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本帖最后由 烤蛋 于 10-9-2009 12:21 编辑
新加坡工作介绍所宪法条款
Short title.
1.ThisAct may be cited as the Employment Agencies Act.Interpretation.
2.Inthis Act, unless the context otherwise requires —"employmentagency" means any agency orregistry carried on or represented as being or intended to be carriedon (whether for the purpose of gain or reward or not) for or inconnection with the employment of persons in any capacity, but doesnot include any registry set up by an employer for the sole purposeof recruiting persons for employment on his own behalf;"licence" means a licence granted under thisAct;"licensee" means the person to whom a licenceis granted under this Act;"publicofficer" means a person holdinga paid office in the service of the Government.Officers.
3.—(1)TheCommissioner for Labour appointed under the Employment Act (referredto in this Act as the Commissioner) shall be the officer in chargeof the general administration of this Act and any Deputy Commissionerfor Labour or Assistant Commissioner for Labour appointed underthe Employment Act may, subject to such limitations as may be prescribedin this Act, perform all duties imposed and exercise all powersconferred on the Commissioner by this Act and every duty so performedand power so exercised shall be deemed to have been duly performedand exercised for the purpose of this Act. Cap. 91.
(2)The Minister may appoint such otherofficers with such powers as may be necessary for carrying intoeffect the provisions of this Act. Application.
4.—(1)Nothingin this Act shall apply to any employment agency wholly maintainedor wholly managed by any department of the Government. (2)The provisions of this Act shall applyto employment agencies in the premises of any statutory authority. (3)The Minister may, by order, exemptany employment agency from all or any of the provisions of thisAct either absolutely or subject to such conditions as he may thinkfit to impose, and may, at any time, at his discretion, revoke anysuch exemption or cancel, alter or add to any such conditions. Other laws not affected.
5.Nothingin this Act shall operate to relieve any employment agency of anyduty or liability imposed upon it by any other written law for thetime being in force or to limit any powers given to any public officerby any other written law.Persons carrying on an employment agencyto be licensed.
6.—(1)Noperson shall carry on an employment agency unless he is the holderof a licence from the Commissioner authorising him to carry on suchan agency. 11/84.
(2)Any person who contravenes or failsto comply with subsection (1) shall be guilty of an offence andshall be liable on conviction to a fine not exceeding $5,000 andin the case of a second or subsequent conviction to a fine not exceeding $10,000 orto imprisonment for a term not exceeding 6 months or to both. Application for licence.
7.—(1)Anyperson who desires to obtain a licence shall make an applicationto the Commissioner in such form as the Commissioner may require. 11/84.
(2)Upon receiving an application undersubsection (1) the Commissioner shall consider the application andmay grant a licence with or without conditions or refuse to granta licence. (3)The Commissioner may at any time varyor revoke any of the existing conditions of a licence or imposenew conditions. Security.
8.—(1)TheCommissioner may, before granting a licence, require the applicantto give such security as may be prescribed. 11/84.
(2)Any sum deposited under this sectionmay be forfeited in whole or in part at the discretion of the Commissioneron the revocation of the licence under section 11. [7A
Licence fee.
9.Everylicensee shall pay such licence fee as may be prescribed. [7B
11/84.
Period for which licence is in force.
10.Unlessrevoked under section 11, a licence shall continue in force forone year from the date of grant of the licence. [7C
11/84.
Revocation of licence.
11.—(1)TheCommissioner may revoke a licence if he is satisfied that the licensee —(a)is contravening or has contravenedany of the provisions of this Act or any rules made thereunder;(b)has failed to comply with any of theconditions of his licence;(c)has carried on or is carrying on anemployment agency in a manner likely to be detrimental to the interestsof his clients; or(d)has ceased to carry on an employmentagency for which he has been licensed or, if the licensee is a company,goes into liquidation or is wound up or otherwise dissolved.11/84.
