EMPLOYMENT (RESTRICTION) ACT 1968

This Act shall apply throughout Malaysia.

Interpretation

The Minister may appoint such number of employment officers as he may consider necessary or expedient for the purposes of this

Act.

An employment officer appointed under subsection (2) shall be under the direction and control of the Commissioner.

The Yang di-Pertuan Agong may by order amend or add to the Schedule.

Employment (Restriction)

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Restrictions of employment of non-citizens

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.

Subsection (1) shall have effect notwithstanding any other written law or of any term or condition of any contract or agreement.

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

An employment permit may on the expiry of its period of validity be renewed.

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

The Commissioner may at any time vary or add to any terms, conditions or restrictions in an employment permit.

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.

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

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

that an employment permit has been refused in respect of that employee being a person in his employment on the appointed date; or

that the employment permit issued in respect of that employee has been cancelled, suspended or not renewed under subsection 7(3).

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.

The termination of the services of an employee pursuant to subsection (1) shall not be—

An employment permit shall unless sooner cancelled or suspended be valid for a period of not exceeding two years.

Onus of truth of application

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.

Subject to subsections (1) and (2) every person not being a citizen shall apply for registration in the prescribed form to the

Commissioner.

The Commissioner shall keep and maintain a register of persons registered under this Part.

The register to be kept and maintained by the Commissioner under subsection (4) shall be in such form as may be prescribed.

An employment officer may—

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.

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.

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.

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

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

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.

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

members of any Visiting Force within the meaning of any law for the time being in force regulating Visiting

Forces present in Malaysia.

persons duly accredited as diplomatic or consular representatives to Malaysia.

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;

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.

officers of any international organisation declared by the

Yang di-Pertuan Agong under section 4 of the Diplomatic and Consular Privileges Ordinance 1957;

persons whose presence in Malaysia is sponsored by the

Government.

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

prescribe such fees or charges as may be necessary for the purposes of this Act;

prescribe the forms of register, applications and permits or other forms to be kept, used or issued;

provide for the procedure of replacement of lost or mutilated employment permits;

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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provide for the information and documents to be furnished for the purposes of applications for employment permits;

provide for the inspection and production of employment permits;

provide for the taking and recording of photographs of persons applying for employment permits;

provide for the making of corrections and alterations in the register and employment permits;

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;

prescribe any act or omission in contravention of any such regulation shall be an offence;

provide generally for the purpose of giving effect to this

Act.

Employment (Restriction)