These Terms of Service ("Terms") govern the relationship between Agensi Pekerjaan Jaya Persona SDN. BHD. ("Jaya Persona", "we", "us", "our") and any individual or household ("Client", "you") who engages our domestic helper placement services. By engaging our services — whether in person, by phone, via WhatsApp, or through our website — you agree to be bound by these Terms.
1. About Jaya Persona
Agensi Pekerjaan Jaya Persona SDN. BHD. is a licensed employment agency operating under a licence issued by the Jabatan Tenaga Kerja Semenanjung Malaysia (JTKSM) pursuant to the Employment Agencies Act 1976. We are also accredited by the Embassy of the Philippines and the Embassy of Indonesia in Malaysia.
Our primary business is the lawful recruitment, screening, and placement of foreign domestic helpers for Malaysian households, in full compliance with Malaysian immigration law, the Employment Act 1955, and all applicable regulations.
2. Acceptance of Terms
By signing a Service Agreement, making payment, or instructing Jaya Persona to commence placement activities on your behalf, you confirm that you have read, understood, and agreed to these Terms in their entirety.
If you do not agree with any part of these Terms, you must not engage our services. These Terms take effect from the date of your first engagement with Jaya Persona and remain in effect for the duration of any active service arrangement.
3. Our Services
Jaya Persona offers the following services to Malaysian employers:
Full-Time Domestic Helper Placement
- Recruitment and pre-screening of candidates from approved source countries
- Matching candidates to employer household requirements
- Coordination of FOMEMA medical examinations
- Immigration documentation and PLKS work permit application
- Preparation and execution of the standard employment contract
- Employer orientation and post-placement support
Childcare Placement
- Placement of domestic helpers with demonstrated infant and child care experience
- Candidate matching based on relevant childcare background and household needs
Elder Care Placement
- Placement of domestic helpers experienced in supporting elderly individuals
- Assessment of candidate suitability for mobility assistance and daily living support
Contract Renewals
- Work permit (PLKS) renewal with the Immigration Department of Malaysia
- FOMEMA medical renewal coordination
- EPF and SOCSO compliance advisory
- Renewal of the employment contract
Services not listed above are not covered by these Terms unless separately agreed in writing.
4. Client Eligibility
To engage Jaya Persona's placement services, you must:
- Be a Malaysian citizen, permanent resident, or holder of a valid long-term visa permitting residence in Malaysia
- Be aged 21 years or above
- Have a legitimate household or family need for a domestic helper
- Be able to meet the financial obligations of employing a domestic helper, including salary, SOCSO contributions, medical coverage, and accommodation
- Hold a valid MyKad (NRIC) or passport for identity verification purposes
Jaya Persona reserves the right to decline a placement request at its discretion if it has reasonable grounds to believe the above criteria are not met or if the engagement would be contrary to applicable law.
5. Placement Process
The placement process typically proceeds as follows:
- Consultation — We discuss your household requirements, preferences, and budget
- Candidate shortlisting — We present suitable candidates with full profiles and, where available, video interviews
- Selection — You select a preferred candidate; a Service Agreement is signed and placement fees are confirmed
- Documentation — We handle FOMEMA medical coordination, PLKS work permit application, and employment contract preparation
- Deployment — The domestic helper is deployed to your household upon completion of all immigration and documentation requirements
- Post-deployment support — We remain available to assist with any queries during the initial placement period
Estimated timelines are provided in good faith and are subject to processing times at government agencies and third parties. Jaya Persona does not guarantee specific deployment dates.
6. Fees & Payment
Placement fees are set out in the Service Agreement signed between Jaya Persona and the Client prior to commencement of placement activities. By signing the Service Agreement, you acknowledge and agree to the applicable fee schedule.
General terms
- Fees are quoted in Malaysian Ringgit (MYR) and are inclusive of applicable taxes unless stated otherwise
- A deposit is payable upon signing the Service Agreement; the balance is payable as stated in the agreement
- Fees cover the placement and documentation services described in Section 3 and do not constitute the helper's salary, which remains the employer's direct obligation
- Payments are non-refundable except as expressly provided in the replacement policy in Section 7 or as required by law
Additional services
- SOCSO monthly contribution management, contract renewal, and other ongoing services are subject to separate fees disclosed to you prior to engagement
- Any government fees, levies, or third-party charges (e.g., immigration fees, FOMEMA costs) are passed through at cost and are not included in the base placement fee unless stated
7. Placement Warranty & Replacement Policy
Warranty Period
Every domestic helper placement by Jaya Persona comes with a placement warranty of 3 to 6 months from the helper's deployment date, as specified in your Service Agreement. During this warranty period, the Client is entitled to request a free-of-charge replacement under the conditions set out below.
The exact warranty duration — 3 or 6 months — will be confirmed in your Service Agreement at the time of signing, and may vary depending on the type of placement and the source country of the domestic helper.
When a Replacement is Available
A replacement will be provided at no additional placement fee during the warranty period if:
- The domestic helper voluntarily abandons employment without valid cause
- The helper is found to have provided materially false information during screening (e.g., falsified experience, undisclosed medical conditions)
- The helper is medically unfit for the role as confirmed by a registered medical practitioner
- The helper's conduct constitutes a serious breach of the employment contract (e.g., theft, dishonesty, wilful neglect of duties)
The Client must notify Jaya Persona in writing within 14 days of becoming aware of the issue giving rise to the replacement request. Jaya Persona will use reasonable efforts to provide a suitable replacement candidate within a reasonable timeframe, subject to availability.
Replacements are not available where the helper's departure or underperformance is attributable to the Client's conduct, including but not limited to: mistreatment, non-payment of salary, failure to provide adequate accommodation or food, or demands made outside the scope of the employment contract.
Replacement eligibility does not apply to terminations initiated by the Client for reasons of personal preference after the helper has settled into the role. Any government or administrative fees incurred in processing a replacement (e.g., permit amendments) will be communicated to you in advance.
8. Client Obligations
As an employer of a domestic helper placed by Jaya Persona, you are responsible for:
Legal compliance
- Paying the helper's monthly salary in full and on time, as stipulated in the employment contract
- Registering the helper with SOCSO / PERKESO and making monthly contributions as required by law
- Providing the helper with a rest day each week and the minimum leave entitlements under the Employment Act 1955
- Arranging and funding the helper's annual FOMEMA medical examination
- Holding the helper's passport only for safekeeping purposes and returning it upon request — retention of a helper's passport against their will is unlawful
- Arranging the helper's repatriation at the end of the contract if required by law or the employment agreement
Welfare and conduct
- Providing adequate accommodation, meals, and a safe working environment
- Treating the helper with dignity and respect at all times
- Not assigning duties that fall outside the scope of the employment contract or that are hazardous, degrading, or unlawful
- Notifying Jaya Persona promptly if any issues arise relating to the helper's conduct, health, or welfare
Documentation
- Providing accurate and truthful information to Jaya Persona at all times
- Cooperating with Jaya Persona and the relevant authorities in any documentation, audit, or compliance process
- Notifying Jaya Persona immediately if the helper's employment is terminated before the end of the contract period
9. Agency Obligations
Jaya Persona undertakes to:
- Operate at all times as a JTKSM-licensed agency in compliance with the Employment Agencies Act 1976 and all applicable Malaysian law
- Conduct thorough pre-screening and background verification of all candidates before presenting them to Clients
- Provide accurate and complete candidate profiles and not knowingly misrepresent a candidate's qualifications or background
- Handle all Client and helper personal data in accordance with the Personal Data Protection Act 2010 — see our Privacy Policy
- Process documentation accurately and submit applications to the relevant authorities in a timely manner
- Keep Clients informed of material developments affecting their placement or renewal
- Respond to Client enquiries and complaints in good faith and within a reasonable timeframe
Jaya Persona acts solely as a placement intermediary. Once a domestic helper has been deployed to the Client's household, the employment relationship is between the Client (employer) and the domestic helper. Jaya Persona is not a party to that employment relationship and does not assume the obligations of an employer.
10. Limitation of Liability
To the fullest extent permitted by Malaysian law:
- Jaya Persona's liability to any Client shall not exceed the total placement fees paid by that Client to Jaya Persona in respect of the relevant placement
- Jaya Persona shall not be liable for any loss, damage, injury, or harm arising from the conduct, acts, or omissions of a domestic helper after deployment to the Client's household
- Jaya Persona shall not be liable for delays in placement caused by government processing times, immigration hold-ups, or other circumstances beyond our reasonable control
- Jaya Persona does not warrant that any particular candidate will meet all of the Client's expectations beyond what is represented in the candidate's verified profile
Nothing in these Terms limits or excludes liability for fraud, wilful misconduct, or any liability that cannot be excluded by law.
11. Termination of Services
Either party may terminate the Service Agreement prior to deployment by giving written notice. The following applies:
- Termination by the Client before deployment — The deposit paid is non-refundable if Jaya Persona has already incurred costs (e.g., FOMEMA arrangements, documentation work). Any unspent portion may be refunded at Jaya Persona's discretion.
- Termination by the Client after deployment — The Client remains responsible for the helper's salary, statutory contributions, and repatriation costs up to the date of termination as required by law and the employment contract.
- Termination by Jaya Persona — Jaya Persona may terminate the Service Agreement with reasonable notice if the Client is in material breach of these Terms, has provided false information, or has acted in a manner harmful to the domestic helper.
Termination of the Service Agreement does not affect any accrued rights or obligations of either party as at the date of termination.
12. Governing Law & Disputes
These Terms are governed by and construed in accordance with the laws of Malaysia. Any dispute arising out of or in connection with these Terms shall first be referred to mediation between the parties in good faith.
If a dispute cannot be resolved by mediation within 30 days of written notice, either party may refer the matter to the courts of Malaysia, and both parties submit to the exclusive jurisdiction of those courts.
Clients may also raise complaints with the Jabatan Tenaga Kerja Semenanjung Malaysia (JTKSM) or the Tribunal for Consumer Claims Malaysia where applicable.
13. Amendments
Jaya Persona reserves the right to amend these Terms at any time. Changes will be published on our website with an updated effective date. Where changes are material, we will notify existing Clients directly where reasonably practicable.
Continued engagement of our services after the effective date of an amendment constitutes acceptance of the updated Terms. We encourage you to review this page periodically.
14. Contact Us
For any questions about these Terms or our services, please reach out to us:
Wisma Khoo Boon Kim,
Jalan Pos Baru,
41150 Klang, Selangor, Malaysia
Sat · 9 AM – 1 PM