Thread: Is using Jobroller in breach of local employment agency laws?

Is using Jobroller in breach of local employment agency laws?

Hi, I've been considering setting up a JobRoller themed website in Malaysia, and I've just happen to be been reading the PRIVATE EMPLOYMENT AGENCIES ACT 1981 (Malaysia)
found here:

http://www.agc.gov.my/Akta/Vol.%205/Act%20246.pdf

Interestingly Employment Agency is defined as:

“private employment agency” means—
(a) an employment agency conducted with a view to profit,
that is to say, any person, company, institution, agency
or other organization which acts as intermediary for the
purpose of procuring employment for a worker or supplying
a worker for an employer with a view to deriving either
directly or indirectly any pecuniary or other material
advantage from either employer or worker; the expression
does not include newspapers or other publications unless
they are published wholly or mainly for the purpose of
acting as intermediaries between employers and workers;

(b) an employment agency not conducted with a view to
profit, that is to say, the placing services of any company,
institution, agency or other organization which, though
not conducted with a view to derive any pecuniary or
other material advantage, levies from either employer or
worker from the above service an entrance fee, a periodical
contribution or any other charge;

also this:

“advertisement” shall include any notice, circular, pamphlet or
any document and any announcement made orally or by any means
of producing or transmitting light or sound;

Given that a Jobroller themed website could possibly used wholly for the purpose of acting as an intermediarie, would this mean it would be subject to the Act and you'd need a licence to operate such a website in Malaysia?

But then if I use a Classipress themed website, with catergory of "Jobs" (along with non job ads) then this would not be subject to the law?

Now...with that in mind, other countries may have similar legislation, so this could be something to consider when setting up a Job website in general.

And to make things more complicated...what if you're operating the website outside of that country...what then? You'd be breaking the law even though you're not in that country.

I'm guessing some of the laws also have not caught up with the age of the internet.

Comments anyone?