PART XIIB

EMPLOYMENT OF FOREIGN EMPLOYEES

60K. Duty to furnish information and returns.

(1) An employer who employs a foreign employee shall, within fourteen days of the employment, furnish the nearest office of the Director-General with the particulars of the foreign employee 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.

60L. Director-General may inquire into complaint.

(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.

60M. Prohibition on termination of local or foreign employee.

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

60N. Termination of employment by reason of redundancy.

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.

60O.Permanent resident exempted from this Part.

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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