Kamal Pardi
KOTA KINABALU: The Sabah Labour Department has reminded employers to obtain permit from the department if they intended to recruit non-resident employees to work in the state.
Its director, Kamal Pardi, yesterday said the requirement was in accordance with Section 118 of the Labour Ordinance (Sabah Chapter 67).
He said the State Immigration Act 1959/1963 defined non-residents as those who did not originate from Sabah.
“Application for the licence can be made via any Labour Office nearest to the employer’s work premises. However, the approval of the licence is subject to the employer’s capacity to employ and compliance with existing labour laws,” said Kamal.
He cautioned that Section 118A, Labour Ordinance (Sabah Chapter 67) states that it is the employer’s responsibility to report the particulars of non-resident employees within 14 working days to any Labour Office where the license was issued.
He said the provision also required employers to ensure that all their foreign workers (except maids) were insured with Foreign Workers Compensation Insurance Scheme in accordance with the Workmen’s Compensation Act 1952.
“Employers who failed to comply with Section 118 and 118A, Labour Ordinance (Sabah Chapter 67) commit an offence liable to a penalty of RM 10,000.00 or two years’ jail or both. Whereas failure to comply with the provisions under the Workmen’s Compensation Act 1952 may result in a fine of not more than RM 20,000.00 or a jail term not exceeding two years or both if convicted,” he said.
Kamal said the department’s enforcement division was also conducting inspections or operations on a regular basis.