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Akta 446 Compliance & JTKSM Certification Experts

Malaysia’s Leading Workers’ Hostel Approval & JTKSM Certification Guide 2025
Panduan & Perkhidmatan Kelulusan Asrama Pekerja Akta 446 di bawah JTKSM

Get full workers’ hostel approval in Malaysia with our step-by-step service — from application requirements and document preparation to JTKSM certification. Ensure compliance with Act 446 and Ministry of Human Resources (JTKSM) standards, avoiding penalties of up to RM50,000.

Pastikan penginapan pekerja asing anda mematuhi sepenuhnya Akta 446 dan piawaian Kementerian Sumber Manusia. Kami uruskan proses permohonan hingga kelulusan, memastikan pematuhan 100% Akta 446.

✅ End-to-end management — we handle everything for you. 🇲🇾 Trusted JTKSM compliance consultants with a proven 100% success rate.

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Complete Guide

Understanding Act 446: Compliance for Foreign Worker Accommodations in Malaysia

Learn about Malaysia’s Employees’ Minimum Standards of Housing, Accommodations and Amenities Act 1990 (Act 446) — focusing on foreign worker hostel compliance. We cover facility requirements, employer responsibilities, and the certification process with the Department of Labour (JTKSM).

Agensi Pekerjaan Ukhwah Sdn Bhd, in partnership with Andaraya (M) Sdn Bhd, provides consultancy and full-service compliance assistance — ensuring your worker accommodations meet all legal and regulatory requirements under Act 446.

Malaysia's #1 Workers' Housing Compliance Partner

Get JTKSM Workers' Hostel Approval & Full Act 446 Compliance in Malaysia

Achieve complete compliance with Malaysia's Workers' Minimum Standards of Housing Act 446 (Akta 446). Our expert consultants help you obtain JTKSM certification, meet worker accommodation standards, pass Ministry of Human Resources inspections, and avoid RM50,000+ penalties. From foreign worker housing requirements to facility upgrades - we ensure your workers' hostel meets all legal standards.

🏛️ Legal Framework

Understanding Act 446 – Malaysia’s Foreign Worker Housing Law

The Minimum Standards of Housing, Accommodations and Amenities Act 1990 (Act 446) is Malaysia’s key legislation for regulating foreign worker housing standards. Enforced by the Department of Labour Peninsular Malaysia (JTKSM), it ensures employers provide safe, certified, and dignified living conditions that meet national labour and welfare requirements.

Legal Compliance

Employers must fully comply with Act 446 to avoid penalties and legal action.

  • Governed under Section 24D(1)
  • Applies to all foreign worker employers
  • Supports national safety & welfare standards
  • Non-compliance: up to RM50,000 fine per worker

Health & Safety Standards

Accommodation must protect worker health, hygiene, and well-being.

  • Minimum space allocation per person
  • Proper ventilation and sanitation
  • Safe electrical & structural conditions
  • Prevents illness and workplace disputes

JTKSM Certification

How to get your worker housing approved under Act 446.

  • Apply for Certificate of Accommodation (Perakuan Penginapan)
  • Pre-occupancy inspections by JTKSM
  • Regular compliance audits
  • Approval required before occupation

Why Compliance Matters

Compliance benefits both employers and workers.

  • Protects company reputation
  • Minimises legal and operational risks
  • Improves worker retention and morale
  • Ensures alignment with labour laws
Legal Compliance

Why Act 446 Compliance is Critical for Malaysian Employers in 2025

Compliance with the Minimum Standards of Housing, Accommodations and Amenities Act 1990 (Act 446) is mandatory for all employers providing foreign worker housing in Malaysia. Enforced by the Department of Labour (JTKSM) and the Ministry of Human Resources, non-compliance can result in severe financial penalties, operational shutdowns, revoked quotas, and even criminal charges.

Certified Accommodation Setup

Full guidance to achieve JTKSM-approved housing standards.

  • Step-by-step Perakuan Penginapan application
  • On-site facility assessment & gap analysis
  • 2025-compliant hostel design and upgrades
  • Support for both owned and rented properties

Penalty & Risk Prevention

Stay audit-ready and avoid costly enforcement actions.

  • Pre-inspection mock audits & checklists
  • Documentation for surprise inspections
  • Legal advisory during enforcement actions
  • Post-inspection compliance upgrades

Documentation & Inspection Readiness

All records, layouts, and space metrics ready for JTKSM approval.

