Application of Part II
(1) This Part shall apply only to the class or classes of persons or the category or categories of employment or business as may be specified in the Schedule. (2) The Yang di-Pertuan Agong may by order amend or add to the Schedule.
Restrictions of employment of non-citizens
(1)(a) No non-citizen referred to in the Schedule shall be employed in any business in Malaysia or accept employment in any business in Malaysia unless there has been issued in respect of such non-citizen a valid employment permit. (b) No person shall employ in Malaysia any non-citizen referred to in the Schedule unless there has been issued in respect of that non-citizen a valid employment permit. (2) Subsection (1) shall have effect notwithstanding any other written law or any term or condition of any contract or agreement. (3) For the purposes of this section, any person found performing any act normally performed by an employee in any place of employment shall be deemed to have been employed under a contract of service by the employer of that place of employment.
Application for employment permits and renewal of employment permits
(1) Every non-citizen referred to in the Schedule shall before commencing any employment or business described in that Schedule apply for an employment permit to the Director General and the application shall be in such form and shall contain such particulars as may be prescribed. (2) An employment permit may on the expiry of its period of validity be renewed. (3) Any person who desires to renew an employment permit shall make an application to the Director General or any authorized person in such form as may be prescribed.
Issuance and renewal of employment permits
(1) Upon receipt of an application for an employment permit or an application for renewal of an employment permit under section 6, the Director General or any authorized person may in his discretion issue an employment permit in such form as may be prescribed or renew such employment permit and may impose such terms, conditions and restrictions as he may think fit. (2) The Director General may at any time vary or add to any terms, conditions or restrictions in an employment permit. (3) The Director General may in his discretion at any time and without assigning any reason refuse to issue or to renew an employment permit or cancel or suspend an employment permit. (4) Any person aggrieved by a decision of the Director General under subsection (1), (2) or (3) may, within twenty-one days from the date of such decision, appeal to the Minister whose decision shall be final and shall not be subject to appeal or review in any court.
Particulars of new employment of non-citizens
An employer shall, before employing any non-citizen referred to in the Schedule, furnish the Director General with particulars of such employment and of such non-citizen in such form as may be prescribed.
Termination of employment of non-citizens
(1) Notwithstanding any written law or any term or condition of any contract or agreement, an employer of an employee in any of the category or categories of employment or business described in the Schedule shall terminate the services of that employee within thirty days of his being notified in writing by the Director General that the employment permit issued in respect of that employee has been cancelled, suspended or not renewed under subsection 7(3). (2) Every employer referred to in subsection (1) who terminates the services of an employee or ceases to employ such employee pursuant to subsection (1) or for any other reasons shall notify the Director General in writing within fourteen days of such termination or cessation. (3) The termination of the services of an employee pursuant to subsection (1) shall not be— (a) capable of negotiation by a trade union representing the person affected; or (b) the subject matter of a trade dispute or of conciliation proceedings or any method of redress whether under any written law or not.
Validity of employment permits
(1) Subject to subsections 7(2) and (3), an employment permit issued under this Part shall unless otherwise specified be valid only in respect of the particular employment and the employer specified therein. (2) An employment permit shall unless sooner cancelled or suspended be valid for a period of not exceeding two years.
Onus of truth of application
The onus of proving the truth of the contents of an application for an employment permit under section 6 shall be on the person who makes the application.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).