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Section 3

Section 3 of the principal Act is amended—

of Private Employment Agencies (Amendment) Act 2017

Amendment ActIn forceProvision 3 of 36
Section 3

(a)

by substituting for the definition of “private employment agency” the following definition:

‘ “private employment agency” means a body corporate which is incorporated under the Companies

Act 2016 [Act 777] and is granted a licence under this Act to carry on recruiting activity;’;

(b)

in the definition of “prescribed”, by inserting after the word “Minister” the words “by regulations made under this Act”;

(c)

by substituting for the definition of “fee” the following definition:

‘ “fee” means the fee as specified in the First

Schedule;’;

(d)

in the definition of “advertisement”, by substituting for the words “or any document and any announcement made orally or by any means of producing or transmitting light or sound” the words “, invitation or information which has been disseminated, published or displayed in relation to recruiting activities by any means or form including oral or written communication by means of print, electronic or any other media”;

(e)

by substituting for the definition of “Director General”

the following definition:

‘ “Director General” means—

(a)

in respect of Peninsular Malaysia, the

Director General of Labour appointed under subsection 3(1) of the Employment Act 1955

[Act 265];

Private Employment Agencies (Amendment)

(b)

in respect of Sabah, the Director of Labour appointed under subsection 3(1) of the Labour

Ordinance [Sabah Cap. 67]; or

(c)

in respect of Sarawak, the Director of Labour appointed under subsection 3(1) of the Labour

Ordinance [Sarawak Cap. 76];’;

(f)

by substituting for the definition of “licence” the following definition:

‘ “licence” means a licence granted under section 9a;’;

(g)

by substituting for the definition of “employer” the following definition:

‘ “employer” means any person who engages a private employment agency to recruit an employee for himself;’;

(h)

in the definition of “Minister”, by substituting for the words

“labour and manpower” the words “human resources”;

(i)

by inserting after the definition of “private employment agency” the following definition:

‘ “recruiting” means activities which have been carried on by any person, including advertising activities, as intermediaries between an employer and a job seeker to—

(a)

offer to look for an employment, offer an employment or obtain an employment, for a job seeker; or

(b)

offer to look for an employee, offer an employee or obtain an employee, for an employer.’;

(j)

by inserting before the definition of “licence” the following definition:

‘ “labour officer” means the officer appointed under subsection 3(2) of the Employment Act 1955, subsection 3(1a) of the Labour Ordinance [Sabah Cap. 67]

or subsection 3(1a) of the Labour Ordinance

[Sarawak Cap. 76], as the case may be;’;

(k)

by deleting the definition of “worker”;

(l)

by inserting after the definition of “fee” the following definition:

‘ “job seeker” means a person who is registered with a private employment agency for the purpose of looking for an employment or is offered an employment or has accepted an offer of employment, but not including a non-citizen;’;

(m)

by deleting the definition of “mass media”; and

(n)

by inserting after the definition of “Minister”, the following definition:

‘ “money guarantee” means a guarantee in the form of cash or financial guarantee issued by a licensed bank under the Financial Services Act 2013 [Act 758]

or a licensed Islamic bank under the Islamic Financial

Services Act 2013 [Act 759] but not including a licensed international Islamic bank, which is deposited pursuant to section 14c;’.