Registration and Update of Workplace and Employment Information Requirement

Registration and Update of Workplace and Employment Information Requirement

Under the directive of the Department of Labour, Peninsular Malaysia (JTKSM), the Expatriate Services Division (ESD) has on 23 March 2021 issued an announcement on the requirement to register and update employment information to JTKSM. This is to create awareness and to ensure compliance of Employment Act 1955.
Under Section 63A of Employment Act 1955, all employers who wish to hire and employ any workers are required to update the work locations and employment information with the JTKSM within 90 days from the date of:-
(a) commencement of operations/ business;
(b) acquisition of a business; and
(c) change of name/ business location.

Any individual or employer who fails to register and update or provide false information may be fined up to RM10,000, if convicted.

What to do next?
For employers who has yet to comply with the above mandatory requirement:
(a) To download the registration form i.e ‘Borang Pendaftaran Tempat Pekerjaan‘ from the Department of Labour’s website.
(b) To submit the completed forms to the nearest labour office with the company.
(c) Obtain the acknowledgement on page 2, Section F from the labour office.

Commentary:
The abovesaid requirement for registration is not new. JTKSM is now reinforcing this requirement through ESD. Based on the ESD announcement, it appears that with immediate effect from the date of announcement, all new employers as described above will need to submit an additional document i.e. an acknowledgement of the submitted form from JTKSM for every expatriate related application in order to avoid any unnecessary delay in processing. Existing applications with ESD under the sponsorship of employers who has yet to register may be returned for the said acknowledgement.

We are pending confirmation for clarification below in respect of this new announcement, for example:-
1) Will existing application with ESD be returned for employers who have not submitted the acknowledgement of the submitted form from JTKSM or employers who have not registered with JTKSM?
2) Will similar requirement apply to other immigration agencies for example, Malaysia Digital Economy Corporation (MDEC)

Deloitte | Tax | Global Employer Services

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