Section 16
New sections 13a, 13b, 13c, 13d, 13e, 13f and 13g
of Private Employment Agencies (Amendment) Act 2017
The principal Act is amended by inserting after section 13
the following sections:
“Replacement of licence 13a. (1) If the licence of a private employment agency is lost, destroyed or damaged, the private employment agency shall apply for a copy of the licence from the Director General in such form and manner as determined by the Director
General.
(2)
The application under subsection (1) shall be accompanied by the processing fee for replacing the licence as specified in the First Schedule.
(3)
Any private employment agency which contravenes subsection (1) or (2) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit.
Assignment or transfer of licence 13b. (1) A private employment agency shall not assign or transfer any licence granted under this Act to any person unless with the prior written approval of the Director General.
(2)
Any private employment agency which 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 two years or to both.
Rent or lease of licence 13c. (1) A private employment agency shall not rent out or lease any licence granted under this Act to any person.
(2)
Any private employment agency which 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 two years or to both.
Identification document 13d. (1) A private employment agency which has been granted a licence under section 9a shall apply to the Director General, in such form and manner as determined by the Director
General, for an identification document of its employees who carry out recruiting activities.
(2)
The private employment agency shall give the identification document to its employees who carry out recruiting activities.
(3)
The Director General may impose any condition for the purpose of granting an identification document to the private employment agency.
(4)
Any private employment agency which contravenes subsection (1) or (2) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit.
Private Employment Agencies (Amendment)
(5)
Any employee of a private employment agency who fails to produce an identification document when required while carrying out any recruiting activity commits an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit.
(6)
If an identification document is lost, destroyed or damaged, the private employment agency shall apply for a replacement of the identification document to the Director
General and the application shall be accompanied by the processing fee as specified in the First Schedule.
(7)
Any private employment agency which contravenes subsection (6) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit.
Establishment of branch 13e. (1) A private employment agency which intends to establish a branch shall make an application to the Director
General for a licence to carry out recruiting activities in the branch.
(2)
The conditions as specified under section 9 shall apply for the application of licence under this section.
(3)
Every application of licence for establishment of the branch shall be made to the Director General in such form and manner as determined by the Director General and shall be accompanied by the processing fee as specified in the
First Schedule.
(4)
The Director General shall issue the applicant a written notice of his decision whether to grant or refuse to grant a licence under subsection (1).
(5)
If the application under subsection (1) is approved, the applicant shall, within thirty days from the date of the notice under subsection (4), pay the licence fee as specified in the First Schedule and deposit the money guarantee as specified in the Second Schedule.
(6)
If the applicant fails to pay the licence fee and money guarantee within thirty days as specified under subsection (5), the Director General may refuse to grant the licence without prejudice to a fresh application being made by the applicant.
(7)
Any private employment agency which contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit or to imprisonment for three years or to both.
Application for changing category of licence 13f. (1) A private employment agency may apply to the
Director General to change its category of licence in accordance with the categories of licences as specified in the Second
Schedule in such form and manner as determined by the
Director General and the application shall be accompanied by the processing fee as specified in the First Schedule.
(2)
The Director General may, after considering the application made under subsection (1), approve or refuse the application.
(3)
If the Director General approves such application under subsection (2), the Director General shall issue a written notice to the applicant, and within a period of thirty days from the date of a written notice, the applicant shall pay the licence fee as specified in the First Schedule and deposit the money guarantee as specified in the Second Schedule.
(4)
If the applicant fails to pay the licence fee and money guarantee within thirty days as specified under subsection (3), the Director General may refuse to grant the licence without prejudice to a fresh application being made by the applicant.
(5)
If the Director General refuses the application under subsection (2), the Director General shall notify the applicant by a written notice of his decision.
Private Employment Agencies (Amendment)
19
Notice of cessation of operation 13g. (1) A private employment agency which intends to cease operation at any time before the date of the expiry of the licence or does not intend to renew the licence shall, within the period of at least sixty days from the date of cessation of operation—
(a)
submit a written notice to the Director General;
(b)
advertise the notice of cessation of operation once in at least one daily national language newspaper nationwide;
(c)
display the notice of cessation of operation in an appropriate and conspicuous area of the premises of the private employment agency until the last date of the operation; and
(d)
publish the notice of cessation of operation on its website continuously until the date of cessation, if any.
(2)
Any private employment agency which 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 period not exceeding two years or to both.”.