(2)The Commissioner shall, before revokingany licence under subsection (1), give the licensee concerned noticein writing of his intention to do so, specifying a date, not lessthan 21 days after the date of the notice, upon which such revocation shalltake effect and calling upon the licensee to show cause to the Commissioner whysuch licence should not be revoked. (3)When the Commissioner has revoked alicence under subsection (1), he shall forthwith inform the licenseeconcerned by notice in writing of the revocation. (4)An order of revocation shall not takeeffect until the expiration of 14 days after the order has beenserved on the licensee. (5)If within the period stated in subsection(4) the licensee gives due notice of appeal to the Minister, theorder of revocation shall not take effect unless the order is confirmedby the Minister or the appeal is withdrawn. [7D
Effect of revocation.
12.—(1)Wherean order of revocation becomes effective under section 11, the licenseeconcerned shall forthwith cease to carry on the employment agency. 11/84.
(2)Subsection (1) shall not prejudicethe enforcement by any person of any right or claim against thelicensee concerned or by the licensee concerned of any right or claimagainst any person arising out of or concerning any matter or thingdone prior to the revocation of the licence. [7E
Appeals.
13.Anyperson who is aggrieved by the refusal of the Commissioner to granta licence or by a decision of the Commissioner to revoke a licencemay, within 14 days of the date of receipt of the notice of suchrefusal or revocation, appeal in writing to the Minister whose decisionshall be final. [7F
11/84.
Fees for services rendered.
14.—(1)Itshall be lawful for a licensee to charge and receive such fees asmay be prescribed from time to time. (2)No licensee shall charge or receiveany form of fees, remuneration, profit or compensation otherwisethan as provided in this Act or in any rules made thereunder. [8
Sharing of fees prohibited.
15.Nolicensee shall share the fees charged by him with contractors orcontractors’ agents to whom applicants for employment aresent for work.[9
Keeping of registers.
16.—(1)Everylicensee shall cause to be kept such registers as may be prescribed. (2)Such registers shall be kept at theoffice of the employment agency and shall at all reasonable timesbe open to inspection by the Commissioner or an officer authorisedin writing in that behalf by the Commissioner. [10
Submission of monthly returns.
17.Everyemployment agency shall submit monthly returns in the prescribedform not later than the seventh day of the month following the monthin respect of which those returns are required to be so submitted. [11
Power to summon.
18.—(1)Forthe purposes of holding inquiries under section 19 and of investigatinginto allegations of failure to comply with any of the provisionsof this Act or of any rules made thereunder the Commissioner maysummon before him the licensee or any person whom the Commissionerconsiders capable of giving information respecting the affairs ofan employment agency and the Commissioner may require the licenseeor person to produce any document in his custody or power relatingto the employment agency. (2)The Commissioner may examine on oath,either by word of mouth or by written interrogation, any personsummoned to appear before him under subsection (1). (3)A person summoned shall be bound toattend at the time and place mentioned in the summons and shallbe bound to answer truly all questions put to him by the Commissionerand shall produce all documents required to be produced by him. (4)No answer which a person is legallybound to give under subsection (3) shall be proved against him inany criminal proceedings except in a prosecution for giving falseevidence by such answer. (5)Any person who fails to comply withsubsection (3) shall be guilty of an offence and shall be liableon conviction to a fine not exceeding $2,000 or to imprisonment fora term not exceeding 3 months or to both. 11/84.
[12
Commissioner may institute proceedings.
19.Ifupon inquiry whether upon an allegation of failure to comply withany of the provisions of this Act or of any rules made thereunderor otherwise, the Commissioner is satisfied that an offence hasbeen committed or that the complaint is well founded, he may institutesuch proceedings as he may consider necessary. [13
Power to enter and inspect premises.
20.TheCommissioner or any officer duly authorised in writing in that behalfby the Commissioner may, subject to any rules made under this Act,at any reasonable time, and without previous notice, enter and inspectany employment agency or any premises reasonably suspected of beingused for the purposes of an employment agency, and examine all books,or other documents found in the premises, which may appear to himto be the property of or to have been used for the purposes of an employmentagency and remove them for further examination. [14
Liability of licensee for act of servant.
21.Wheneverany licensee would be liable under the provisions of this Act orof any rules made thereunder to any pecuniary penalty or forfeiturefor any act, omission, neglect or default, he shall be liable tothe same pecuniary penalty or forfeiture for every similar act,omission, neglect or default, of any agent or servant employed byhim in the course of the operation of an employment agency in respectof which he holds a licence. [15
Furnishing false particulars in application.
22.Anyperson who in any application for a licence makes any statementwhich is false in any material particular shall be guilty of anoffence. [16
11/84.
Miscellaneous offences.
23.Anylicensee who —(a)charges or receives himself or throughanother person, for his services, any sum greater than the prescribedfee;(b)knowingly and voluntarily deceivesany person by giving false information;(c)instigatesor induces any person not to admit in his service any employee whohas not applied for employment, work or position through his employmentagency; or(d)knowingly sends, directs or takes anygirl or woman to any place for immoral purposes or to a place whereshe is likely to be morally corrupted,shall be guilty of an offence. [17
Penalties.
24.—(1)Alicensee or any person who is guilty of an offence under sections22 and 23, other than an offence under section 23 (d),shall be liable on conviction to a fine not exceeding $2,000and in respect of a second or subsequent offence to a fine not exceeding $5,000or to imprisonment for a term not exceeding 6 months or to both. 11/84.
(2)A licensee or any person who is guiltyof an offence under section 23 (d) shall beliable on conviction to a fine not exceeding $5,000 orto imprisonment for a term not exceeding 2 years or to both. [18
Officers to be public servants.
25.Forthe purposes of this Act and of the Penal Code the Commissionerand other officers appointed or acting under this Act shall be deemedto be public servants within the meaning of the Penal Code. [19
Cap. 224.
Employment agency deemed to be a publicplace.
26.Forthe purposes of section 21 of the Minor Offences Act every employment agencyshall be deemed to be a public place. [20
Cap. 184.
Right of hearing.
27.TheCommissioner and any officer authorised by him in writing in thatbehalf shall have the right to appear and be heard before a Magistrate’sCourt or District Court in any proceeding under this Act. [21
Power to deal with evidence taken byanother officer.
28.Wherethe Commissioner, or any officer performing the duties or exercisingthe powers conferred on the Commissioner, has, for the purpose ofinquiring into any matter under this Act, taken any evidence ormade any memorandum and is prevented by death, transfer or othercause from concluding the inquiry, any successor to the Commissioneror other officer may deal with that evidence or memorandum as ifhe had taken it down or made it and proceed with the inquiry fromthe stage at which his predecessor left it. [22
Power to make rules.
29.—(1)TheMinister may make rules for carrying out the purposes of this Act andin particular and without prejudice to the generality of the foregoingpowers he may make rules to prescribe —(a)the types of employment in respectof which licences may be granted;(b)the manner, circumstances and conditionsunder which licences may be granted to persons for the purpose ofoperating employment agencies;(c)thefees payable to licensees by applicants for employment and applicants for employees;(d)the fees payable for the grant andrenewal of licences;(e)the forms of licence, applicationsfor the grant or renewal of licences, registers and monthly returns;(f)thecircumstances and conditions under which employment agencies maybe granted permission to place or recruit employees outside Singapore;(g)thecircumstances and conditions under which fees may be collected from applicantsfor employment and applicants for employees, as the case may be;(h)penalties for any contravention orfailure to comply with any of the provisions of any rules made underthis section except that no such penalty shall exceed $1,000in the case of a first offence or $2,000 or 6 months’ imprisonmentor both in the case of a second or subsequent offence;(i)the kind and amount of security requiredto be given under this Act.11/84.
(2)All rules made under this section shallbe published in the Gazette and shall be presentedto Parliament as soon as possible after publication and if a resolutionis passed pursuant to a motion notice whereof has been given fora sitting day not later than the first available sitting day ofParliament next after the expiry of one month from the date whenthe rules are so presented annulling the rules or any part thereof asfrom a specified date, the rules or such part thereof, as the casemay be, shall thereupon become void as from that date but withoutprejudice to the validity of anything previously done thereunderor to the making of new rules. [23
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天啊，翻译成功的话，在下要改行当律师啦！
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如果您觉得被工作介绍所欺骗了，
你可以现在这份MOM表格 邮件给以下地址。
The Foreign Manpower Management Division
Ministry of Manpower
120 Kim Seng Road, Blk H
Singapore 23943
或者您也可以Email给 mom_fmmd@mom.gov.sg
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有心人来帮小的顶一顶，希望能减少同胞被骗。
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