  • Accurate floor plans & space calculations
  • Submission-ready compliance documents
  • Renewal applications and form submissions
  • Secure digital record-keeping
Contact via WhatsApp: Speak to an Act 446 Compliance Specialist
Hostel Requirements

Permitted Building Types for Foreign Worker Hostels Under Act 446

The Minimum Standards of Housing, Accommodations and Employee Amenities Act 1990 (Act 446) permits various building types for worker accommodations, provided they meet structural integrity, safety, and hygiene requirements. Approved categories include:

Terrace Houses & Shoplots

Residential and commercial properties adapted for worker lodging, usually found in urban or industrial zones.

Bungalows, Apartments & Flats

Standalone units or blocks in residential buildings, suitable for small and mid-sized workforce groups.

Estate Houses

Traditional housing within agricultural estates or plantations, often accommodating on-site field workers.

Purpose-Built Centralised Labour Quarters (CLQ)

Specially constructed accommodations aligned with JTKSM's compliance criteria for long-term worker housing.

Space Standards

Worker Hostel Space Standards in Malaysia (Act 446)

Under Malaysia's Act 446 (Minimum Standards of Housing and Amenities), all worker accommodations must comply with specific minimum space requirements based on room type and occupancy limits, as detailed in the 2020 Housing Regulations.

Private & Semi-Private Rooms

  • Minimum 3.6m² usable floor space per worker
  • Maximum 4 workers per room
  • Each worker must have an individual bed and lockable cabinet
  • Rooms must have natural light and ventilation
  • Ceiling height: at least 2.4 meters

Dormitory-Style Accommodation

  • Minimum 3.0m² usable floor space per worker
  • Maximum 12 workers per room (strictly enforced)
  • Partitioned spaces required to maintain privacy
  • Minimum 0.75m spacing between beds
  • Adequate ventilation and lighting must be provided
🧮 Space Calculator

Act 446 Space Compliance Calculator

Calculate the minimum space requirements for your worker accommodation based on Act 446 standards.

Calculate Required Space

Sleeping Arrangements

Bedding, Storage & Privacy Standards

Individual sleeping arrangements and personal storage must meet specific standards to ensure worker dignity and privacy.

Individual Bed Requirements

Each worker must be provided with adequate personal sleeping space that meets legal and safety standards.

  • Minimum 1.7m² bed space per worker
  • Single or bunk beds permitted
  • Solid frames with safety rails
  • Minimum 0.75m spacing between beds
  • No bed sharing allowed

Mandatory Bedding Items

Workers must be provided with hygienic, durable bedding that supports restful sleep and personal comfort.

  • 4-inch thick mattress minimum
  • Clean pillow and blanket provided
  • Fresh linen replaced regularly
  • Maintained to hygienic standards
  • Individual bedding per worker

Personal Storage Requirements

Each worker is entitled to personal lockable storage to ensure privacy, safety, and dignity.

  • Minimum 0.35m × 0.35m × 0.9m cabinet
  • Lockable personal storage is mandatory
  • One cabinet per worker
  • Secure key management required
  • Supports privacy and organization

Bunk Bed Specifications

Bunk beds must be built to safe structural standards and accommodate comfortable, secure usage.

  • 0.7m vertical clearance minimum
  • Upper bunks must have safety rails
  • Anchored ladder for stable access
  • Clearly marked weight limits
  • Regular inspections for safety compliance
🏗️ Infrastructure

Mandatory Facilities & Infrastructure Requirements

Every worker accommodation must provide comprehensive facilities ensuring health, safety, and basic comfort for all residents.

Sanitation Facilities

Ensure hygienic and adequate toilet and bathing provisions that comply with regulatory standards.

  • 1 toilet per 6 workers maximum (updated 2020)
  • 1 bathroom per 15 workers maximum
  • Gender-separated facilities are compulsory
  • 24/7 clean water supply
  • Daily cleaning with documented schedules

Kitchen & Dining Areas

Provide safe, functional spaces for food preparation, cooking, and dining that support worker wellbeing.

  • Dedicated kitchen with ventilation
  • Food-safe prep zones with sinks
  • Refrigeration and secure food storage
  • Sufficient dining space for all occupants
  • Non-slip floors and proper drainage

Utilities & Infrastructure

Maintain continuous access to essential utilities and ensure safe, livable infrastructure in all hostel areas.

  • Uninterrupted electricity supply
  • 24/7 access to potable water
  • Fan required in every room
  • Lamp required in all living areas
  • Backup power for emergency lighting

Fire Safety & Emergency

Comply with fire safety regulations and prepare all occupants for potential emergencies.

