pass application submitted to the Controller in relation to the foreign employee; or | | (b) | if the amount of fixed monthly salary is at any time subsequently revised in accordance with paragraph 6A of Part IV, the last revised amount. |
| Such payment must be made not later than 7 days after the end of each salary period, which shall be agreed between the employer and the employee and which in no case shall exceed one month. |
[S 563/2013 wef 03/09/2013] |
| 4A. In paragraphs 1, 1B, 3, 4 and 4B, “fixed monthly salary” means the sum of basic monthly salary and fixed monthly allowances. [S 563/2013 wef 03/09/2013] [S 275/2022 wef 01/04/2022] [S 428/2023 wef 01/07/2023] |
| 4B. In paragraph 4, “revised amount” means the fixed monthly salary that is revised in accordance with paragraph 6A of Part IV. [S 563/2013 wef 03/09/2013] |
4C. “Basic monthly salary” means all remuneration payable monthly to a foreign employee that does not vary from month to month on any basis in respect of work done under his contract of service. However, basic monthly salary does not include —| (a) | any allowances however described; | | (b) | any form of overtime payment, bonus, commission or annual wage supplements; | | (c) | any in-kind payments; | | (d) | any form of reimbursements, including for expenses incurred by the foreign employee in the course of his employment; | | (e) | any productivity incentive payments; | | (f) | any contributions payable by the employer to any pension or provident fund, including any contributions made on the foreign employee’s behalf; or | | (g) | any gratuity payable on the discharge, retrenchment or retirement of the foreign employee. [S 563/2013 wef 03/09/2013] |
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| 4D. “Fixed monthly allowances” means all allowances payable monthly to a foreign employee that do not vary from month to month on any basis. However, fixed monthly allowances shall not include any payments listed in paragraph 4C(b) to (g). [S 563/2013 wef 03/09/2013] |
| 4E. [Deleted by S 774/2022 wef 01/10/2022] |
| 4F. [Deleted by S 774/2022 wef 01/10/2022] |
| 4G. [Deleted by S 154/2024 wef 01/03/2024] |
| 4H. [Deleted by S 154/2024 wef 01/03/2024] |
| 5. The employer shall bear any medical expense incurred by the foreign employee for any medical examination required by the Controller. |
6. The employer of a foreign employee must register or update the address of the foreign employee’s accommodation in Singapore and the foreign employee’s mobile telephone number in the form and manner determined by the Controller —| (a) | where the foreign employee does not ordinarily commute daily between Singapore and another country or territory — within 5 days after the foreign employee has moved to a new address in Singapore, for so long as the foreign employee is not repatriated; [S 427/2020 wef 02/06/2020] | | (b) | where the foreign employee ordinarily commutes daily between Singapore and another country or territory, and has stayed in Singapore at least 5 days in any month — within 5 days after the 5th day of the foreign employee’s stay in Singapore in that month; and [S 427/2020 wef 02/06/2020] | | (c) | within 5 days after the foreign employee informs the employer of the change in his mobile telephone number, for so long as the foreign employee is not repatriated. [S 427/2020 wef 02/06/2020] [S 865/2019 wef 01/01/2020] |
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6A. For the purposes of paragraph 6 —| (a) | a reference to the accommodation in Singapore of a foreign employee mentioned in paragraph 6(b) is a reference to the accommodation in Singapore of the foreign employee on the 5th day of the foreign employee’s stay in Singapore in the month in question; and | | (b) | a foreign employee stays in Singapore for a day if the foreign employee is in Singapore for 24 consecutive hours. [S 865/2019 wef 01/01/2020] |
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| 7. The employer shall not retain possession of the foreign employee’s original work permit and visit pass and shall allow the foreign employee to retain possession of the foreign employee’s work permit and visit pass. |
| 8. The employer shall inform the Controller of any change to the business address stated in the work pass application form within 14 days after such a change. |
9. If the foreign employee dies while in Singapore, the employer shall —| (a) | bear the cost of either —| (i) | burial of the body in Singapore; | | (ii) | cremation of the body in Singapore and return of the ashes to the country of origin; or | | (iii) | return of the body to the country of origin, |
| with the foreign employee’s family deciding on burial, cremation or return of the body; |
| | (b) | bear the cost of returning the foreign employee’s belongings to the foreign employee’s family; and | | (c) | pay to the administrators of the foreign employee’s estate any outstanding salaries or moneys due from the employer to the foreign employee. |
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| 10. Except as the Controller specifies otherwise in writing, the employer shall not demand or receive any sum or other benefit from an employment agency or any other person in connection with the employment or change in employment of a foreign employee. [S 864/2021 wef 11/11/2021] |
| 10A. [Deleted by S 154/2024 wef 01/03/2024] |
| Cancellation of work permit and visit pass and duties before or upon repatriation of foreign employee |
