Private Employment Agencies
1
LAWS OF MALAYSIA
REPRINT
Act 246
PRIVATE EMPLOYMENT
AGENCIES ACT 1981
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
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PRIVATE EMPLOYMENT AGENCIES
ACT 1981
Date of Royal Assent
... ... ... ... ...
12 February 1981
Date of publication in the Gazette ... ...
19 February 1981
PREVIOUS REPRINT
First Reprint
...
...
...
...
...
2001
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LAWS OF MALAYSIA
Act 246
PRIVATE EMPLOYMENT AGENCIES ACT 1981
ARRANGEMENT OF SECTIONS
Section
1.
Short title
2.
Application and exemption
3.
Interpretation
4.
Appointment of officers
5.
All officers to be public servants
6.
Protection of public servants
7.
Necessity to obtain a licence
8.
Application for a licence
9.
Conditions to be fulfilled for the grant of a licence
10.
Form and duration of licence
11.
Renewal of licence
12.
Place of business to be as stated in licence
13.
Display of licence
14.
Fees for services
15.
Placement injurious to the public interest
16.
Endorsement for overseas recruitment
17.
Restriction on registration or recruitment
18.
Advertisement
19.
Maintenance of records
20.
Returns
21.
Power to enter and inspect premises
22.
Private employment agency deemed to be a public place
23.
Power to issue directions
24.
Disposal of bond
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Section
25.
Cancellation of licence
26.
Appeal
27.
Regulations
28.
Offences
29.
Miscellaneous offences
30.
Offences by bodies of persons
31.
Prosecution
32.
Penalty
SCHEDULE
Private Employment Agencies
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LAWS OF MALAYSIA
Act 246
PRIVATE EMPLOYMENT AGENCIES ACT 1981
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 and exemption
2. (1) This Act shall apply throughout Malaysia.
(2) The Minister may by order publish in the Gazette and subject
to such conditions as he may impose, exempt from the whole or
any part of this Act any area, occupation, organization or class of
persons.
Interpretation
3. In this Act, unless the context otherwise requires--
"advertisement" shall include any notice, circular, pamphlet or
any document and any announcement made orally or by any means
of producing or transmitting light or sound;
"Director General" means the Director General of Labour;
"employer" means any person who engages a worker and includes
the agent, manager or factor of such employer;
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"fee" means payment in whatever form for services rendered;
"licence" means licence issued under this Act;
"mass media" means any medium used by private employment
agencies to advertise;
"Minister" means the Minister charged with responsibility for
labour and manpower;
"prescribed" means prescribed by the Minister;
"private employment agency" means--
(a) an employment agency conducted with a view to profit,
that is to say, any person, company, institution, agency
or other organization which acts as intermediary for the
purpose of procuring employment for a worker or supplying
a worker for an employer with a view to deriving either
directly or indirectly any pecuniary or other material
advantage from either employer or worker; the expression
does not include newspapers or other publications unless
they are published wholly or mainly for the purpose of
acting as intermediaries between employers and workers;
(b) an employment agency not conducted with a view to
profit, that is to say, the placing services of any company,
institution, agency or other organization which, though
not conducted with a view to derive any pecuniary or
other material advantage, levies from either employer or
worker from the above service an entrance fee, a periodical
contribution or any other charge;
"worker" means any person who works for hire or reward, whether
as apprentice or not, and includes any person seeking such work.
Appointment of officers
4. (1) The Minister may appoint a Director General and such
other officers as he considers necessary for the purposes of carrying
out this Act.
(2) Subject to such limitations, if any, as may be prescribed by
regulations made under this Act, any officer appointed under
subsection (1) shall perform all the duties imposed and may exercise
all the powers conferred upon the Director General by this Act and
Private Employment Agencies
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every duty so performed and power so exercised shall be deemed
to have been duly performed and exercised for the purposes of this
Act.
All officers to be public servants
5. All officers appointed under section 4 shall be deemed to be
public servants for the purposes of the Penal Code [Act 574].
