Section 112
Employment of immigrant employees
(1)
No person shall knowingly employ any immigrant employee unless he has obtained a licence from the Commissioner to do so in such form and subject to such conditions as the Commissioner may determine:
Provided that where an immigrant employee is found at any premises or place and is in possession of any tools or other implements or is engaged in any activity which may give rise to the inference that he is doing any work, the occupier of such premises or place shall, until the contrary is proved, be presumed to have employed him knowing that he is an immigrant employee.
(2)
Any employer who contravenes the provisions of subsection (1) and any immigrant employee found working for such an employer are each guilty of an offence and liable on conviction to a fine of not less than $6,000 and not exceeding $10,000, imprisonment for a term of not less than 6 months or not more than 3 years or both.
(3)
In this section —
“construction work” means construction, reconstruction, maintenance, repair, alteration or demolition of any building,
Employment 74
harbour, dock, pier, canal, sewer, drain, well, telegraphic or telephonic installation, electrical undertaking, gasworks, waterworks or other work of construction, as well as the preparation for or laying the foundation of any such work or structure;
“employer” includes a person who has entered into an engagement for money or money’s worth for another person to work where —
(a)
that other person is already under a contract of service with an employer (as defined in section 2) and in respect of whom a licence has been obtained by employer from the Commissioner under subsection (1); or
(b)
that work is at piece rates or on commission, whether or not as the result of an arrangement with an employer (as defined in section 2);
“occupier”, in relation to any premises or place, includes —
(a)
the person having the charge, management or control of either the whole or part of the premises or place, either on his own account or as an agent; and
(b)
a contractor who is carrying out building operations or construction works at the premises or place on behalf of some other person.