It is the Government's policy to see that Malaysians are eventually trained and employed at all levels of employment. Notwithstanding this">

GUIDELINES ON EMPLOYMENT

• Expatriate Personnel
  • Guidelines
  • Applications
• Foreign Unskilled and Semi-Skilled Workers
  • Peninsular Applications
  • Sabah Applications
  • Labuan Applications
  • Sarawak Applications
• Conditions for issuing Visit Pass
  (Temporary Employment)

EXPATRIATE PERSONNEL

It is the Government's policy to see that Malaysians are eventually trained and employed at all levels of employment. Notwithstanding this, foreign companies are allowed to bring the required personnel in areas where there is a shortage of trained Malaysians to do the job.
In addition to this, foreign companies are also allowed certain 'key posts' to be permanently filled by foreigners.
Companies should make every effort to train more Malaysians so that the employment pattern at all levels of the organisation will reflect the multi-racial composition of the country.

The Guidelines
Any company with a foreign paid-up capital of US$2 million and above will automatically be allowed five expatriate posts including key posts. Additional expatriate posts will be given is necessary, upon request.
Any company with a foreign paid-up capital of less than US$2 million will be considered for expatriate posts on the following basis:-

• Key posts can be considered where the foreign paid-up capital is at least RM500,000. This figure however, is to be considered as a guideline only and the number of key posts allowed depends on the merits of each case.
• For executive posts which require professional qualification and practical experience, expatriates may be employed up to a maximum period of 10 years subject to the condition that Malaysians are trained to eventually take over the posts.
• For non-executive posts which require technical skills and experience, expatriates may be employed up to a maximum period of 5 years, subject to the condition that Malaysians are trained to eventually take over the posts.

Applications for Expatriate Posts
Before the expatriate applies for the Employment Pass at the Immigration Department, the company must firstly apply for and obtain an approval for an expatriate post or position from one of the following agencies:

• Malaysian Industrial Development Authority (MIDA)
  Secretary, Action Committee on Investment
  5th Floor, Wisma Damansara, Jalan Semantan, 50490 Kuala Lumpur
  AND (one or more of the following):
• Manufacturing Industries Agriculture and Aquatic Agriculture
  Tourism and Hotel
• Ministry Of Education 1th Floor, Block K, Damansara Town Centre, 50550 Kuala Lumpur
  Private Colleges & Schools
• Construction Industry & Development Board (CIDB) 19th Floor, Putra World Trade Centre, K.L. Construction & Engineering Works
• Security Commission No. 3, Jalan Semantan, Bukit Damansara, 50490 Kuala Lumpur
  Economist, Reseacher, Consultant, Dealers and other Technical Post
• National Bank (National Bank) Jalan Kucing, Wilayah Persekutuan, Kuala Lumpur
  Economist, Reseacher, Financial Adviser, Insurance Consultant and other Technical Post
• Ministry of Domestic Trade and Consumer Affairs (KPDN & HEP) Tingkat 24,
  Menara Maybank, Jalan Tun Perak, 50050 Kuala Lumpur
  Wholesale & Retail Trading (Domestic Sales)
• Ministry of International Trade & Industry (MITI) Blok 10, MITI, Kompleks Pejabat Kerajaan, Jalan Duta, 50622 Kuala Lumpur
  Representative Office - Regional Office - International Procurement Center (IPC)
• Ministry of Finance Blok 9, Komplek Kerajaan, Jalan Duta, 50592 Kuala Lumpur
  Operational Head Quarters (OHQ)
• Multimedia Development Corporation Sdn. Bhd. (MDC) 6300 Cyberjaya, Selangor Darul Ehsan, Malaysia
  A company which has been approved/given a Multimedia Super Corridor status
  AND
• Expatriate Committee(JKPD)
  Secretary, Standing Committee for Malaysianisation and Foreign Labour
  Immigration Head Office, 3rd Floor, Block I, Damansara Town Centre, 50550 Kuala Lumpur

Documents to bring:
Covering letter from company; Form DP10; A copy of company registrar licence;
Form 24 (Paid-up Capital); Form 49 (Board Of Directors);
Supporting Document from Government Agencies relevent with Company Activities;
Project Contract Document (if relevent); Registration of Companies Act (M & A);
Qualification Cert./Expatriate Resume;

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FOREIGN UNSKILLED AND SEMI-SKILLED WORKERS

Semi-skilled and unskilled workers are only permitted to work in the following sectors:

• Plantation
• Consruction
• Manufacturing
• Service(Domestic Maids), Pump Attendants, Waiters and Waitresses

Foreign workers permitted to work in in the above sectors in this country are limited to nationals from Bangladesh, Philippines, Indonesia, Pakistan and Thailand.
For domestic maids, only Philippines, Indonesia and Thailand nationals are permitted to be employed.