  • Smoke detectors and fire extinguishers
  • Clearly marked emergency exits
  • BOMBA safety certification required
  • Evacuation plans prominently displayed
  • Documented emergency drills

Laundry & Recreation

Create spaces that support cleanliness, relaxation, and positive mental health for all residents.

  • Covered washing and drying areas
  • Well-ventilated with good drainage
  • Separate rest areas from sleeping zones
  • Designated recreation and social spaces
  • Considerations for mental wellbeing
👔 Legal Duties

Employer Responsibilities Under Act 446 (Akta 446)

Employers in Malaysia are legally required to provide safe, compliant accommodations for foreign workers. Under Akta 446, employers must ensure full JTKSM certification, maintain housing standards, and bear all associated costs to avoid legal penalties.

Compliant Accommodation

  • Secure approved hostels before worker arrival
  • Comply with all Act 446 housing standards
  • Ensure safe, clean, and livable conditions
  • Cover full housing costs including utilities
  • No wage deductions for accommodation

Documentation & JTKSM Compliance

  • Obtain Certificate of Accommodation from JTKSM
  • Submit required self-declaration forms
  • Keep updated accommodation records
  • Provide documents during JTKSM inspections
  • Update certification for any hostel changes

Maintenance & Safety

  • Clean facilities regularly and maintain hygiene
  • Conduct timely repairs and safety checks
  • Implement pest control and waste management
  • Ensure fire safety and emergency readiness
  • Address worker complaints promptly

Legal Accountability

  • Comply with all Akta 446 obligations
  • Support JTKSM audit visits anytime
  • Fix any non-compliance issues immediately
  • Uphold workers’ housing rights and awareness
  • Accept full legal responsibility for violations

💡 Important Reminder: Under Act 446 (Akta 446), employers in Malaysia are legally responsible for all accommodation-related costs for foreign workers. This includes rent, utilities, maintenance, pest control, and compliance documentation.

Critical Note: Employers are strictly prohibited from deducting any accommodation expenses from worker wages. Non-compliance may result in penalties, legal action, or revocation of JTKSM certification.

📄 Documentation

Required Documents for JTKSM Application

Complete documentation checklist for Certificate of Accommodation application and JTKSM compliance.

Company Documentation

  • Company registration certificate (SSM)
  • Business license and necessary permits
  • Approval letter for foreign worker employment
  • Employer registration with JTKSM

Property Documentation

  • Valid property ownership or lease agreement
  • Certified building plans and layout drawings
  • Approval from local authority for building use
  • Certificate of Fitness for Occupation (CFO)

Safety Certifications

  • Approval from BOMBA (Fire Department)
  • Certified fire safety equipment in place
  • Clear emergency evacuation plans
  • Up-to-date safety inspection reports

Utilities & Infrastructure

  • Certified water supply connection
  • Approved electricity supply connection
  • Sewerage connection with proper approval
  • Structured waste disposal system

Compliance Forms

  • JTKSM KTA446 application form
  • Self-declaration and compliance checklist
  • Detailed accommodation layout plan
  • Declaration of maximum worker capacity

Supporting Materials

  • Photographic documentation of facilities
  • Room measurements and spacing details
  • Inventory list of provided amenities
  • Maintenance records and schedules

📝 Document Preparation Tips: Ensure all documents are current, certified where required, and available in both Bahasa Malaysia and English. Incomplete documentation will delay the application process and may result in rejection.

Submission Process

How to Submit Your JTKSM Hostel Certification Application (Act 446)

Ensure your worker hostel in Peninsular Malaysia meets Act 446 compliance and follow this detailed submission process to obtain the Certificate of Accommodation from Jabatan Tenaga Kerja Semenanjung Malaysia (JTKSM). Avoid delays and rejections by preparing the right documents and steps.

1

Internal Preparation

Conduct a self-audit to ensure accommodation meets Act 446 standards. Prepare tenancy agreements, fire approvals, utility bills, and layout plans in advance.

Self-Audit Compliance Check Document Readiness
2

Select the Correct JTKSM Form

Use Form JTKSM 1A for employer-owned hostels or Form JTKSM 1B for rented units. Ensure forms are complete, signed, and stamped.

Form 1A Form 1B Authorized Signatures
3

Register on JTKSM Portal

Create an employer account on the JTKSM e-Services Portal, complete your profile, and upload documents per the official checklist.

Online Registration Profile Setup Document Upload
4

Submit Application & Fees

Submit forms via the portal or state office. Pay processing fees by bank draft or approved method, based on accommodation type and worker count.

Application Filing Fee Payment Accommodation Category
5

Document Review

JTKSM reviews your application within 7–14 working days. Respond quickly to clarification requests to prevent delays.