Protection of public servants
6. No suit shall lie against any public servant for anything done
or omitted to be done by him in good faith without negligence and
in intended exercise of any power or performance of any duty
provided or imposed by this Act.
Necessity to obtain a licence
7. (1) No person shall carry on the business of a private employment
agency except under the authority of a valid licence issued by the
Director General:
Provided, however, that it shall not be a contravention of the
provisions of this section if a person who has commenced to carry
on the business of a private employment agency before the appointed
date and who has applied for a licence under this Act within the
time allowed by subsection 8(2) continues to carry on such business
until the determination of his application for the licence.
(2) The authority of a licence issued under this Act does not
absolve any person from complying with the provisions of any
other written law for the time being in force.
Application for a licence
8. (1) Every application for a licence shall be in the prescribed
form and shall be accompanied with the licence fee as specified
in the Schedule.
(2) Every person carrying on the business of a private employment
agency on the appointed date shall apply to the Director General
for a licence within one month after that date.
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Conditions to be fulfilled for the grant of a licence
9. No licence to carry on the business of a private employment
agency shall be granted unless--
(a) where such business is to be carried on by an individual,
he is a citizen of Malaysia;
(b) where such business is to be carried on by a partnership,
the partners are citizens of Malaysia;
(c) where such business is to be carried on by a company,
the majority of the shares in the capital of the company
are held by citizens of Malaysia;
(d) the person in-charge of and every employee or agent
whose duties are connected with such business--
(i) is a person of good character;
(ii) is not an undischarged bankrupt; and
(iii) has not been convicted of an offence and sentenced
to more than one year imprisonment or a fine of
more than two thousand ringgit;
(e) there are suitable premises for carrying on such business;
(f) such individual who, or the partnership or company which,
is to carry on such business undertakes that such business
will be carried on in a morally and irreproachable manner;
(g) such individual, firm or company enters into a bond with
the Director General, with two sureties, in such sum as
may be prescribed by the Minister in the Schedule. The
Minister may prescribe separate sum for employment
within Malaysia and for employment abroad and may at
any time vary the bond prescribed in the Schedule; and
(h) such other conditions as may be prescribed for the purposes
of this section are fulfilled.
Form and duration of licence
10. Every licence shall be in the prescribed form and unless it is
cancelled earlier, shall be in force for a period of twelve months
from the date of its issue.
Private Employment Agencies
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Renewal of licence
11. Application for renewal of licence shall be submitted at least
two months before the expiry date and shall be in such form and
manner as may be prescribed by the Minister.
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. A licenced private employment agency shall display its licence
in a conspicuous place in the premises where the business is
carried on.
Fees for services
14. (1) No private employment agency shall charge for any service
rendered a fee other than or in excess of that prescribed in the
Schedule and for every fee received a receipt shall be issued.
(2) The Minister may by order publish in the Gazette, amend
the fees prescribed in the Schedule.
Placement injurious to the public interest
15. No private employment agency shall place or seek to place
any person in any occupation injurious to the public interest or
knowingly sends, directs or takes any person to any place for
immoral purposes.
Endorsement for overseas recruitment
16. (1) A licence issued under subsection 7(1) may be endorsed
by the Director General for purposes of recruiting persons residing
in Malaysia for overseas employment provided that a bond as
prescribed in the Schedule is placed with the Director General.
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(2) An endorsement shall be valid for the same duration as the
original licence.
(3) Prior to registering or recruiting any person residing in
Malaysia for overseas employment, a private employment agency
shall furnish the Director General with the following:
(a) the name and address of the prospective employer;
(b) satisfactory evidence of specific requirement for workers
by an overseas employer or employers;
(c) the category or categories of employment and the number
of workers required in respect of each category;
(d) the terms and conditions of employment to be offered;
(e) proposed employment agreement to be signed by the
prospective worker and employer; and
(f) any other information as may be required by the Director
General.
(4) The Director General may give directives and impose
conditions as he deems fit bearing in mind the prevailing local and
international labour market situations.
