AKTA AGENSI PEKERJAAN SWASTA 1981

Private Employment Agencies 1 REPRINT Act 246 PRIVATE EMPLOYMENT AGENCIES ACT 1981 As at 1 October 2018 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2018 2 Laws of Malaysia Act 246 Date of Royal Assent ... ... ... ... 12 February 1981 Date of publication in the Gazette ... ... 19 February 1981 Latest amendment made by Act A1554 which came into operation on ... ... ... ... 1 February 2018 Previous Reprints First Reprint ... ... ... ... ... 2001 Second Reprint ... ... ... ... ... 2006 Private Employment Agencies 3 Act 246 ARRANGEMENT OF SECTIONS Section

1. Short title

2. Application

3. Interpretation

4. Functions and powers of the Director General

4a. Delegation of functions and powers of the Director General

5. (Deleted)

6. Protection against suits and legal proceedings

7. Requirement for licence

8. Application for a licence

9. Compliance with conditions imposed on licence application

9a. Grant of or refusal to grant licence

9b. Power to impose conditions

10. Duration of licence

11. Renewal of licence 11a. Suspension or revocation of licence

12. Place of business to be as stated in licence

13. Display of licence 13a. Replacement of licence 13b. Assignment or transfer of licence l3c. Rent or lease of licence l3d. Identification document 4 Laws of Malaysia Act 246

13e. Establishment of branch

13f. Application for changing category of licence

13g. Notice of cessation of operation

14. Fees for services

14a. Registration fee

14b. Placement fee

14c. Money guarantee

14d. Utilization of money guarantee by the Director General

14e. Return of money guarantee

14f. Forfeiture of money guarantee 15–17. (Deleted)

18. Advertisement

19. Preparation, maintenance and keeping of records

19a. Notification of change in information furnished

20. (Deleted)

21. Powers of enforcement, inspection and investigation

22. (Deleted)

23. Power to issue directions 24–25. (Deleted)

26. Appeal

27. Power to make regulations

27a. Power to amend Schedules

28. Offences and penalties

29. (Deleted)

30. Offence by body corporate

31. Prosecution

32. Power to compound offences First Schedule Second Schedule Section Private Employment Agencies 5

An Act to regulate private employment agencies in Malaysia. [1 August 1981, P.U. (B) 427/1981] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: Short title

1. This Act may be cited as the Private Employment Agencies Act 1981. Application

2. (1) This Act shall apply throughout Malaysia.

(2) This Act shall not apply to the Federal Government and State Governments. Interpretation

3. In this Act, unless the context otherwise requires— “advertisement” shall include any notice, circular, pamphlet, invitation or information which has been disseminated, published Act 246 6 Laws of Malaysia Act 246 or displayed in relation to recruiting activities by any means or form including oral or written communication by means of print, electronic or any other media; “Director General” means—

(a) in respect of Peninsular Malaysia, the Director General of Labour appointed under subsection 3(1) of the Employment Act 1955 [Act 265];

(b) in respect of Sabah, the Director of Labour appointed under subsection 3(1) of the Labour Ordinance [Sabah Cap. 67]; or

(c) in respect of Sarawak, the Director of Labour appointed under subsection 3(1) of the Labour Ordinance [Sarawak Cap. 76]; “employer” means any person who engages a private employment agency to recruit an employee for himself; “fee” means the fee as specified in the First Schedule; “job seeker” means a person who is registered with a private employment agency for the purpose of looking for an employment or is offered an employment or has accepted an offer of employment, but not including a non-citizen; “labour officer” means the officer appointed under subsection 3(2) of the Employment Act 1955, subsection 3(1a) of the Labour Ordinance [Sabah Cap. 67] or subsection 3(1a) of the Labour Ordinance [Sarawak Cap. 76], as the case may be; “licence” means a licence granted under section 9a; “Minister” means the Minister charged with responsibility for human resources; “money guarantee” means a guarantee in the form of cash or financial guarantee issued by a licensed bank under the Financial Services Act 2013 [Act 758] or a licensed Islamic bank under the Islamic Financial Services Act 2013 [Act 759] but not including a licensed international Islamic bank, which is deposited pursuant to section 14c; Private Employment Agencies 7 “prescribed” means prescribed by the Minister by regulations made under this Act; “private employment agency” means a body corporate which is incorporated under the Companies Act 2016 [Act 777] and is granted a licence under this Act to carry on recruiting activity; “recruiting” means activities which have been carried on by any person, including advertising activities, as intermediaries between an employer and a job seeker to—