Review Period Clarification Response Fast Turnaround
6

On-Site Inspection

JTKSM will inspect to verify safety, hygiene, and compliance. Ensure all areas are accessible and in good condition.

Site Visit Safety Standards Hygiene Compliance
7

Certificate Issuance

Upon passing inspection, receive the Certificate of Accommodation valid for 3 years. Display it prominently at the premises.

Certification 3-Year Validity Official Display
⏱️ Estimated Processing Timeline

21–45 working days from complete application submission. Incomplete or non-compliant applications will take longer.

🔄 Certificate Renewal Guidelines

Renew every 3 years. Begin renewal at least 60 days before expiry. Major changes in facility structure or ownership require fresh application.

For detailed guidance, visit the official JTKSM Portal or contact your nearest JTKSM office for assistance.

✅ Compliance

Foreign Worker Hostel Compliance Checklist – 2025 AKTA 446

Ensure your worker accommodations meet all legal standards with this comprehensive checklist aligned with the AKTA 446 (Workers' Minimum Standards of Housing and Amenities) before any JTKSM inspection.

📋 Essential Compliance Requirements

  • Floor Space: Min. 3.6m² (private) / 3.0m² (dorm) per worker
  • Room Occupancy: Max. 4 (private) / 12 (dorm) workers
  • Bed & Bedding: 4" mattress, pillow, and blanket per worker
  • Storage: Lockable cabinet (0.35×0.35×0.9m) per worker
  • Toilets: At least 1 toilet per 6 workers
  • Bathrooms: At least 1 bathroom per 15 workers
  • Fire Safety: BOMBA-certified equipment and emergency exits
  • Utilities: 24/7 electricity and clean water supply
  • Ventilation: Ceiling or wall fans in all living areas
  • Lighting: Sufficient lighting in all interior and common areas
  • Kitchen Facilities: Safe food preparation and hygienic storage
  • Certification: Valid JTKSM Certificate of Accommodation required
⚖️ Legal Consequences

Penalties & Enforcement

Non-compliance with Act 446 results in severe legal and financial consequences under Malaysian law.

Financial Penalties

  • Up to RM50,000 fine per violation
  • Separate penalties for each non-compliant facility
  • Additional costs for immediate rectification
  • Legal fees and court costs

Legal Actions

  • Prosecution under Section 24D(1) of Act 446
  • Criminal charges for severe violations
  • Civil liability for worker compensation
  • Public disclosure of violations

Business Impact

  • Immediate closure of non-compliant facilities
  • Suspension of foreign worker permits
  • Damage to company reputation
  • Difficulty obtaining future permits
FAQ – Act 446 (Akta 446)

FAQ About Labour Act 446 Compliance in Malaysia

Understand your responsibilities under the Workers' Minimum Standards of Housing and Amenities Act 1990 (Act 446). These FAQs address common concerns about JTKSM hostel approval, worker housing standards, and compliance procedures in Malaysia.

Act 446 (Akta 446) is Malaysia’s legal framework requiring employers to provide safe and humane accommodations for their workers, particularly foreign employees. It outlines standards for space, hygiene, safety, and facilities. Non-compliance can lead to severe penalties including fines and imprisonment.

Compliance means that housing for foreign workers meets the minimum standards required by Malaysia’s Labour Act 446. This includes proper sanitation, fire safety, ventilation, sleeping space, and gender separation. Employers must obtain JTKSM certification and keep documentation up to date.

All employers or parties responsible for housing workers—including those in manufacturing, construction, agriculture, services, and recruitment agencies—must comply with Act 446. This also applies to landlords or hostel operators who lease accommodation to foreign workers.

  • SSM registration certificate
  • Tenancy or property ownership agreement
  • Accommodation floor plan
  • CCC (Certificate of Completion and Compliance)
  • BOMBA (Fire Department) approval letter
  • Recent utility bills
  • Photographs of the facility

Our services include:

  • Site inspections and compliance audits
  • Document preparation and review
  • Coordination of application submission with JTKSM
  • Consultation on best practices for enforcement readiness

Yes. Employers are legally required to provide separate housing for male and female workers. This ensures privacy, safety, and compliance with the ethical housing standards outlined in Act 446.

Employers who fail to comply may be fined up to RM50,000 per offence, face imprisonment, or have their licenses suspended. Repeat offences can result in blacklisting or termination of foreign worker quotas.

Inspections must be carried out at least twice per month by a designated supervisor. All inspections should be documented, and any deficiencies must be addressed immediately to maintain compliance and worker safety.

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