|
Semi-skilled & Unskilled Foreign Workers |
| |
|
|
Application for Foreign Worker in Manufacturing, Plantation, Construction
and Service Sectors
Application of foreign worker in allowed sectors except for Foreign Domestic
Helper have to be made at One Stop Centre, Ministry of Home Affairs.
|
 |
Approved
Sectors |
|
|
|
Manufacturing
Sector
It covers all export oriented manufacturing, that is where more
than 50% of its production is for export.
Non-export orientated manufacturing, which are:-
- wood
based industry
-
furniture industry
-
rubber based industry
-
plastic based industry
-
food processing and manufacturing industry
-
building materials industry
-
iron, steel and mining industries
-
ceramic industry
-
textile industry
-
footwear industry
-
engineering and fabrication industry
-
manufacturing related industries
-
quarry and bitumen industry
The
specified criteria for the employment of foreign by non-export orientated
industries are:-
- total
sales of RM2 million and above
-
company's minimum paid-up capital of RM100,000
|
|
|
Plantation
Sector
It covers the following sub-sectors:-
- Crops
-
Food
-
Floriculture
-
Animal husbandry
-
Aquaculture
|
|
|
Construction Sector |
|
|
Service Sector
It covers the following sub-sectors:-
- Restaurants
(general workers and cooks)
- Allowed
to work in restaurants throughout the country as cooks and
general workers (dish washers, restaurant cleaners) only
- Foreign
workers are not allowed to work as waiters/waitresses and
cashiers
- Cleaning
- Companies
must enclose a complete and stamped contract
- Not
qualified to work as cleaners for the employing company
- Not
allowed to work as car and bus washers, petrol station cleaners
and other maintenance workers
- Cargo
handling at seaports and airports
- Welfare
homes
- Laundries
- Golf
clubs - caddies only
- Resort
islands (not including Penang)
|
|
 |
Countries
of Origin and Approved Sectors |
|
|
Country
|
Sector
|
Indonesia
Thailand
Cambodia
Nepal
Myanmar
Laos
Vietnam
The Philippines
|
Allowed
to work in the manufacturing, service, plantation and construction
sectors only |
Turkmenistan
Uzbekistan
Kazakhstan
|
Allowed
to work in the manufacturing, service and construction sectors only |
| India |
Service
(restaurant cooks), construction (high-voltage cable workers) and
plantation sectors |
|
 |
Application
Procedures for Foreign Worker |
|
| |
|
|
| |
|
New
Applications (Approval of KHEDN)
| ·
|
Use
form KDN/PA 2/98 and send it to:
| |
Pusat
Kelulusan Setempat di KHEDN
Immigration Department of Malaysia
Level 4 (Podium) Block 2G4,
Precint 2, Federal Government Administration Centre,
62550 Putrajaya,
FEDERAL TERRITORY
|
|
| ·
|
Application
must be made personally by the applicant/company/employer |
| ·
|
Application
by an agent/through a middleman is not allowed and will be rejected.
|
|
| |
|
| Application
for Replacement of Foreign Workers |
| ·
|
Application
for replacement of foreign worker may only be made for the
following reasons:
- Workers
returned to their country of origin
- Demise
of workers
|
| ·
|
Application
for replacement of foreign worker can only be made personally
by the company/employer. Application by an agent/through a middleman
is not allowed and will be rejected. |
| |
The
documents required for an application for replacement of foreign
workers:
- Employer's
letter of application
- Form
IMM/BPA.229/857
- Copy
of Exit Pass Memo/Death Certificate
|
| Approved
Sectors for Replacement |
| |
- Manufacturing
sector
- Construction
sector
- Plantation
sector
-
Which covers crops, food, animal husbandry, floriculture
and aquaculture
- Service
sector
- Restaurants
- Cleaning
- Cargo
handling
-
Welfare homes
-
Laundries
-
Caddies (golf courses)
- Resort
islands (except Penang)
The
countries of origin of foreign worker replacement are restricted
to:
- Indonesia
-
Thailand
- Cambodia
Nevertheless,
foreign worker replacement from certain countries are allowed,
as follows:
- Sri
Lanka, to work in tea and rubber plantations
-
India, to work as tool and die makers in the manufacturing
sector, and as construction workers dealing in the installation
of high-voltage cables
-
Nepal, will only be allowed on important, specific and special
grounds
|
| Application
for Referred Visas |
| ·
|
A
Referred Visa means a visa issued by a Malaysian Foreign Mission
to a foreigner for which the said visa has been previously
applied by the employer at the relevant immigration offices
and which issue has been approved.
