Schedule
Schedule after receiving the notice for additional deposit from the Director General.
(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(b) the licence of the private employment agency has been revoked; or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.
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(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.
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 (1) If a private employment agency has ceased operation or its licence has been revoked or has expired, the private employment agency shall claim its money guarantee within twelve months from the date of the cessation of operation or expiration of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.”.
Deletion of sections 15, 16 and 17
19. The principal Act is amended by deleting sections 15, 16
and 17.
Amendment of section 18
20. Section 18 of the principal Act is amended—
(a) in paragraph (1)(b), by substituting for the words “vacancies, qualifications thereof and terms and conditions of employment” the words “the advertisement”; and
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23
(b) in subsection (2), by substituting for the words “in breach of subsection (1) shall be guilty of an offence under this Act” the words “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”.
Substitution of section 19
21. The principal Act is amended by substituting for section 19
the following section:
“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;
(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.”.
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New section 19a
22. The principal Act is amended by inserting after section 19
the following section:
“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.”.
Deletion of section 20
23. The principal Act is amended by deleting section 20.
Substitution of section 21
24. The principal Act is amended by substituting for section 21
the following section:
“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 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.”.
Private Employment Agencies (Amendment)
25
Deletion of section 22
25. The principal Act is amended by deleting section 22.
Deletion of sections 24 and 25
26. The principal Act is amended by deleting sections 24 and 25.
Amendment of section 26
27. Section 26 of the principal Act is amended—
(a) by renumbering the existing section as subsection (1);
(b) in the renumbered subsection (1), by deleting the words
“whose decision shall be final and shall not be questioned in any court of law”; and
(c) by inserting after the renumbered subsection (1) the following subsections:
“(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.”.
Substitution of section 27
28. The principal Act is amended by substituting for section 27
the following section:
“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.
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(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
(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.”.
New section 27a
29. The principal Act is amended by inserting after section 27
the following section:
“Power to amend Schedules 27a. The Minister may, by order published in the Gazette, amend any of the Schedules.”.
Substitution of section 28
30. The principal Act is amended by substituting for section 28
the following section:
“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
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27
(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.”.
Deletion of section 29
31. The principal Act is amended by deleting section 29.
Substitution of section 30
32. The principal Act is amended by substituting for section 30
the following section:
“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 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.”.
Amendment of section 31
33. Section 31 of the principal Act is amended by substituting for the words “by or on behalf of the Public Prosecutor or by a police officer not below the rank of Inspector” the words “with the written consent of the Public Prosecutor”.
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Substitution of section 32
34. The principal Act is amended by substituting for section 32
the following section:
“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.
(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.
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29
(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.”.
Substitution of Schedule
35. The principal Act is amended by substituting for the Schedule the following Schedules:
“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
RM50
RM50
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Types of Fee
(1)
Total Fee
(2)
(2) Fee imposed on job seeker or non-citizen employee
(a) Registration Fees
(i) Fee imposed for registration of 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.
(ii) Fee imposed for registration of 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.
RM30 and below
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
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Second Schedule
[Sections 8, 9, 9a, 11, 13e, 13f, 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
”.
Savings and transitional
36. (1) Any licence issued, or approval or permission granted under the principal Act before the commencement of this Act shall continue in full force until the licence expires, is amended, suspended or revoked, or the approval or permission expires or is revoked under the principal Act, for which purpose only the principal Act shall continue to be in full force and effect.
(2) All rules and regulations, forms, directions and letters of authorisation made, issued or granted under the principal Act shall, to the extent that the rules and regulations, forms, directions and letters of authorisation are consistent with this Act, continue in force until such rules and regulations, forms, directions and letters of authorisation are revoked or amended.
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(3) Any investigation, trial or proceedings done, taken or commenced under the principal Act immediately before the coming into operation of this Act shall, on the coming into operation of this Act, be dealt with as if the principal Act had not been amended by this Act.
(4) Any private employment agency which, on the date of the coming into operation of this Act, is undertaking an activity to which this Act applies shall, within six months from the date of the coming into operation of this Act, apply for a licence under this Act.
DICETAK OLEH
PERCETAKAN NASIONAL MALAYSIA BERHAD,
KUALA LUMPUR
BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA