➢ You have not faced legal charges related to human trafficking or forced labor
➢ You haven’t been found in breach of the Employment Act in the past
➢ You don’t have any unresolved violations concerning social security, minimum wage, or housing standards
➢ Your business sector qualifies for hiring migrants. The industries that are eligible for employing foreign workers include:
- Manufacturing
- Agriculture
- Construction
- Plantation
- Services (e.g., cooking, cleaning, accommodation, golf caddy, cargo handling, etc.)
➢ You must give priority to local job seeker by advertising the position to Malaysian nationals
➢ You must receive approval from the Director General of Labor (DGL) before hiring foreign workers. The application can be submitted online through DGL’s website
➢ The information you will need to provide includes:
- The vacancy that needs to be filled
- The total workforce count
- The number of foreign employees
- The company’s registration number from the Companies Commission of Malaysia
- Contact particulars and location
- The company’s current status (active or inactive)
- The industry in which your business is operating
➢ You will also need to address the following queries:
- Is there a record of employee information maintained on the company premises?
- Does the company provide employees with a copy of their employment contract?
- How many paid holidays do employees usually receive yearly?
- What is the company’s payday?
- Does the company issue payslips to its employees?
- What are the typical working hours?
- What is the annual sick leave entitlement for employees?
- Does the company make contributions towards employee social security?
- Has the company ever faced charges under the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007?
➢ You must obtain the quota to hire foreign workers in Malaysia. To do so, you must submit an application to the Ministry of Home Affairs, One Stop Centre (OSC)
➢ Required documents:
- Form for requesting foreign worker quota
- Photograph or company site brochure
- Additional documents as per industry specifications
➢ Levy payment rates:
- Manufacturing, Construction, and Services – RM 1,850
- Plantation and Agriculture – RM 640
➢ Post a job ad on VideoWorkers and select from the candidates who applied or search the database directly
➢ After finding a good match, conduct the interview and make a job offer
➢ Make sure the candidates you recruit meet the following requirements:
- They must be aged 18 to 45
- They must be deemed fit and healthy as approved by the medical center in their country of residence
- They must not be on the list of foreigners who are prohibited from entering Malaysia under Section 8 (3) of the Immigration Act 1959/1963
- Candidates who are to work under a Visitor’s Pass for Temporary Employment (which is the most common type of Employment Pass in Malaysia) must come from specific countries. These countries include:
- Bangladesh – can work only in the plantation sector via government agreements
- Cambodia
- Indonesia – male citizens can work only in the manufacturing sectors whereas females can work in all sectors
- Philippines – only male citizens can work in Malaysia
- Laos
- Myanmar
- Vietnam
- India – not allowed to work in manufacturing sector
- Nepal
- Kazakhstan
- Sri Lanka
- Thailand
- Pakistan
- Turkmenistan
- Uzbekistan
➢ You must obtain the Immigration Security Clearance (ISC) results for your future employee
➢ You can obtain an Immigration Security Clearance from an ISC center located in the applicant’s country of origin
➢ You must apply for a Visa with Reference (VDR) at the Immigration Department
➢ Required documents:
- VDR application form fully completed and signed
- Approval letter from Ministry of Home Affairs (quota approval)
- Proof of levy payment
- IM.12 & IM.38 forms
- Security bonds (deposits/insurance guarantee/bank guarantee)
- Copy of worker’s passport
- A passport-size photo of the worker
- Medical report from the country of origin approved by the Ministry of Health
- Worker’s Compensation Scheme (insurance)
- Health Insurance Protection Scheme Foreign Workers (SPIKPA)
➢ Application fee: between RM 60 and RM 500 depending on the applicant’s citizenship
➢ Your future employee must apply for an entry visa at the Malaysian Consulate or Embassy in their country of residence
➢ Required documents:
- Passport valid for at least six months
- Completed visa application form
- Two recent passport-size photos
- Invitation letter from employer
- Certified Company Registration documents
- Copy of medical report
- Immigration Security Clearance (ISC) results
- Any additional documents that the Embassy may request, such as flight tickets, bank statements, etc.
➢ Processing time: a few business days
➢ Within 30 days of entering Malaysia, your employee must undergo a medical examination with FOMEMA
➢ If your employee’s health status is not satisfactory, they can submit an appeal
➢ If the appeal is rejected, your employee will be forced to return to their country of residence
➢ Processing time: a few business days
➢ In order for your worker to obtain a Visitor’s Pass for Temporary Employment, you must submit the worker’s passport and insurance policies to the Immigration Department
➢ Upon approval of the pass, your worker will obtain a work permit sticker and ID card (i-Kad)
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