Restriction on registration or recruitment
17. The Minister may by order publish in the Gazette, prescribe
that a private employment agency may not register the particular
c a t e g o r y of employment including employment for overseas
recruitment.
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 vacancies, qualifications
thereof and terms and conditions of employment.
(2) Any private employment agency in breach of subsection (1)
shall be guilty of an offence under this Act.
Private Employment Agencies
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Maintenance of records
19. Every private employment agency shall maintain--
(a) records of registration showing the names, addresses,
identity card numbers and qualifications of the workers;
(b) records of vacancies and all aspects relating to the vacancies,
that is, the number of vacancies, the qualifications of
candidates required, the names and addresses of the
e m p l o y e r s notifying the vacancies, the places of
employment where the vacancies occur and the terms
and conditions of employment;
(c) records of placement of workers;
(d) records of fees collected; and
(e) any other records as may be required by the Director
General from time to time.
Returns
20. The Director General may at any time by written direction
require a private employment agency to send him in the manner
and within the period specified in such direction--
(a) a return pertaining to any or all records required to be
maintained under section 19;
(b) a notification of changes in any person in-charge of or
employed by or is an agent of the agency;
(c) a return of registrations and placements of persons for
employment overseas;
(d) a return containing any other particulars as he may require
in relation to the business of the agency; and
(e) such written information or written explanation as he
may require in respect of any particulars stated in any
return sent by such agency.
Power to enter and inspect premises
21. (1) The Director General or any officer duly authorized in
writing by the Director General shall have power to enter at any
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reasonable time any premises reasonably suspected of being used
for the purposes of an employment agency without a licence or
where he has reasonable grounds for believing that the business
of a private employment agency is in contravention with this Act
and shall inspect such premises to make any inquiry which he
considers necessary in relation to any matter within the provisions
of this Act.
(2) I n the course of an inspection under this section the
Director General may--
(a) put questions concerning the business of the private
employment agency to the person in-charge of such agency
and to any other person whose evidence he may consider
necessary, and all such persons shall be legally bound to
answer such questions truthfully to the best of their ability;
(b) require the person in-charge of the agency to produce
before him all or any of the records required to be kept
under this Act;
(c) seize or take copies of any record produced before him
under paragraph (b); and
(d) seize any other record or document in the premises of
such agency or in the possession of any person found in
such premises where the Director General believes that
an offence under this Act has been committed.
(3) A person may refuse to comply with any demand or order
by an authorized officer acting or purporting to act under this Act
if the officer refuses on demand to declare his identity or certificate
of authority, as the case may be.
(4) Any person who obstructs or interferes the Director General
or any officer duly authorized in writing by the Director General
in the exercise of any power or performance of any duty conferred
under this Act shall be guilty of an offence.
Private employment agency deemed to be a public place
22. For the purposes of section 21 of the Minor Offences Act
1955 [Act 336], every private employment agency shall be deemed
to be a public place.
Private Employment Agencies
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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.
Disposal of bond
24. The Director General shall have discretion in the disposal of
the bond placed under paragraph 9(g) for the satisfaction of claims
which might arise in connection with such business.
Cancellation of licence
25. (1) The Director General may cancel any licence if he is
satisfied that the licensee--
(i) has contravened any of the provisions of this Act or of
a n y regulation made thereunder or of any bond or
undertaking entered into by the licensee under this Act;
or
(ii) has been convicted of an offence under this Act; or
(iii) has not complied with any direction issued by the Director
General to the licensee under this Act; or
(iv) has furnished in any application, or in any return, or in
any written information or written explanation, sent by
the licensee under this Act, any particulars which to the
knowledge of the licensee are false or incorrect:
Provided that the Director General shall give the licensee not
less than two week's notice of such intended cancellation, stating
the grounds thereof and the licensee may show cause as to why
such cancellation should not be done.
(2) Where an application for the renewal of a licence is refused
or a licence has been cancelled and no appeal against the refusal
or cancellation is made, the licensee shall forthwith surrender the
licence to the Director General and if he fails so to do he shall
be guilty of an offence under this Act.