(a) offer to look for an employment, offer an employment or obtain an employment, for a job seeker; or

(b) offer to look for an employee, offer an employee or obtain an employee, for an employer. Functions and powers of the Director General

4. (1) The Director General shall have the following functions:

(a) to administer and regulate all matters relating to the licensing of a private employment agency;

(b) to regulate all matters relating to the recruiting activity carried on by a private employment agency including issuing a written direction;

(c) to collect, receive, utilize or forfeit money guarantee deposited by a private employment agency;

(d) to direct a private employment agency to submit any information and documents relating to the private employment agency and its activities;

(e) to require submission of any information by a private employment agency to assist the Director General in the performance of his functions; and

(f) to do anything incidental to any of his functions under this Act. 8 Laws of Malaysia Act 246

(2) The Director General shall have the powers to do all things necessary or expedient for or in connection with the performance of his functions under this Act. Delegation of functions and powers of the Director General 4a.  (1)  Subject to subsection (2) and any limitation as may be prescribed by the Minister, a labour officer may exercise all the function and powers conferred upon the Director General under this Act and every function and power so exercised shall be deemed to have been exercised for the purposes of this Act.

(2) A labour officer shall not exercise any of the functions and powers of the Director General under this Act unless he is in possession of an authority card signed by the Director General authorizing him to exercise such functions and powers.

5. (Deleted by Act A1554). Protection against suits and legal proceedings

6. No action, suit, prosecution or any other proceeding shall lie or be brought, instituted or maintained in any court against the Government, the Minister, the Director General or any labour officer in respect of any act, neglect or default done or omitted by it or him in good faith, in such capacity. Requirement for licence

7. (1) No person shall carry on any recruiting activity unless he has been granted a licence under this Act.

(2) Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both. Private Employment Agencies 9 Application for a licence

8. (1) An applicant for a licence under this Act shall submit an application made in accordance with the category of licence as specified in the Second Schedule to the Director General in such form and manner as may be determined by the Director General.

(2) The application shall be accompanied by the processing fee as specified in the First Schedule.

(3) Upon receiving an application under subsection (1), the Director General may require the applicant to provide further particulars, information or documents as he thinks necessary.

(4) If any particulars, information or documents required under subsection (3) are not provided by the applicant within the time determined by the Director General, the application shall be deemed to have been withdrawn without prejudice to a fresh application being made by the applicant.

(5) If an application under subsection (1) is withdrawn at any time before the application is approved or refused, the processing fee paid under subsection (2) shall not be refunded. Compliance with conditions imposed on licence application

9. (1) The Director General may approve an application for a licence made pursuant to section 8 if the applicant complies with the following conditions:

(a) the applicant is a body corporate incorporated under the Companies Act 2016—

(i) with minimum paid-up capital as specified in the Second Schedule; and

(ii) at least fifty-one per cent of the total shares of the company are held by citizens of Malaysia; 10 Laws of Malaysia Act 246

(b) the director of the company, who is named in the application form who is in charge of the affairs of the private employment agency—

(i) is a citizen of Malaysia;

(ii) is not an undischarged bankrupt; and

(iii) has not been convicted of any offence under any written law in relation to anti-trafficking in persons and forced labour;

(c) the applicant has suitable premises for carrying on recruiting activity as determined by the Director General; and

(d) the applicant shall have the words “Agensi Pekerjaan” precede the name of the company.

(2) Notwithstanding subsection (1), the Director General may impose any other conditions as he thinks necessary. Grant of or refusal to grant licence 9a.  (1)  Upon receiving and having considered the application for a licence under section 8, the Director General may grant or refuse to grant a licence.

(2) The Director General shall issue to the applicant a written notice of his decision whether to grant or refuse to grant a licence under subsection (1).

(3) If the application under subsection (1) is approved, the applicant shall, within thirty days from the date of the notice under subsection (2), pay the licence fee as specified in the First

Schedule and deposit the money guarantee as specified in the Second Schedule for the purposes of granting the licence. (4) If the applicant fails to pay the licence fee and money guarantee within thirty days as specified under subsection (3), the Director General may refuse to grant the licence without prejudice to a fresh application being made by the applicant. Private Employment Agencies 11 Power to impose conditions 9b. Subject to this Act, the Director General may impose any conditions as he thinks necessary upon granting a licence under section 9a and may amend the conditions imposed. Duration of licence 10. Every licence granted under section 9a or renewed under paragraph 11(2)(a), unless the licence is suspended or revoked, shall be valid for a period of twenty-four months from the date of— (a) granting of the licence; or (b) renewal of the licence, as the case may be. Renewal of licence 11. (1) Application for renewal of licence shall be submitted by the applicant to the Director General together with the processing fee as specified in the First Schedule at least sixty days before the expiry date and shall be in such form and manner together with any document and information as determined by the Director General. (2) The Director General may, after giving consideration to the application for the renewal of licence under subsection (1)— (a) renew the licence, with or without conditions; or (b) refuse to renew the licence. (3) If the Director General renews the licence, he shall notify the applicant of his decision by written notice and the applicant shall, within thirty days from the date of the notice, pay the licence fee as specified in the First Schedule and deposit the money guarantee as specified in the Second Schedule. 12 Laws of Malaysia Act 246 (4) The Director General shall refuse the application for the renewal of licence if— (a) the application is made after the expiry of the licence; (b) the application is not made in accordance with subsection (1); (c) the applicant fails to remedy the contravention or take the corrective action within the period as may be specified by the Director General pursuant to subsection 11a(6); or (d) the applicant fails to comply with any of the provisions of this Act or any regulations made under this Act. (5) If the renewal of licence is refused under paragraph (2)(b), the Director General shall notify the applicant of his decision by written notice. (6) An application under subsection (1) may be withdrawn at any time before the application is approved or refused but the fee paid under subsection (1) shall not be refunded. (7) The Director General may consider any application to renew the licence which is received after the specified period under subsection (1) but before the expiry of the licence. (8) If the Director General renews the licence under subsection (7), a processing fee as specified in the First Schedule at double the rate shall be imposed for the purpose of the renewal. Suspension or revocation of licence 11a.  (1)  The Director General may, by written notice to a private employment agency and without any compensation, suspend or revoke a licence granted under this Act if he is satisfied that the private employment agency— (a) has contravened or failed to comply with any of the provisions of this Act or any regulations made under this Act; Private Employment Agencies 13 (b) has failed to comply with any conditions imposed by the Director General; (c) has been convicted of an offence under this Act or the director of the private employment agency has been detained under any written law in relation to anti-trafficking in persons and forced labour; (d) has wound up or otherwise dissolved; (e) has failed to comply with any written directions issued by the Director General under this Act; (f) has induced the granting of the licence by a false representation of fact; (g) has used the licence granted under this Act for an unlawful purpose; or (h) has ceased to carry on recruiting activities. (2) The Director General shall not suspend or revoke a licence unless he is satisfied that, after giving the private employment agency an opportunity to make any representation in writing as to why the licence should not be suspended or revoked within the period specified in the written notice, the licence should be suspended or revoked. (3) After the expiry of the period specified in the written notice and after considering the representation made under subsection (2), the Director General shall decide whether or not to suspend or revoke the licence. (4) The Director General shall inform a private employment agency of his decision under subsection (3) by written notice. (5) The private employment agency shall after receipt of the written notice on the suspension or revocation under subsection (4)— (a) advertise the notice of cessation of operation in at least one national language newspaper having nationwide circulation; 14 Laws of Malaysia Act 