Section 118
of Labour Act
Section 118
(1)
No person shall knowingly employ any immigrant worker unless he has obtained a licence from the Commissioner to do so in such form and subject to such conditions as may be prescribed unless such worker has been brought before the Commissioner for the purpose of subsection (2) of section 50:
Provided that where an immigrant worker 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 worker.
Labour
p. 67
(2)
In subsection (1), “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.
(3)
Any employer who contravenes the provisions of subsection (1)
and any immigrant worker found working for such an employer shall each be guilty of an offence: Penalty, a fine of $10,000 and imprisonment for a term of not less than 6 months and not more than 3 years.
(4)
In subsection (3), “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 an agreement or contract with an employer (as defined in section 2) and in respect of whom a licence has been contained by such employer from the Commissioner under subsection (1); or
(b)
the 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).
Exemption of employer if not actual offender.