Akta 446 Compliance & JTKSM Certification

Malaysia Workers' Hostel Approval 2025: Complete JTKSM Certification Guide Under Act 446 (Akta 446)
Panduan Lengkap Kelulusan Asrama Pekerja JTKSM di bawah Akta 446 Malaysia

Get compliant foreign worker accommodation and secure JTKSM workers' hostel approval in Malaysia. Our expert guide covers Act 446 compliance requirements, Ministry of Human Resources standards, and the complete workers' housing certification process to avoid penalties up to RM50,000.
Dapatkan kelulusan penginapan pekerja asing yang mematuhi piawaian JTKSM dan elakkan penalti sehingga RM50,000 di bawah Akta 446 Malaysia.

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Complete Guide

Understanding Act 446: Compliance for Foreign Worker Accommodations in Malaysia

This section offers a complete overview of Malaysia’s Employees’ Minimum Standards of Housing, Accommodations and Amenities Act 1990 (Act 446), focusing on foreign worker hostel compliance. It covers key facility requirements, employer responsibilities, and the step-by-step process for securing certification from the Department of Labour (JTKSM).

As part of our commitment to ethical employment practices, Agensi Pekerjaan Ukhwah Sdn Bhd, in strategic partnership with Andaraya (M) Sdn Bhd, delivers professional consultancy and end-to-end assistance. We support employers across Malaysia in meeting all legal and regulatory requirements related to worker accommodations, ensuring full compliance with Act 446 and related enforcement standards.

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

What is Act 446? Malaysia’s Foreign Worker Housing Law

The Minimum Standards of Housing, Accommodations and Amenities Act 1990 (Act 446) sets the legal requirements for foreign worker accommodations in Malaysia. Enforced by JTKSM, the law mandates certified, hygienic, and safe housing that preserves worker dignity and complies with federal labour standards.

Legal Compliance with Act 446

Employers must ensure all worker housing meets Act 446 standards or risk serious penalties.

  • Enforced under Section 24D(1)
  • Applicable to all employers hiring foreign labour
  • Supports national compliance and safety goals
  • Failure may result in prosecution or RM50,000 fines per worker

Health & Safety Standards

Ensure worker well-being with accommodation that is clean, secure, and compliant.

  • Minimum space per occupant
  • Proper ventilation, sanitation, and safety measures
  • Boosts worker productivity and morale
  • Reduces risk of disease and workplace complaints

JTKSM Certification Process

Get your accommodations certified and inspection-ready under Act 446.

  • Certificate of Accommodation (Perakuan Penginapan)
  • Pre-occupancy site inspections
  • Regular compliance audits by JTKSM
  • Mandatory before housing occupation
Legal Compliance

Why Complying with Act 446 is Critical for Malaysian Employers (2025)

Act 446 compliance is not optional. It’s a legal requirement under the JTKSM Act 446 Portal and enforced by the Ministry of Human Resources. Failure to comply can lead to fines, business suspension, revoked quotas, or criminal charges.

Certified Accommodation Setup

We assist with full JTKSM certification for employer-owned or rented hostels.

  • Step-by-step Perakuan Penginapan guidance
  • Facility assessments and gap analysis
  • 2025-compliant hostel standards
  • Support for all accommodation types

Avoid Penalties & Inspection Failures

Stay audit-ready and minimize the risk of enforcement or shutdowns.

  • Mock audits and checklist reviews
  • Documentation readiness for surprise inspections
  • Legal consulting during enforcement
  • Post-inspection compliance upgrades

Documentation & Inspection Readiness

Ensure all required layouts, space metrics, and records are ready for JTKSM checks.

  • Floor plan verification & space calculations
  • Submission-ready document bundles
  • Renewal prep and form submissions
  • Digital record keeping & cloud backup
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), worker accommodations must meet specific minimum space requirements based on room type and occupancy limits, as outlined 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 a lockable cabinet
  • Rooms must have natural light and ventilation
  • Ceiling height must be 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

Note: Failure to meet these space and infrastructure requirements may lead to fines, suspension, or revocation of your accommodation license under Section 24D(1) of Malaysia’s Act 446.

🧮 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.

Internal Preparation

Conduct a self-audit to ensure your accommodation complies with Act 446. Prepare all necessary documents including tenancy agreements, fire department approvals, utility bills, and layout plans.

Choose the Right JTKSM Form

Fill in Form JTKSM 1A (for employer-owned hostels) or Form JTKSM 1B (for rented units). Ensure the form is complete with authorized signatures and company stamp.

Register Online with JTKSM

Create an employer account on the JTKSM e-Services Portal. Complete your company profile and upload necessary documentation as per the official checklist.

Submit Application & Pay Fees

Submit your completed forms and supporting documents via the JTKSM portal or in person at your state office. Pay the processing fee via bank draft or approved payment method based on your accommodation type and worker count.

Document Review & Clarification

JTKSM will review your application within 7–14 working days. Respond promptly to any clarification requests or document re-submissions to avoid delays.

On-Site Inspection

JTKSM will arrange a physical inspection to verify safety, hygiene, and structural compliance. Ensure all areas are accessible and properly maintained during inspection.

Certificate of Accommodation Issuance

If your facility passes inspection, you will receive the Certificate of Accommodation, valid for 3 years. Print and display it prominently at the hostel premises.

⏱️ 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

2025 AKTA Compliance Checklist

Use the checklist below to ensure your worker hostels fully comply with Act 446 requirements before any official JTKSM inspections.

📋 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.