246 (b) display the notice of cessation of operation in a conspicuous space at the private employment agency’s premises; and (c) publish in the private employment agency’s website continuously on the cessation of operation, if any. (6) If a licence has been suspended under subsection (3), the Director General shall require the private employment agency to remedy the contravention or to take corrective action within the period as specified by the Director General. (7) If the Director General is satisfied that the private employment agency has failed to remedy the contravention or take corrective action as required under subsection (6), the Director General shall revoke the licence of the private employment agency. (8) A private employment agency may, within twenty-one days from the date of receipt of a revocation notice from the Director General, appeal to the Minister. (9) If a licence— (a) has been revoked, the licence shall have no effect from the date of revocation and the private employment agency shall within fourteen days from the date of revocation of the licence, surrender the licence to the Director General; or (b) has been suspended, the licence shall have no effect during the period of suspension. Place of business to be as stated in licence 12. A licenced private employment agency shall carry on its business in such place as stated in the licence and shall not change its place of business without the prior permission in writing of the Director General. Display of licence 13. (1) A licenced private employment agency shall display its licence in a conspicuous place in the premises as specified in the licence. Private Employment Agencies 15 (2) Any private employment agency which contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit. Replacement of licence 13a.  (1)  If the licence of a private employment agency is lost, destroyed or damaged, the private employment agency shall apply for a copy of the licence from the Director General in such form and manner as determined by the Director General. (2) The application under subsection (1) shall be accompanied by the processing fee for replacing the licence as specified in the First Schedule. (3) Any private employment agency which contravenes subsection (1) or (2) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit. Assignment or transfer of licence 13b.  (1)  A private employment agency shall not assign or transfer any licence granted under this Act to any person unless with the prior written approval of the Director General. (2) Any private employment agency which contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both. Rent or lease of licence 13c.  (1)  A private employment agency shall not rent out or lease any licence granted under this Act to any person. (2) Any private employment agency which contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both. 16 Laws of Malaysia Act 246 Identification document 13d.  (1)  A private employment agency which has been granted a licence under section 9a shall apply to the Director General, in such form and manner as determined by the Director General, for an identification document of its employees who carry out recruiting activities. (2) The private employment agency shall give the identification document to its employees who carry out recruiting activities. (3) The Director General may impose any condition for the purpose of granting an identification document to the private employment agency. (4) Any private employment agency which contravenes subsection (1) or (2) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit. (5) Any employee of a private employment agency who fails to produce an identification document when required while carrying out any recruiting activity commits an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit. (6) If an identification document is lost, destroyed or damaged, the private employment agency shall apply for a replacement of the identification document to the Director General and the application shall be accompanied by the processing fee as specified in the First Schedule. (7) Any private employment agency which contravenes subsection (6) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit. Establishment of branch 13e.  (1)  A private employment agency which intends to establish a branch shall make an application to the Director General for a licence to carry out recruiting activities in the branch. (2) The conditions as specified under section 9 shall apply for the application of licence under this section. (3) Every application of licence for establishment of the branch shall be made to the Director General in such form and manner Private Employment Agencies 17 as determined by the Director General and shall be accompanied by the processing fee as specified in the First Schedule. (4) The Director General shall issue the applicant a written notice of his decision whether to grant or refuse to grant a licence under subsection (1). (5) If the application under subsection (1) is approved, the applicant shall, within thirty days from the date of the notice under subsection (4), pay the licence fee as specified in the First

Schedule and deposit the money guarantee as specified in the Second Schedule. (6) If the applicant fails to pay the licence fee and money guarantee within thirty days as specified under subsection (5), the Director General may refuse to grant the licence without prejudice to a fresh application being made by the applicant. (7) Any private employment agency which contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit or to imprisonment for three years or to both. Application for changing category of licence 13f.  (1)  A private employment agency may apply to the Director General to change its category of licence in accordance with the categories of licences as specified in the Second Schedule in such form and manner as determined by the Director General and the application shall be accompanied by the processing fee as specified in the First Schedule. (2) The Director General may, after considering the application made under subsection (1), approve or refuse the application. (3) If the Director General approves such application under subsection (2), the Director General shall issue a written notice to the applicant, and within a period of thirty days from the date of a written notice, the applicant shall pay the licence fee as specified in the First Schedule and deposit the money guarantee as specified in the Second Schedule. (4) If the applicant fails to pay the licence fee and money guarantee within thirty days as specified under subsection (3), the Director General may refuse to grant the licence without prejudice to a fresh application being made by the applicant. 18 Laws of Malaysia Act 246 (5) If the Director General refuses the application under subsection (2), the Director General shall notify the applicant by a written notice of his decision. Notice of cessation of operation 13g.  (1)  A private employment agency which intends to cease operation at any time before the date of the expiry of the licence or does not intend to renew the licence shall, within the period of at least sixty days from the date of cessation of operation— (a) submit a written notice to the Director General; (b) advertise the notice of cessation of operation once in at least one daily national language newspapar nationwide; (c) display the notice of cessation of operation in an appropriate and conspicuous area of the premises of the private employment agency until the last date of the operation; and (d) publish the notice of cessation of operation on its website continuously until the date of cessation, if any. (2) Any private employment agency which contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a period not exceeding two years or to both. Fees for services 14. (1) No private employment agency shall charge for any service rendered a fee on the job seeker and non-citizen employee other than or in excess of that as specified in the First Schedule and for every fee received a receipt shall be issued. (2) (Deleted by Act A1554). Registration fee 14a.  A private employment agency may impose registration fee as specified in the First Schedule on any job seeker for all Private Employment Agencies 19 categories of employment within or outside Malaysia upon the registration of the job seeker with the private employment agency. Placement fee 14b.  (1)  A private employment agency may impose placement fee as specified in the First Schedule on any job seeker or non-citizen employee upon the acceptance of an offer of employment by them. (2) The placement fee imposed under subsection (1) may be paid by an employer of the job seeker or non-citizen employee. (3) If the placement fee is paid in accordance with subsection (2), no placement fee shall be demanded by the private employment agency from the job seeker or non-citizen employee. Money guarantee 14c. Upon the grant of a licence by the Director General under section 9a, a private employment agency shall deposit a money guarantee to the Director General in accordance with the category of licence as specified in the Second Schedule. Utilization of money guarantee by the Director General 14d.  (1)  The Director General may, upon giving prior notice to the private employment agency, utilize the money guarantee deposited under this Act for the purpose of ensuring the responsibilities of the private employment agency to the job seeker, non-citizen employee or the employer has been fulfilled. (2) If the Director General uses the money guarantee under subsection (1), the private employment agency shall issue additional deposit in the form of money guarantee so that the total sum of the money guarantee shall be maintained at all times to be of the value as specified in the Second Schedule after receiving the notice for additional deposit from the Director General. 20 Laws of Malaysia Act 246 (3) If the private employment agency fails to deposit the additional money guarantee within the period specified in the notice referred to in subsection (2) issued by the Director General, the Director General may issue a notice to suspend the private employment agency’s licence. (4) If the private employment agency fails to deposit the additional money guarantee within the period as specified in the suspension notice, the Director General shall revoke the private employment agency’s licence. Return of money guarantee 14e.  (1)  The Director General may return a money guarantee to a private employment agency, subject to any deduction, upon a written application from the private employment agency when— (a) the private employment agency has ceased operation; (b) the licence of the private employment agency has been revoked; or (c) the licence of the private employment agency has expired and no application for renewal of licence has been made by the private employment agency. (2) The Director General may impose any terms and conditions on the private employment agency upon receiving the application under subsection (1) for the purpose of approval. (3) Upon the approval of the application under subsection (2), the money guarantee shall be returned within ninety days to the private employment agency from the date of the approval. (4) Notwithstanding subsection (2), the Director General may, return the money guarantee to a private employment agency as soon as possible where there is a change in the category of licence of the private employment agency. Private Employment Agencies 21 Forfeiture of money guarantee 14f.  (1)  If a private employment agency has ceased operation or its licence has been revoked or has expired, the private employment agency shall claim its money guarantee within twelve months from the date of the cessation of operation or expiration of licence. (2) If the private employment agency fails to claim its money guarantee within the period specified in subsection (1), the Director General shall, by notification in the Gazette, notify the relevant private employment agency that their money guarantee will be forfeited after the expiration of three months from the date of the Gazette. (3) The money guarantee which is forfeited under subsection (2) shall be paid into the Federal Consolidated Fund. 15–17.  (Deleted by Act A1554). Advertisement 18. (1) No private employment agency may advertise in any mass media unless the advertisement contains— (a) the licence number; and (b) correct information relating to the advertisement. (2) Any private employment agency which contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment not exceeding one year or to both. Preparation, maintenance and keeping of records 19. (1) Every private employment agency shall prepare, maintain and keep records as determined by the Director General as follows: (a) records of registration of job seekers; (b) records of registration of employers; (c) records of vacancies of employment; 22 Laws of Malaysia Act 246 (d) records of placement of job seekers and for non-citizen employees; (e) records of fees collected; and (f) any other records as may be required by the Director General. (2) A private employment agency shall keep the records for a period of not less than six years from the date after it is recorded. (3) A private employment agency shall submit all the records under subsection (1) if the Director General, by written direction, requires the private employment agency to submit such records. (4) A private employment agency which contravenes subsection (1), (2) or (3) commits an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit. Notification of change in information furnished 19a.  A private employment agency shall notify the Director General in writing of the occurrence of any material change in any information furnished to the Director General in relation to- (a) information relating to all the records under section 19; (b) the director who is named in the application form who is in charge of the affairs of the private employment agency; and (c) any other information or a written explanation as required by the Director General, in respect of any information furnished by the private employment agency. 20. (Deleted by Act A1554). Powers of enforcement, inspection and investigation 21. The Director General or any labour officer under section 4a shall have all the powers of a police officer of whatever rank as provided for under the Criminal Procedure Code [Act 593], in Private Employment Agencies 23 relation to enforcement, inspection and investigation, and such powers shall be in addition to the powers provided for under this Act and not in derogation thereof. 22. (Deleted by Act A1554). Power to issue directions 23. The Director General may issue to any private employment agency such directions as he may think necessary for the purposes of ensuring that the running of such agency is in accordance with the provisions of this Act, and any such agency to whom any such direction is issued shall comply with it within such time as stated therein. 24–25.  (Deleted by Act A1554). Appeal 26. (1) Any person aggrieved by the decision of the Director General under this Act shall within thirty days of the notification of such decision appeal in writing to the Minister. (2) The Minister may, after considering the appeal under subsection (1), confirm, reverse or vary the decision of the Director General. (3) For the avoidance of doubt, an appeal made under subsection (1), does not suspend the decision being appealed against. Power to make regulations 27. (1) The Minister may make regulations as are necessary or expedient for the purposes of carrying out the provisions of this Act. (2) Without prejudice to the generality of subsection (1), regulations may be made for all or any of the following purposes: (a) prescribing any matter which is required under this Act to be prescribed; or 24 Laws of Malaysia Act 246 (b) prescribing a fine not exceeding two hundred and fifty thousand ringgit for the contravention of or failure to comply with any of the provisions of any regulations made under this Act. Power to amend Schedules 27a.  The Minister may, by order published in the Gazette, amend any of the Schedules. Offences and penalties 28. Any person who— (a) imposes or receives personally or through another person, for his services, any amount greater than the fee as specified in the First Schedule; (b) knowingly deceives any job seekers, employers or non-citizen employees by giving false information; or (c) contravenes any provisions of this Act or any subsidiary legislation made under this Act, commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both. 29. (Deleted by Act A1554). Offence by body corporate 30. Any person who at the time of the commission of the offence was a director, manager, secretary or other similar officer of the body corporate commits an offence under this Act, may be charged severally or jointly in the same proceedings with the body corporate and if the body corporate is found to have Private Employment Agencies 25 committed the offence, shall be deemed to have committed that offence unless, having regard to, the nature of his functions in that capacity and to