LAWS OF MALAYSIA
REPRINT
Act 353
EMPLOYMENT (RESTRICTION)
ACT 1968
Incorporating all amendments up to 1 January 2006
PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, MALAYSIA
UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968
IN COLLABORATION WITH
PERCETAKAN NASIONAL MALAYSIA BHD
2006
Laws of Malaysia
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ACT 353
EMPLOYMENT (RESTRICTION) ACT 1968
First enacted
.....................
1968 (Act No. 36 of
1968)
Revised
... ... ... ... ... ... ...
1988 (Act 353 w.e.f.
3 November 1988)
PREVIOUS REPRINT
First Reprint
...
...
...
...
... 2001
Employment (Restriction)
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LAWS OF MALAYSIA
Act 353
EMPLOYMENT (RESTRICTION) ACT 1968
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1.
Short title and application
2.
Interpretation
3.
Officers
PART II
RESTRICTIONS OF EMPLOYMENT OF PERSONS NOT
BEING CITIZENS OF MALAYSIA
4.
Application of Part II
5.
Restrictions of employment of non-citizens
6.
Application for employment permits and renewal of employment permits
7.
Issue and renewal of employment permits
8.
Particulars of new employment of non-citizens
9.
N o n - c i t i z e n s in employment or engaged in business before the
commencement of this Act
10.
Termination of employment of non-citizens
11.
Validity of employment permits
12.
Onus of truth of application
PART III
REGISTRATION
13.
Registration of non-citizens
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PART IV
GENERAL
Section
Power of entry and request for production of documents, etc.
14.
15.
Loss of employment permits
16.
False information
17.
Custody and surrender of employment permits
18.
Penalties
19.
Effect of contravention of section 10
20.
Exemption
21.
Regulations
SCHEDULE
Employment (Restriction)
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LAWS OF MALAYSIA
Act 353
EMPLOYMENT (RESTRICTION) ACT 1968
An Act to provide for the restriction of employment in certain
business activities in Malaysia of persons not being citizens and
the registration of such persons and for matters connected therewith.
[1 July 1969, P.U. (B) 141A/1969]
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:
PART I
PRELIMINARY
Short title and application
1. (1) This Act may be cited as the Employment (Restriction) Act
1968.
(2) This Act shall apply throughout Malaysia.
Interpretation
In this Act, unless the context otherwise requires--
2.
"appointed date" means the date of coming into force of this
Act;
" a u t h o r i z e d person" means a person authorized by the
Commissioner for the purposes of this Act;
"business" includes any form of trade, commerce, craftsmanship,
calling, profession or other activity carried on for the purpose of
gain;
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ACT 353
"Commissioner" means the Commissioner of Employment
appointed under subsection 3(1);
"employer" means any person who has entered into a contract
of service to employ any other person as an employee and includes
the agent, manager or factor of such first mentioned person and
the word "employ" with its grammatical variations and cognate
expressions, shall be construed accordingly;
"employment permit" means an employment permit issued under
section 7;
"Minister" means the Minister charged with the responsibility
for labour.
Officers
3. (1) For the due administration of this Act, there shall be appointed
by the Yang di-Pertuan Agong a Commissioner of Employment,
a Deputy Commissioner of Employment and such number of Assistant
Commissioners as may be deemed necessary.
(2) The Minister may appoint such number of employment officers
as he may consider necessary or expedient for the purposes of this
Act.
(3) An employment officer appointed under subsection (2) shall
be under the direction and control of the Commissioner.
PART II
RESTRICTIONS OF EMPLOYMENT OF PERSONS NOT
BEING CITIZENS OF MALAYSIA
Application of Part II
4. (1) This Part shall apply only to the class or classes of persons
or the category or categories of employment or business as may
be specified in the Schedule.
(2) The Yang di-Pertuan Agong may by order amend or add to
the Schedule.
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Restrictions of employment of non-citizens
5. (1) (a) No person not being a citizen referred to in the Schedule
shall be employed in any business in Malaysia or accept employment
in any business in Malaysia unless there has been issued in respect
of such person a valid employment permit.