| 11. The employer shall return the work permit and visit pass to the Controller within 7 days after the cancellation of the work permit. |
11A. Except as the Controller specifies otherwise in writing, the employer is responsible for —| (a) | the upkeep and maintenance of the foreign employee in Singapore, including the provision of adequate food and medical treatment; and | | (b) | bearing the costs of such upkeep and maintenance. [S 143/2017 wef 01/04/2017] |
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| 11B. The employer shall ensure that the foreign employee has acceptable accommodation in Singapore. Such accommodation must be in accordance with the requirements in any written law, directive, guideline, circular or other similar instrument issued by any competent authority. [S 563/2013 wef 03/09/2013] |
| 12. Subject to paragraphs 13 and 17, the employer shall repatriate the foreign employee to the international port of entry within the foreign employee’s home country that affords reasonable access to the foreign employee’s hometown when the foreign employee’s work permit or visit pass expires or is cancelled or revoked and if the foreign employee is not earlier employed by another employer. In the event of any dispute about the international port of entry to which the foreign employee shall be repatriated, the dispute shall be referred to the Controller, whose decision shall be final. [S 143/2017 wef 01/04/2017] [S 902/2018 wef 01/01/2019] |
13. The employer may repatriate the foreign employee to a destination other than that specified in paragraph 12 —| (a) | if the foreign employee so requests, and the Controller is informed by the employer of the employer’s intention to do so, before the repatriation occurs; or | | (b) | if the Controller so determines. |
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| 14. The employer shall bear the costs associated with repatriating the foreign employee at any time except where the Controller permits otherwise. The employer shall ensure that all outstanding salaries or moneys due from the employer to the foreign employee have been paid before the foreign employee’s repatriation. |
| 15. Unless requested by the Controller of Immigration or the Controller of Work Passes, the employer shall not repatriate the foreign employee when such repatriation would frustrate or deny any statutory claim that has been filed before 1 April 2017 by the foreign employee for salary arrears under the Employment Act 1968, any claim lodged or intended to be lodged by the foreign employee for salary arrears under the Employment Claims Act 2016, or work injury compensation under the Work Injury Compensation Act (Cap. 354) in force before 1 September 2020 or the Work Injury Compensation Act 2019. [S 143/2017 wef 01/04/2017] [S 736/2020 wef 01/09/2020] [S 63/2022 wef 31/12/2021] |
| 16. Except as the Controller specifies otherwise in writing, the employer continues to be responsible for and must bear the costs of the upkeep (including the provision of food and medical treatment) and maintenance of the foreign employee in Singapore who is awaiting resolution and payment of any statutory claim filed before 1 April 2017 for salary arrears under the Employment Act 1968, any tripartite mediation for salary arrears sought under the Industrial Relations Act 1960, any mediation request submitted or claim lodged for salary arrears under the Employment Claims Act 2016, or any claim for work injury compensation under the Work Injury Compensation Act in force before 1 September 2020 or the Work Injury Compensation Act 2019. The employer must ensure that the foreign employee has acceptable accommodation in Singapore. Such accommodation must be in accordance with the requirements in any written law, directive, guideline, circular or other similar instrument issued by any competent authority. These responsibilities cease upon resolution and payment of the claim for salary arrears or the work injury compensation. [S 143/2017 wef 01/04/2017] [S 736/2020 wef 01/09/2020] [S 63/2022 wef 31/12/2021] |
17. Despite paragraph 12, the employer must not repatriate a foreign employee if, before the repatriation, the Controller —| (a) | notifies the employer that an in‑principle approval has been issued for the foreign employee to be employed by another employer (called in this Part the second‑mentioned employer); and | | (b) | directs the employer not to repatriate the foreign employee, which direction has not been withdrawn. [S 143/2017 wef 01/04/2017] |
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18. Where the foreign employee is not repatriated by virtue of paragraph 17, the obligations of the employer to the foreign employee under paragraphs 11A, 11B and 16 survive until —| (a) | the date of expiry of the foreign employee’s work permit, or the date a work permit is issued for that foreign employee with the second‑mentioned employer, whichever is earlier, unless a notice mentioned in sub‑paragraph (b) is given to the employer; or | | (b) | if a notice is given by the Controller to the employer before the date of expiry of the work permit requiring the employer to continue to be responsible for the foreign employee, the date stated on the notice (which date must not be later than 30 days after the date of expiry of the work permit), or the date a work permit is issued for that foreign employee with the second‑mentioned employer, whichever is earlier. [S 143/2017 wef 01/04/2017] |
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