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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.