(b) No person shall employ in Malaysia any person not being
a citizen referred to in the Schedule unless there has been issued
in respect of that latter person a valid employment permit.
(2) Subsection (1) shall have effect notwithstanding any other
written law or of any term or condition of any contract or agreement.
(3) For the purposes of this section any person found performing
any act normally performed by an employee in any place of
employment shall be deemed to have been employed under a
contract of service by the employer of that place of employment.
Application for employment permits and renewal of employment
permits
6. (1) Every person not being a citizen referred to in the Schedule
shall before commencing any employment or business described
in that Schedule apply for an employment permit to the Commissioner
and the application shall be in such form and shall contain such
particulars as may be prescribed.
(2) An employment permit may on the expiry of its period of
validity be renewed.
(3) Any person who desires to renew an employment permit
shall make an application to the Commissioner or any authorized
person in such form as may be prescribed.
Issue and renewal of employment permits
7. (1) Upon receipt of an application for an employment permit
or an application for renewal of an employment permit under
section 6, the Commissioner or any authorized person may in his
discretion issue an employment permit in such form as may be
prescribed or renew such employment permit and may impose
such terms, conditions and restrictions as he may think fit.
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(2) The Commissioner may at any time vary or add to any
terms, conditions or restrictions in an employment permit.
(3) The Commissioner may in his discretion at any time and
without assigning any reason refuse to issue or to renew an
employment permit or cancel or suspend an employment permit.
(4) Any person aggrieved by a decision of the Commissioner
under subsection (1), (2) or (3) may, within twenty-one days from
the date of such decision, appeal to the Minister whose decision
shall be final and shall not be subject to appeal or review in any
court.
Particulars of new employment of non-citizens
8.  An employer shall, before employing any person not being a
citizen referred to in the Schedule, furnish the Commissioner with
particulars of such employment and of such person in such form
as may be prescribed.
Non-citizens in employment or engaged in business before the
commencement of this Act
9. (1) Every person not being a citizen referred to in the Schedule
who on the appointed date is employed in any of the category or
categories of employment in any business described in that Schedule
shall, within thirty days of the appointed date or such later date
as the Minister may appoint, apply to the Commissioner for an
employment permit and the application shall be in such form and
shall contain such particulars as may be prescribed.
(2) Every person who on the appointed date is an employer of
an employee in any of the category or categories of employment
or business described in the Schedule shall, within thirty days of
the appointed date or such later date as the Minister may appoint,
furnish the Commissioner with particulars of persons not being
citizens in his employment and particulars of such employment in
such form as may be prescribed.
Termination of employment of non-citizens
10. (1) Notwithstanding any written law or of any term or condition
of any contract or agreement, an employer of an employee in any
Employment (Restriction)
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of the category or categories of employment or business described
in the Schedule shall terminate the services of that employee within
thirty days of his being notified in writing by the Commissioner--
(a) that an employment permit has been refused in respect
of that employee being a person in his employment on
the appointed date; or
(b) that the employment permit issued in respect of that
employee has been cancelled, suspended or not renewed
under subsection 7(3).
(2) Every employer referred to in subsection (1) who terminates
the services of an employee or ceases to employ such employee
pursuant to subsection (1) or for any other reasons whatsoever,
shall notify the Commissioner in writing within fourteen days of
such termination or cessation.
(3) The termination of the services of an employee pursuant to
subsection (1) shall not be--
(a) capable of negotiation by a trade union representing the
person affected; or
(b) the subject matter of a trade dispute or of conciliation
proceedings or any method of redress whether under any
written law or not.
Validity of employment permits
11. (1) Subject to subsections 7(2) and (3), an employment permit
issued under this Part shall unless otherwise specified be valid
only in respect of the particular employment and the employer
specified therein.
(2) An employment permit shall unless sooner cancelled or
suspended be valid for a period of not exceeding two years.