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Appeal
26. 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 whose decision shall be
final and shall not be questioned in any court of law.
Regulations
27. T h e Minister may by notification in the Gazette make
regulations--
(a) in respect of all matters authorized by this Act to be
prescribed; and
(b) for the purpose of carrying out or giving effect to the
principles and provisions of this Act.
Offences
28. Every person who--
(a) contravenes any of the provisions of this Act or of any
regulation made thereunder; or
(b) furnishes any return, written information or written
explanation containing any particulars which to his
knowledge are false or incorrect,
shall be guilty of an offence under this Act.
Miscellaneous offences
29. Any licensee who--
(a) charges or receives himself or through another person,
for his services, any sum greater than the prescribed fee;
or
(b) knowingly and voluntarily deceives any worker by giving
false information,
shall be guilty of an offence under this Act.
Private Employment Agencies
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Offences by bodies of persons
30. Where an offence under this Act is committed by a body of
persons, then--
(a) if that body is a body corporate, every director of that
body corporate shall be deemed to be guilty of an offence;
and
(b) if that body is a partnership, every partner shall be deemed
to be guilty of an offence:
Provided, however, that no such director or partner shall be
deemed to be guilty of an offence under this Act if he proves that
the offence was committed without his knowledge and that he had
exercised all due diligence to prevent the commission of that
offence.
Prosecution
31. Proceedings for offences against this Act or against any
regulation made thereunder shall not be instituted or conducted
except by or on behalf of the Public Prosecutor or by a police
officer not below the rank of Inspector.
Penalty
32. (1) Any person who is guilty of an offence under section 7
shall, on conviction, be liable to a fine not exceeding five thousand
ringgit or to imprisonment for a period not exceeding three years
or to both.
(2) Any person who is guilty of an offence under section 15
shall, on conviction, be liable to a fine not exceeding four thousand
ringgit or to imprisonment for a period not exceeding two years
or to both.
(3) Any person who is guilty of an offence under section 18
shall, on conviction, be liable to a fine not exceeding three thousand
ringgit or to imprisonment for a period not exceeding one year or
to both.
(4) Any person who is guilty of any offence under this Act
shall, on conviction, where no other specific penalty is provided
under this Act, be liable to a fine not exceeding two thousand
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ringgit or to imprisonment for a period not exceeding six months
or to both.
SCHEDULE
(i) Licence Fee
RM25
(ii) Bond
(i) Local Employment
Cash Bond
RM1,000
Surety Bond
RM5,000
(ii) Overseas Employment
Cash Bond
RM5,000
Surety Bond
RM10,000
(iii) Registration Fees
(i) Fee charged for registration of all
Not more than RM12
categories of local employment, the
registration to be valid for multiple
employment and for a period of 12
months
(ii) Fee charged for registration of all
Not more than RM20
categories of overseas employment,
the registration to be valid for multiple
employment
(iv) Placement Fees
(i) Fee charged for local placement
Not more than 20% of
initial month's pay
(ii) Fee charged for overseas placement
Not more than 25% of
initial month's pay
Provided where employers have already paid the agency for the services
rendered, the worker shall not be charged on placement.
Private Employment Agencies
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LAWS OF MALAYSIA
Act 246
PRIVATE EMPLOYMENT AGENCIES ACT 1981
LIST OF AMENDMENTS
Amending law
Short title
In force from
P.U. (A) 213/1981
Private Employment Agencies
24-07-1981
(Amendment) Order 1981
Act 1246
Private Employment Agencies
05-09-2005
(Amendment) Act 2005
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ACT 246
Laws of Malaysia
LAWS OF MALAYSIA
Act 246
PRIVATE EMPLOYMENT AGENCIES ACT 1981
LIST OF SECTIONS AMENDED
Section
Amending authority
In force from
3
Act A1246
05-09-2005
4
Act A1246
05-09-2005
Schedule
P.U. (A) 213/1981
24-07-1981
DICETAK OLEH
PERCETAKAN NASIONAL MALAYSIA BERHAD,
KUALA LUMPUR
BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA