Employment Permits Act 2024

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Termination of employment

43. (1) Subject to subsections (6) and (7), if the employment of a foreign national pursuant to an employment permit is terminated by the employer or the holder of the permit or otherwise, for whatever reason, ceases, the—

(a) holder of the permit, and

(b) employer specified in the permit,

shall, within a prescribed period from the date of such termination or cessation, notify the Minister in writing of the date of termination or cessation of the employment concerned.

(2) In the case of an intra-company transfer employment permit, if—

(a) the employment of the foreign national is terminated by the foreign employer or the holder of the permit, or

(b) the foreign national ceases, for whatever reason, to carry out duties for, or participate in a training programme provided by, the connected person,

the—

(i) holder of the permit, and

(ii) connected person,

shall, within a prescribed period from the date of such termination or cessation, notify the Minister in writing of the date of termination of the employment concerned or cessation of duties or participation referred to in paragraph (b), as the case may be.

(3) The Minister shall, upon receipt of a notification under subsection (1) or (2), cancel the employment permit concerned and notify in writing—

(a) the foreign national, and

(b) the employer specified in the employment permit,

that the employment permit is cancelled with effect from the date of termination of the employment concerned or cessation of duties or participation referred to in subsection (2)(b), as the case may be, and is no longer in force.

(4) A person who fails to comply with subsection (1) or (2) shall be guilty of an offence.

(5) It shall be a defence for a person charged with an offence under subsection (4) to show that he or she took all reasonable steps to notify the Minister within the period referred to in subsection (1) or subsection (2), as the case may be.

(6) Subsection (1) shall not apply to a change of employer that is approved by the Minister under section 27 (11) or 29 (10).

(7) Subsection (1) shall not apply to the termination or cessation of the employment of a foreign national as a non-consultant hospital doctor pursuant to an employment permit referred to in section 31 (1)(b) where a notification referred to in section 31 (2) has been made to the Minister by another person proposing to employ the foreign national as a non-consultant hospital doctor within the period referred to in that section.