Onus of truth of application
12.  The onus of proving the truth of the contents of an application
for an employment permit under section 6 shall be on the person
who makes the application.
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PART III
REGISTRATION
Registration of non-citizens
13. (1) Subject to any exemption which may be granted under
this Act, every person not being a citizen of the class or classes
or in the category or categories of employment or business as may
be specified in the notification under subsection (2) shall be registered
under this section.
(2) The Yang di-Pertuan Agong may by notification in the Gazette
specify the class or classes of persons not being citizens or the
category or categories of employment or business, to whom or to
which subsection (1) shall apply.
(3) Subject to subsections (1) and (2) every person not being
a citizen shall apply for registration in the prescribed form to the
Commissioner.
(4) The Commissioner shall keep and maintain a register of
persons registered under this Part.
(5) The register to be kept and maintained by the Commissioner
under subsection (4) shall be in such form as may be prescribed.
PART IV
GENERAL
Power of entry and request for production of documents, etc.
14. (1) An employment officer may if he has reason to believe
that an offence under this Act has been or is being committed in
any premises other than premises solely used as a dwelling place
without warrant enter such premises.
(2) An employment officer may--
(a) require any person, whom he has reason to believe to be
in possession of any document or information relevant to
the carrying out of this Act, to produce any such document
or to give such information; or
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(b) question any person or require any person by notice in
writing to attend at such time and at such place as may
be stated in such notice in regard to any document or
information which, in the opinion of the employment
officer, is relevant to the carrying out of this Act, and
which he believes to be in such person's possession or
knowledge.
Loss of employment permits
15. (1) When an employment permit has been lost, destroyed or
defaced, a person in respect of whom the employment permit has
been issued shall forthwith report the same to the Commissioner
or any authorized person and shall apply for a replacement
employment permit.
(2) A replacement employment permit may be issued by the
Commissioner or authorized person in place of the employment
permit which has been lost, destroyed or defaced.
(3) Where a person aforesaid after notifying the loss of his
employment permit recovers possession of such employment permit
he shall forthwith notify the Commissioner or authorized person
of such recovery.
(4) Where any person aforesaid recovers possession of his
employment permit after he has been issued with a replacement
employment permit under subsection (2), he shall forthwith return
the employment permit so recovered for cancellation.
(5) Any person who finds or comes into possession of an
employment permit other than his own shall forthwith deliver it
to the Commissioner or any authorized person, or to the nearest
police station, or post office.
False information
16.  Any person who makes any statement or furnishes any
information to the Commissioner or any employment officer or
any authorized person under this Act or of any rules made thereunder
which he either knows or has reason to believe to be false in any
material particular or omits any particular which he either knows
or has reason to believe is a material particular shall be liable to
a fine not exceeding one thousand ringgit or to imprisonment for
a term not exceeding one year or both.
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ACT 353
Custody and surrender of employment permits
17. (1) An employment permit issued in respect of a person shall
not be transferable and shall be kept by him during the period of
its validity.
(2) When an employment permit has been cancelled or has
expired the person in respect of whom the employment permit was
issued shall forthwith surrender the employment permit to the
Commissioner or any authorized person.
Penalties
18. (1) Any person, who fails to comply with section 5 or 13 shall
be guilty of an offence and shall on conviction be liable to a fine
not exceeding five thousand ringgit or to imprisonment for a term
not exceeding one year or both.
(2) Any person who forges, alters or tampers with any employment
permit shall be guilty of an offence and shall on conviction be
liable to a fine not exceeding one thousand ringgit or to imprisonment
to a term not exceeding six months or both.
(3) Every omission or neglect to comply with, and every act
done or attempted to be done contrary to this Act or of any regulations
made thereunder, or any breach of the conditions and restrictions
subject to or upon which an employment permit is issued under
this Act, shall be an offence against this Act and the offender shall,
if no penalty is expressly provided, be liable on conviction to a
fine not exceeding one thousand ringgit or to imprisonment for a
term not exceeding six months or both and, in the case of a
continuing offence, to a further fine not exceeding one hundred
ringgit a day:
Provided that no person shall be convicted under this section by
reason only of the failure to comply with paragraph 14(2)(a) if
within forty-eight hours after being so required he produces or
gives the document or information in his possession.
Effect of contravention of section 10
19.  Where in respect of the employment of a person not being
a citizen there has been a contravention of section 10, such person
shall not by reason only of such a contravention be deemed to be
employed under an illegal contract of employment.
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13
Exemption
20. (1) This Act shall not apply to--
(a) members of any Visiting Force within the meaning of
any law for the time being in force regulating Visiting
Forces present in Malaysia.
(b) persons duly accredited as diplomatic or consular
representatives to Malaysia.
(c) persons upon whom the immunities and privileges referred
to in Part II or Part III of the First Schedule to the
*Diplomatic and Consular Privileges Ordinance 1957
[Ord. 53 of 1957] have been conferred under that Ordinance;
(d) private servants or other employees of persons referred
to in paragraphs (a), (b) and (c) being employees recruited
for such employment from the country of the Visiting
Force or the country which the person referred to in
paragraph (b) or (c) represents in Malaysia.
(e) officers of any international organisation declared by the
Yang di-Pertuan Agong under section 4 of the Diplomatic
and Consular Privileges Ordinance 1957;
(f) persons whose presence in Malaysia is sponsored by the
Government.
(2) The Yang di-Pertuan Agong may by Order exempt any person
or class of persons from any or all of the provisions of this Act.
Regulations
21.  The Minister may make regulations generally for the carrying
out of this Act, and such regulations may--
(a) prescribe such fees or charges as may be necessary for
the purposes of this Act;
(b) prescribe the forms of register, applications and permits
or other forms to be kept, used or issued;
(c) provide for the procedure of replacement of lost or mutilated
employment permits;
(d) provide for the manner in which and the places at which
application for employment permits shall be made;
*NOTE--The Diplomatic and Consular Privileges Ordinance 1957 [Ord. 53 of 1957] has since
been repealed by the Diplomatic Privileges (Vienna Convention) (Amendment) Act 1999
[Act A1064]see section 5 of Act A1064.
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ACT 353
(e) provide for the information and documents to be furnished
for the purposes of applications for employment permits;
(f) provide for the inspection and production of employment
permits;
(g) provide for the taking and recording of photographs of
persons applying for employment permits;
(h) provide for the making of corrections and alterations in
the register and employment permits;
(i) require the submission of any return by any person relating
to the employment of persons not being citizens to whom
the provisions of Part II have been applied in such form
as may be prescribed;
(j) prescribe any act or omission in contravention of any
such regulation shall be an offence;
(k) provide generally for the purpose of giving effect to this
Act.
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SCHEDULE
[Section 4]
CLASS OR CLASSES OF PERSONS AND CATEGORY OR
CATEGORIES OF EMPLOYMENT
Every person not being a citizen employed in any business, industry or undertaking
whatsoever including any Department of the Federal Government or State
Government, any local authority and any statutory body.
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ACT 353
LAWS OF MALAYSIA
Act 353
EMPLOYMENT (RESTRICTION) ACT 1968
LIST OF AMENDMENTS
Amending law
Short title
In force from
P.U. (A) 67/1972
Employment (Restriction)
10-03-1972
(Schedule) (Order) 1972
Act A117
Employment (Restriction)
04-04-1972
(Amendment) Act 1972
Employment (Restriction)
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LAWS OF MALAYSIA
Act 353
EMPLOYMENT (RESTRICTION) ACT 1968
LIST OF SECTIONS AMENDED
Section
Amending authority
In force from
3
Act A117
04-04-1972
5
Act A117
04-04-1972
9
Act A117
04-04-1972
11
Act A117
04-04-1972
SCHEDULE
P.U. (A) 67/1972
10-03-1972
DICETAK OLEH
PERCETAKAN NASIONAL MALAYSIA BERHAD,
KUALA LUMPUR
BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA