Starting 2 January 2027, Malaysian employers face a new statutory requirement regarding talent acquisition. Under the Employment Insurance System (Amendment) Act 2026 (Act A1796), specifically Section 45F, businesses must notify PERKESO of any job vacancy before filling the position and report the outcome within seven days of hiring.
This mandate requires employers to formally notify PERKESO of any job vacancy or new position before initiating the hiring process. Once a role is filled, a follow-up notification must be submitted within seven days. These updates are intended to improve labour market matching via the Ministry of Human Resources ecosystem.
Key Takeaways
- Mandatory notification for all job vacancies is required before recruitment begins.
- Successful placements must be reported to PERKESO within seven days.
- Failing to notify before hiring carries tiered fines of up to RM1,000, RM3,000 or RM5,000 (first, second, third and subsequent offence).
- Compliance notices will precede any compound or enforcement action.
Understanding the Legal Framework
The duty to report vacancies is part of a broader effort to centralize employment data. While the Employment Insurance System (Amendment) Act 2026 came into effect on 1 October 2026, the specific provisions under Section 11—which encompass Sections 45A through 45H—become enforceable on 2 January 2027. Section 45F specifically addresses the obligation of employers to report job vacancies.
Employers should note that this is a statutory duty. The Ministry of Human Resources has clarified that the primary objective is to enhance the transparency of the national labour market. By capturing vacancy data at the point of origin, the government aims to better align job seekers with available opportunities through the MYFutureJobs platform. While the Act establishes the obligation, the operational details regarding the specific digital portal or submission format are determined by PERKESO guidelines.
Penalties and Enforcement
Non-compliance with the reporting requirement carries specific financial penalties. Under Section 45F(4), the tiered fines apply to employers who fail to notify PERKESO before hiring: a fine not exceeding RM1,000 for the first offence, not exceeding RM3,000 for the second, and not exceeding RM5,000 for the third and subsequent offences. The Act does not set a separate fine for the 7-day post-hiring notice, but that notice is still mandatory.
Crucially, the Ministry has indicated that enforcement will be balanced. Employers should expect to receive formal compliance notices as an initial step before any compounding of offences occurs. This approach provides a window for businesses to rectify administrative oversights. However, consistent failure to adhere to the reporting timeline will trigger the penalty structure. It is advisable for HR departments to document their submission process to prove compliance during any future audits or inquiries by the authorities.
Operational Changes for HR
Integrating this reporting requirement into your existing recruitment workflow is essential. Because the notification must occur before the hiring process begins, your recruitment team must update their internal tracking systems. If you use an ERP system to manage recruitment, ensure that the PERKESO reporting step is added as a mandatory stage in your hiring SOP.
The seven-day window for reporting filled vacancies is tight. If your company frequently hires for high-volume roles, you must ensure that your administrative staff have immediate access to the reporting portal. Consider designating a specific officer responsible for monitoring these filings. Maintaining a digital log of all submissions will protect the company against claims of non-compliance and ensure that your documentation remains accurate and ready for inspection at any time.
New Employer Checklist
- Audit all existing hiring workflows to include the pre-hiring notification step.
- Assign a dedicated HR staff member to handle PERKESO portal submissions.
- Maintain a central register of all job vacancies and the dates they were reported.
- Ensure the 7-day post-hiring notification is diarised immediately upon confirmation of employment.
- Review your current HR compliance review processes to include this new reporting duty.
Conclusion
The new PERKESO job vacancy reporting requirement starting 2 January 2027 necessitates a proactive adjustment to your recruitment administration. By updating your internal processes now, you ensure compliance and avoid the tiered penalty structure imposed under the amended Act.
Frequently Asked Questions
Does this requirement apply to all job vacancies?
Yes, the mandate applies to all job vacancies and new positions created within your organization. Employers are legally obligated to notify PERKESO before commencing the hiring process and follow up within seven days once the position is filled.
What is the penalty for failing to report a vacancy?
The penalty is tiered based on the frequency of the offence. Employers face fines of up to RM1,000 for the first offence, RM3,000 for the second, and RM5,000 for the third and subsequent offences as per the Employment Insurance System (Amendment) Act 2026.
Will there be a grace period for compliance?
The Act does not specify a grace period. However, the Ministry has stated that compliance notices will generally be issued to employers before any formal compounds are applied, allowing businesses to correct their reporting procedures without immediate financial penalty.
How should employers submit these notifications?
Employers should follow the official guidance provided by PERKESO regarding the submission channel. MYFutureJobs is PERKESO's national job-matching platform, but the Act does not prescribe the submission form or portal, so confirm the official channel in PERKESO's guidance before 2 January 2027.
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PERKESO Job Vacancy Reporting from 2 January 2027: What Malaysian Employers Must Do