Malaysia legislation

Section 20

of PEMBANGUNAN SUMBER MANUSIA BERHAD ACT 2001

Section 20

Qualifying conditions

(2)

Subject to section 19, any subsidiary company of a registered employer which is liable to be registered under this Act but has not yet commenced its business operation shall be eligible to receive any financial assistance or other benefit provided under this Act for the purpose of promoting the training and development of his employees, apprentices and trainees.

(3)

If the employer ceases to be an employer under this Act, the employer shall not be eligible to receive any financial assistance or other benefit provided under this Act.

(4)

Where an employer has acquired the interests of another employer registered under subsection 13(1) or 15(1), the first-mentioned employer shall be substituted for that other employer and shall be eligible to receive or continue to receive any financial assistance or other benefit provided under this Act, as the case may be, in respect of the employees, apprentices and trainees of the employer whose interests have been acquired.

(5)

Any employer who is in receipt of, or eligible to receive, any financial assistance or other benefit provided under this Act shall be disqualified from receiving such financial assistance or other benefit if he is in default of any payment of the levy and such disqualification shall remain until such time that all outstanding payments and interest on such payments have been fully paid up.

(6)

Notwithstanding subsection (5), the Chief Executive shall have the discretionary power to allow financial assistance or other benefit in relation to any claim made by any training provider for any training conducted by the training provider for the employer mentioned in subsection (5) if the amount outstanding is in respect of the interest on the levy only.

(6a)

Notwithstanding subsections (5) and (6), the Board may, upon a written application to the Corporation by any employer mentioned in subsection (5), allow any financial assistance or other benefit to be given to the employer, subject to such terms and conditions as may be determined by the Board.

Act 612

(7)

Any training provider shall be eligible to receive any financial assistance or other benefit provided under this Act for the purpose of promoting the development of human resources upon such terms and conditions as the Corporation shall determine.

(8)

Any employers’ association which in the opinion of the

Corporation may contribute to the development of human resources of its members shall be eligible to receive any financial assistance or other benefit provided under this Act for the purpose of promoting the development of human resources upon such terms and conditions as the Corporation shall determine.

Duty of employer to prepare and keep information