all circumstances, he proves— (a) that the offence was committed without his knowledge, consent or connivance; and (b) that he had taken all reasonable precautions and exercised due diligence to prevent the commission of the offence. Prosecution 31. Proceedings for offences against this Act or against any regulation made thereunder shall not be instituted or conducted except with the written consent of the Public Prosecutor. Power to compound offences 32. (1) The Minister may, with the approval of the Public Prosecutor, make regulations prescribing— (a) any offence under this Act and any regulations made under the Act that may be compounded; (b) the criteria for compounding such offence; and (c) the method and procedure for compounding such offence. (2) The Director General may, with the consent in writing of the Public Prosecutor, compound any offence, except offences under subsections 7(2), 13b(2), 13c(2), 13e(7), 13g(2), 18(2) and section 28 committed by any person under this Act or any regulations made under this Act and prescribed to be a compoundable offence by making a written offer to the person suspected to have committed the offence to compound the offence upon payment to the Director General of such amount of money not exceeding fifty per centum of the amount of maximum fine for that offence within such time as may be specified in his written offer. (3) An offer under subsection (2) may be made at any time after the offence has been committed but before any prosecution for it has been instituted. 26 Laws of Malaysia Act 246 (4) If the amount specified in the offer is not paid within the time specified in the offer or such extended time as the Director General may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made. (5) Where an offence has been compounded under subsection (2), no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made, and any document or thing seized in connection with the offence may be released by the Director General, subject to such terms as he thinks fit. (6) All sums of money received by the Director General under this section shall be paid into and form part of the Federal Consolidated Fund. Private Employment Agencies 27 First Schedule [Sections 8, 9a, 11, 13a, 13d, 13e, 13f, 14, 14a, 14b, 28] Types of Fee (1) Total Fee (2) (1) For establishment of private employment agency (a) Licence Fee RM500 (b) Processing Fees (i) Application for licence (ii) Renewal of licence (iii) Application for licence for a branch (iv) Replacement of licence (v) Application for changing category of licence (vi) Identification document (vii) Replacement of identification document RM300 RMl00 RM50 RM50 (2) Fee imposed on job seeker or non-citizen employee (a) Registration Fees (i) Fee imposed for r e g i s t r a t i o n o f all categories of employment within Malaysia to a job seeker, the registration to be valid for all categories of employment for a period of twelve months. RM30 and below 28 Laws of Malaysia Act 246 Types of Fee (1) Total Fee (2) (ii) Fee imposed for r e g i s t r a t i o n o f all categories of employment outside Malaysia to a job seeker, the registration to be valid for all categories of employment for a period of six months. RM50 and below (b) Placement Fees (i) Job seeker who is employed within Malaysia (ii) Job seeker who is employed outside Malaysia (iii) Non-citizen employee who is employed within Malaysia Not more than 25% of the basic wages for the first monthly wages Not more than 25% of the basic wages for the first monthly wages Not more than one month of the basic wages for the first monthly wages Private Employment Agencies 29 Second Schedule [Sections 8, 9, 9a, 11, l3e, l3f, 14c, 14d] Category of Licence (1) Paid-up capital (2) Money Guarantee (3) Money Guarantee to establish a new branch (4) Licence A— Job placement for a job seeker within Malaysia RM50,000 RM5,000 RM5,000 Licence B— Job placement for a job seeker within and outside Malaysia, and foreign domestic servant within Malaysia RM30,000 Licence C— Job placement for a job seeker within and outside Malaysia, and non-citizen employee within Malaysia RM250,000 RM250,000 30 Laws of Malaysia Act 246 Act 246 LIST OF AMENDMENTS Amending law Short title In force from P.U. (A) 213/1981 Private Employment Agencies (Amendment) Order 1981 24-07-1981 Private Employment Agencies (Amendment) Act 2005 05-09-2005 Act Al554 Private Employment Agencies (Amendment) Act 2017 01-02-2018 Private Employment Agencies 31 Act 246 LIST OF SECTIONS AMENDED Section Amending authority In force from 2 Act A1554 01-02-2018 3 Act A1554 05-09-2005 01-02-2018 4 Act A1554 05-09-2005 01-02-2018 4a Act A1554 01-02-2018 5 Act A1554 01-02-2018 6 Act A1554 01-02-2018 7 Act A1554 01-02-2018 8 Act A1554 01-02-2018 9 Act A1554 01-02-2018 9a Act A1554 01-02-2018 9b Act A1554 01-02-2018 10 Act A1554 01-02-2018 11 Act A1554 01-02-2018 11a Act A1554 01-02-2018 13 Act A1554 01-02-2018 13a Act A1554 01-02-2018 13b 32 Laws of Malaysia Act 246 Section Amending authority In force from 13c Act A1554 01-02-2018 13d Act A1554 01-02-2018 13e Act A1554 01-02-2018 13f Act A1554 01-02-2018 13g Act A1554 01-02-2018 14 Act A1554 01-02-2018 14a Act A1554 01-02-2018 14b Act A1554 01-02-2018 14c Act A1554 01-02-2018 14d Act A1554 01-02-2018 14e Act A1554 01-02-2018 14f Act A1554 01-02-2018 15 Act A1554 01-02-2018 16 Act A1554 01-02-2018 17 Act A1554 01-02-2018 18 Act A1554 01-02-2018 19 Act A1554 01-02-2018 19a Act A1554 01-02-2018 20 Act A1554 01-02-2018 21 Act A1554 01-02-2018 22 Act A1554 01-02-2018 24 Act Al554 01-02-2018 25 Act Al554 01-02-2018 26 Act Al554 01-02-2018 27 Act Al554 01-02-2018 Private Employment Agencies 33 Section Amending authority In force from 27a Act Al554 01-02-2018 28 Act Al554 01-02-2018 29 Act Al554 01-02-2018 30 Act A1554 01-02-2018 31 Act A1554 01-02-2018 32

Schedule P.U. (A) 213/1981 Act A1554 24-07-1981 01-02-2018 First

Schedule Second

Schedule DICETAK OLEH PERCETAKAN NASIONAL MALAYSIA BERHAD, KUALA LUMPUR BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA