Malaysia legislation
Section 50
Section 50
New section 119f
The Ordinance is amended by inserting after section 119e the following section:
“Revocation of Licence
To Employ
Non-Resident
Employee.
Quoted provision
Section 119f
(a)
has contravened or failed to comply with any of the provisions of this Ordinance or any subsidiary legislation made under this Ordinance;
(b)
has failed to comply with any conditions prescribed in respect of the licence issued under subsection (2)
of section 119 and paragraph (n) of subsection (2) of section 130o;
(c)
has been wound up or dissolved under the provisions of the
Companies Act 2016 [Act 777];
(d)
has ceased operating his business;
Labour Ordinance of Sarawak (Amendment)
(e)
has terminated all the non-resident employees referred to in the Licence
To Employ Non-Resident Employee;
(f)
has been convicted of an offence under—
(i)
this Ordinance or the subsidiary legislation made thereunder;
(ii)
any written law relating to labour or social security;
(iii)
any written law relating to internal security;
(iv)
any written law in relation to anti-trafficking in persons or forced labour; or
(v)
any written law for the time being in force relating to immigration;
(g)
has failed to comply with any written directions issued by the Director under this Ordinance; or
(h)
has induced the granting of the licence by a false representation of fact.
(2)
The Director shall not revoke a Licence To Employ Non-Resident Employee unless, after giving the employer a written notice specifying an opportunity to make any representation, reason or explanation in writing as to why the Licence To Employ
Non-Resident Employee should not be revoked within the period specified in such written notice, he is satisfied with the representation, reason or explanation given in writing by the employer.
(3)
After the expiry of the period specified in the written notice under subsection (2)
or after considering the representation, reason or explanation made under subsection (2), the Director shall decide whether or not to revoke the Licence To Employ Non-Resident
Employee.
(4)
The Director shall inform the employer of his decision under subsection (3) by a notice in writing.
(5)
Where a Licence To Employ
Non-Resident Employee is revoked, the revocation shall be effective within thirty days after the notice under subsection (4)
is communicated to the employer and the employer shall within fourteen days from the date of communication of the licence return the licence to the Director.
(6)
Notwithstanding subsection (5), if the Director is satisfied that the period specified in subsection (5) is not reasonably practicable, he may, on the application of the employer, extend the time for such revocation to take effect as he thinks fit.”.
New Chapter XIVb