Malaysia legislation
Section 24
Section 24
The principal Act is amended by substituting for section 60k the following section:
“Employment of foreign employee 60k. (1) No employer shall employ a foreign employee unless prior approval has been obtained from the Director General.
(2)
An application for the approval under subsection (1)
shall be made in the form and manner as may be determined by the Director General.
(3)
Upon approval of the Director General under this section, an employer shall, within fourteen days from the date of the employment of a foreign employee, furnish the Director General with the particulars relating to the foreign employee in such manner as the Director General may direct.
(4)
The Director General may, subject to any written law, approve an application under this section if the employer complies with the following conditions:
(a)
the employer satisfies the Director General that on the date on which he makes the application—
(i)
he has no outstanding matter relating to any decision, order or directive issued under this Act; or
(ii)
he has no outstanding matter or case relating to any conviction for any offence under this Act, the Employees’ Social
Security Act 1969 [Act 4], the Employees’
Minimum Standards of Housing,
Accommodations and Amenities Act 1990
[Act 446] or the National Wages Consultative
Council Act 2011 [Act 732]; or
(b)
the employer has not been convicted of any offence under any written law in relation to anti-trafficking in persons and forced labour.
Employment (Amendment)
(5)
An employer who 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 five years or to both.”.
New section 60ka