Notification to the Department of Labor

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We previously wrote about the amendments to the Employment Act 1955 (‘EA’) which came into force on 1 January 2023. Under section 60K (1), it expressly states that an employer may not employ foreign staff unless prior approval has been obtained from the Department of Labor Peninsular Malaysia. 
     
Upon obtaining the approval required under section 60K, employers have the following further responsibilities.
    

Notification of foreign employees engaged

Section 60K(3) requires an employer who has employed a foreign worker to notify the nearest Department of Labor Office within fourteen (14) days of the employment of foreign employees.
     

Notification of foreign employees terminated

Upon termination of a foreign employee, an employer has a duty to report this to the nearest Department of Labor Office within 30 days of the termination as per section 60KA of the EA.
      
If the foreign employee terminates his or her services or absconds from the place of employment, the employer must notify the Department of Labor office within fourteen (14) days of the incident taking place.
       
Failure to comply with section 60K (3) and section 60KA of the EA is an offence under section 99A of the EA and may be fined not exceeding RM50,000.00.

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