Loading…
All articles
HR05 Nov 2026

PERKESO Wants to Know Every Vacancy Before You Hire. Why Is the Government Asking?

Illustration for PERKESO Wants to Know Every Vacancy Before You Hire. Why Is the Government Asking?

The question every boss is asking

In our earlier article, we explained the new rule. From 2 January 2027, under Section 45F of the Employment Insurance System and Employment Services Act 2017, you must tell PERKESO in writing about a job vacancy before you hire, and again within seven days after the position is filled.

Since then, the question we hear most is not "how". It is "why".

You already pay EIS contributions every month. You already file with LHDN, SSM and HRD Corp. You already post on JobStreet and LinkedIn.

So why does the government now want to see your vacancy before you fill it?

The answer tells you how this rule will be enforced, and what PERKESO will expect from you.

How the rule got here

This rule did not arrive quietly. It was debated, pushed back and rewritten.

  1. 2 December 2025. The Dewan Rakyat passed the Employment Insurance System (Amendment) Bill with a maximum fine of RM10,000 for not reporting vacancies.
  2. December 2025. SME groups and Members of Parliament objected. The HR Minister said SMEs may be exempted, subject to consultation, and that a moratorium of up to two years would come before enforcement.
  3. 27 February 2026. The Cabinet agreed to replace the single fine with progressive fines.
  4. 12 March 2026. The Dewan Negara passed the Bill with amendments setting fines of up to RM1,000, RM3,000 and RM5,000 for a first, second and third or subsequent offence.
  5. 30 June 2026. The Dewan Rakyat passed the amended Bill.
  6. 15 September 2026. The Act was gazetted as Act A1796.
  7. 2 January 2027. The new Part on employment services, including Section 45F, comes into operation.

Two things stand out. The government cut the maximum fine by half, and the first-offence fine by 90%. But it did not drop the duty.

That tells you the reporting itself is what the government wants.

What the government has said

Here is the rationale, in the words of the people who introduced it.

PERKESO, 4 December 2025. In a statement reported by Utusan Malaysia, PERKESO said Section 45F is "bukan bertujuan menghukum" (not intended to punish) but "untuk menambah baik ekosistem pekerjaan negara" (to improve the national employment ecosystem). It said the rule would let job seekers see opportunities "secara telus dan teratur" (transparently and in an orderly way), and would allow the government to plan employment and skills policy "berdasarkan data sebenar" (based on real data).

The HR Minister, 5 December 2025. As reported by FMT, the goal is "to ensure Malaysians have access to the latest jobs in the market", to "help companies match their vacancies to the talent pool, and gain accurate labour market data and craft better policies."

PERKESO, 13 December 2025. To The Star: "The aim is to turn vacancy notification into something that helps SMEs find talent and plan better, and not be a new layer of red tape."

The Deputy HR Minister, 30 June 2026. Winding up the debate, as reported by RTM: "Fokus utama kerajaan adalah memastikan pematuhan (compliance), bukan menghukum majikan." (The government's main focus is compliance, not punishing employers.) He added that employers would first be given the chance to correct mistakes.

Three themes run through every statement: visibility of jobs, matching, and data.

Reason one: a job market nobody can fully see

Look at three numbers side by side.

  • 195,700 vacancies in Malaysia in Q2 2026, a vacancy rate of 2.1%, according to the Department of Statistics Malaysia (DOSM).
  • 100,882 vacancies promoted on MYFutureJobs, PERKESO's national job portal, from 1 January to 14 November 2025, as told to the Dewan Rakyat.
  • 464,534 active job seekers registered on MYFutureJobs over the same period.

The figures measure different things over different periods, so they are not a direct comparison. But the point is clear. The public job portal sees only part of the market. Many vacancies are filled through WhatsApp, referrals and private job boards, and the government never knows they existed.

Meanwhile, DOSM reported 511,600 unemployed persons and an unemployment rate of 2.9% in August 2026.

Hundreds of thousands of people looking for work. Hundreds of thousands of vacancies. And no single place where both sides meet.

Section 45F is the government's attempt to build that place.

Reason two: getting people who lost their jobs back to work

EIS was introduced in 2018 to support workers who lose their jobs. Its benefits, such as the Job Search Allowance, are paid while a person looks for new work.

The numbers have grown.

  • 69,923 job-loss cases were recorded over five years, as at 30 November 2025, and 57,094 (85.3%) received EIS benefits, according to figures given in the Dewan Rakyat on 2 December 2025.
  • 10,568 job-loss cases were recorded in January 2026, described by the HR Minister as the highest on record.
  • Job losses from January to April 2026 were 34.4% higher than the same period a year earlier.

When more people claim, the fund pays out more. The best outcome for the worker and for the fund is the same: a new job, quickly.

That is why the 2026 amendments do two things at once. From 1 October 2026, the regulations raised the Early Re-employment Allowance, which rewards claimants who find work early. From 2 January 2027, PERKESO gains a formal role in employment brokerage and job matching under new Sections 45A to 45H.

Our reading is simple. PERKESO cannot match a job seeker to a job it does not know exists. Your vacancy notice is the supply side of that match.