PENINSULAR MALAYSIA:
An employer who intends to employ a foreign worker must submit an application for Visit Pass (Temporary Employment) to Foreign Workers Division, Immigration Department.

Foreign Workers Division
Level 2, Block K (South), Damansara Town Centre, 50550 Kuala Lumpur
Tel : 603-2524655

SABAH AND FEDERAL TERRITORY LABUAN:
The employer is permitted to employ workers from Indonesia and Philippines only. Before applying for a Visit Pass (Temporary Employment), the employer is required to obtain a license from the Sabah Labour Department and approval quota for employing foreign worker from the Committee of Indonesian Foreign Workers in Sabah and the Federal Territory of Labuan at:

The Secretariat
Coordinating Committee for Indonesian Foreign Workers in Sabah and Federal Territory Labuan
Sabah Immigration Office, 4th & 5th Floor, Wisma Dang Bandang, Jalan Tuanku Abdul Rahman, 88550 Kota Kinabalu, SABAH
Tel : 088-216711

After obtaining a license and recruitment quota, the employer is required to submit an application for Visit Pass (Temporary Employment) at Kota Kinabalu, Sandakan, Tawau or Labuan (whichever is nearest).

FEDERAL TERRITORY OF LABUAN:
The employer is permitted to employ workers from Indonesia, Philippines, Thailand, Bangladesh and Pakistan only. Application for the Visit Pass (Temporary Employment) for foreign workers must be submitted to the following address:

The Secretariat, Foreign Labour Committee,
Immigration Office Federal Territory of Labuan, 87007 Labuan
Tel : 088-412298

SARAWAK:
The employer intending to employ a foreign worker is required to obtain a license and recruitment quota for the Sarawak Labour Department at:

Director, Sarawak Labour Department,
13th Floor, Bangunan Sultan Iskandar, Jl. Simpang Tiga, POB 1383, 93532 Kuching, SARAWAK
Tel : 082-242261

After obtaining a license and recruitment quota, the employer is required to submit an application for Visit Pass (Temporary Employment) at the Immigration Office (whichever is nearest).

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CONDITIONS FOR ISSUING VISIT PASS (TEMPORARY EMPLOYMENT)

• The foreign worker to be employed must remain outside Malaysia while the application is being processed. He or she will only be permitted to enter the country once (Temporary Employment) is approved.
• Workers not classified as persons prohibited to enter according to Section 8(3) Immigration Act 1959/63.
• The worker must be healthy and free from any dangerous or contagious diseases.
• Possessing a Passport or Travel Document with a validity of not less than 12 months from the date the Pass is approved.
• The worker must be within the age of 18 years to 45 years (except Domestic Helper : 25-45 years).
• The worker is required to carry out a medical examination during a period of 1-2 months after entering the country using the format issued by the Immigration Department and must be carried out at a Government Hospital or a local private clinic registered with the Malaysian Medical Association.
• The worker must abide by the country's laws and regulations in force.
• The worker is not allowed to bring his family to reside in the country.
• The worker is not allowed to change employment sector and employer without the approval of the Immigration Department.
• The worker is permitted only to stay in the country until the date stated in the Visit Pass (Temporary Employment). However, if an extension of the validity period is required, application must be made at least 30 days before the expiry date of the Pass.
• The employer's or agency is fully responsible for all aspects relating to payment of deposit, visa, pass and levy by the worker to the Immigration Department.
• Deposit can only be refunded if the employer or sponsor has submitted proof that the worker has left the country or has been released to another employer with the approval of the Immigration Department.
• Worker must return to the country of origin as soon as possible after resigning, being dismissed or when the Visit Pass (Temporary Employment) has expired or been canceled.
• The approval for Visit Pass (Temporary Employment) can be revoked if it contravenes the conditions set out by the Immigration Department.

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