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Employment Act 1955 (2012 revision), Page 14

PART XIIB - EMPLOYMENT OF FOREIGN EMPLOYEES

Duty to furnish information and returns

60K. (1) An employer who employs a foreign employee shall, within fourteen days of the employment, furnish the Director General with the particulars of the foreign employee by forwarding the particulars to the nearest office of the Director General in such manner as may be determined by the Director General.

(2) An employer or any specified class or classes of employers, whenever required to do so by the Director General, shall furnish returns of particulars relating to the employment of a foreign employee in such manner and at such intervals as the Director General may direct.

(3) If the service of a foreign employee is terminated—

(a) by the employer;
(b) by the foreign employee;
(c) upon the expiry of the employment pass issued by the Immigration Department of Malaysia to the foreign employee; or
(d) by the repatriation or deportation of the foreign employee, the employer shall, within thirty days of the termination of service, inform the Director General of the termination in a manner as may be determined by the Director General.

(4) For the purpose of paragraph (3)(b), the termination of service by a foreign employee includes the act of the foreign employee absconding from his place of employment.

(5) An employer who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit.

Director General may inquire into complaint

60L. (1) The Director General may inquire into any complaint from a local employee that he is being discriminated against in relation to a foreign employee, or from a foreign employee that he is being discriminated against in relation to a local employee, by his employer in respect of the terms and conditions of his employment; and the Director General may issue to the employer such directives as may be necessary or expedient to resolve the matter.

(2) An employer who fails to comply with any directive of the Director General issued under subsection (1) commits an offence.

Prohibition on termination of local for foreign employee

60M. No employer shall terminate the contract of service of a local employee for the purpose of employing a foreign employee.

Termination of employment by reason of redundancy

60N. Where an employer is required to reduce his workforce by reason of redundancy necessitating the retrenchment of any number of employees, the employer shall not terminate the services of a local employee unless he has first terminated the services of all foreign employees employed by him in a capacity similar to that of the local employee

Permanent resident exempted from this Part

60O. For the purposes of this Part, the term .foreign employee. shall not include a foreign employee who is a permanent resident of Malaysia.

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