Reason three: policy built on real data

The third reason is the least visible, but it may matter most in the long run.

Today, the government's picture of labour demand comes mainly from surveys and from vacancies that employers choose to post publicly. Training programmes, foreign worker quotas and skills policy are planned on that picture.

A standing duty to report every vacancy changes the quality of the data. It shows which roles are hard to fill, in which states, at what salaries, and for how long.

This links to a long-running policy aim. In November 2025, the Deputy HR Minister told the Dewan Rakyat that MYFutureJobs is designed to fill high-demand positions while reducing reliance on foreign labour. The government has not tied Section 45F directly to foreign worker policy. But vacancy data is the evidence any future decision on quotas and levies will rest on.

Before this amendment, there was no general duty on Malaysian employers to report vacancies. The Employment Information Act 1953 lets an officer request information about existing employees and their terms of service, but only on notice and not about vacancies. Section 45F is new ground.

Is this about EIS abuse?

Many business owners we speak to assume the rule exists because some people claim EIS benefits without really looking for work.

We understand why. But we have not found any official statement that gives EIS abuse as the reason for Section 45F. The reasons on record are access to jobs, job matching and labour market data.

There is a fair point underneath the assumption, though. A national list of real vacancies makes the job search more transparent for everyone. Jobs that exist become visible, and matching becomes something PERKESO can actively do rather than wait for.

That is a system design point, not an accusation. And it is the honest way to read the law.

Malaysia is not the first

Other countries already ask employers to share vacancies with a public employment service, each for its own reasons.

  • Switzerland. Since 1 July 2018, employers must register vacancies in occupations where unemployment reaches 5% (since 1 January 2020) with the public employment service. Those vacancies are reserved for registered job seekers for five working days before they can be advertised elsewhere. The stated aim is to make better use of the domestic workforce.
  • Singapore. Under the Fair Consideration Framework, an employer applying for an Employment Pass must first advertise the job on MyCareersFuture for at least 14 consecutive days, with exemptions for smaller firms and high salaries. It is a gate for foreign hiring, not a universal duty.
  • India. The Employment Exchanges (Compulsory Notification of Vacancies) Act 1959 requires public sector employers, and private establishments covered by government notification, to notify vacancies before filling them.

Compared with these, the Malaysian rule is broader in reach, since it applies to every employer, but lighter in effect. It does not reserve vacancies for local job seekers or stop you advertising elsewhere. You notify, then you hire as you choose.

What this means for you

Understanding the "why" helps you predict the "how".

  1. Expect a data-driven system. The government wants information, not fines. Expect PERKESO to focus on reporting that is complete and consistent, probably through MYFutureJobs once confirmed.
  2. Expect education before enforcement. The Deputy Minister said employers will first be given the chance to correct mistakes. Use that window to build the habit, not to delay it.
  3. Expect candidates from PERKESO. If PERKESO is matching job seekers, some of your applicants will come through its channels. Decide now how your hiring manager will handle them.
  4. Treat your vacancy data as visible. Job titles, salary ranges and repeat vacancies for the same role may become part of a national dataset. Make sure what you report is accurate and consistent with your payroll and EIS records.
  5. Do not wait for the exemption. The SME exemption was raised in December 2025 but does not appear in the Act. Plan as if it applies to you.

Disclaimer

This article is general information based on the Employment Insurance System (Amendment) Act 2026 (Act A1796), official statements and public reports available as at 4 November 2026. It does not constitute legal, tax, audit or employment advice for any specific situation. Malay quotations are followed by our own English translation. Operating guidance from PERKESO may change how these duties apply in practice.

This article was prepared with the assistance of AI tools and reviewed by a licensed professional before publication.

Sources

— KTP’s View

Most new compliance rules arrive with one question from business owners: what does it cost me?

This one deserves a second question: what does the government want to learn? The answer is your hiring patterns. Which roles you struggle to fill, how often, and at what pay.

We do not see Section 45F as a penalty regime. The fines were cut, a moratorium was announced, and the Ministry has said compliance comes before punishment. The direction is clear. The government is building a national view of the job market, and every employer is now a data source.

For a well-run SME, that is not a threat. Accurate HR records, consistent payroll and a proper hiring process already give you everything you need to report.

The government is not asking you to hire differently. It is asking to see the market you are already part of.

Speak with our team. We help businesses across Johor Bahru with HR and statutory compliance as part of their wider tax and compliance plan.

— Visit Us

Come say hello.

Two firms in the heart of Taman Molek, Johor Bahru.

KTP

KTP & Company PLT

Wisma KTP, 53, 53-01 & 53-02, Jalan Molek 1/8, Taman Molek, 81100 Johor Bahru, Johor, Malaysia
+6 07-361 3443Directions
THK

THK Management Advisory

Wisma THK, No. 41, 41-01, 41-02, Jalan Molek 1/8, Taman Molek, 81100 Johor Bahru, Johor, Malaysia.
+607-350 3377Directions
— SOCIALS

Stay connected.

KTP
KTP Career
KTP Lifestyle
THK
Next article

From 2 January 2027, Every Hire Starts With PERKESO. Are You Ready?