The documents required for an application for Referred Visa
for foreign worker of various sectors are:
- Employer's
letter of application
- The
original approval letter and a copy from the Ministry of
Home Affairs (KHEDN) (for new approval) or the Department
of Immigration, Malaysia (for approval for replacement)
- Security
deposit/bank guarantee - valid for at least 18 months
- Computer
form (employer's particulars)
- Payment
in the form of a bank draft/postal order*
- Form
IMM12
- Copy
of passport of the prospective foreign worker
- Medical
report from a clinic in the worker's country of origin which
is recognised by the Ministry of Health, Malaysia
- Application
form for Referred Visa (VDR) (VDR issuing office and the
point of entry applied for)
|
| Application
for Temporary Relocation of Foreign Workers |
| |
An
employer may apply to temporarily relocate foreign workers
by submitting the following documents:
- Employer's
letter of application
-
A copy of the employer's identity card
-
A contract agreement (letter of award) from the sponsors,
with complete address
-
List of names of the workers involved
-
A copy of the stamped page/page with the sticker of the
worker's passport
An
employer is permitted to temporarily relocate only those workers
whose names have been approved for a certain term, that is
until completion of the contract with the sponsor.
|
| Application
for Variation of Name and Address of Company |
| |
The
documents required for application to vary the name and address
of a company are:
- Employer's
letter of application
-
A copy of the employer's identity card
-
Company Registration Form (Forms 9, 13 and 49 or Forms B
and D)
-
A copy of the worker's passport
-
Copies of water, electricity and telephone bills under the
name of the new employer
-
Tenancy Agreement as proof of rental
-
Manufacturing licence
The
application received will be investigated upon and reviewed,
that is:
-
Checking the expiry date of the worker's PLKS
-
Where necessary, making telephone calls to check the change
in name and address
- Requesting
confirmation of name and address from TNB, STMB or JBA
An
approval letter will be duly issued, and the variation in
name and address of the company will be entered in the Department's
computer system. The employer must produce the worker's passport
for issue of new PLKS sticker.
|
Application by Employer or State Immigration/Police for Confirmation
of Arrest |
| |
Where
a foreign worker is arrested by the police, the employer must
report the matter to the Foreign Worker Division for confirmation
of arrest.
The documents required for confirmation of arrest are:
- Employer's
letter of application
- Letter
of confirmation of arrest from the relevant authority
-
A copy of the employer's identity card
- A
copy of the worker's passport
The Foreign Worker Division will investigate and check the
referred case from the Department's computer system in respect
of similiarity of appearance, expiry date of PLKS, authenticity
of the PLKS sticker and other particulars.
The
Foreign Worker Division will on the same day issue and provide
the employer with a letter of confirmation of the authenticity
of the PLKS sticker and will send the same by fascimile to
the relevant authority.
|
| Procedure
for Application for Refund of Levy |
| |
An
employer may apply for a refund of the levy paid to the Department
of Immigration, Malaysia based on the following reasons:
Medically Unfit Foreign Worker
The following documents must be submitted:
- Employer's
letter of application
-
Both receipts of payments/a statutory declaration, if the
receipts are lost
-
Application form for refund of levy
- A
copy of the worker's passport
-
Both payment forms
|
| Procedure
for Application for Refund of Bank Guarantee |
| |
Where
the workers have returned to their country of origin, an employer
may apply for a refund of the bank guarantee.
The
following documents must be submitted:
- Employer's
letter of application
-
A copy of the bank guarantee and a list of names of the
workers
-
A copy of the new bank guarantee and a list of names of
the workers
-
A copy of the Exit Pass Memo and where a foreign worker
has returned to his country of origin, a copy of the cancelled
passport
-
A copy of the death certificate
Where a foreign worker has absconded, the employer may apply
by submitting a copy of the police report and confirmation
from the relevant Foreign Mission. However, approval is
at the discretion of the Department of Immigration, Malaysia.
|
| Procedure
for Application for Refund of Security Deposits |
| |
Where
the foreign workers have returned to their country of origin,
an employer may apply for a refund of security deposits.
- Employer's
letter of application
-
The original security deposit receipt
-
Exit Pass Memo
-
The company's bank account number or for an individual employer,
his identity card number
|
|
| |
|
Application
for |
| |
|
SABAH
| |
An
employer is allowed to employ foreign workers from Indonesia
and the Philippines only. Before applying for PLKS, an employer
must have the licence from the Labour Department, Sabah and
the approved quota of Indonesian foreign workers from the Committee
on Indonesian Foreign Labour in Sabah from:
The Secretariate
Permanent Committee on Indonesian
Foreign Worker in Sabah
Department of Immigration, Sabah
Levels 4 & 5, Wisma Dang Bandang
Jalan Tuanku Abdul Rahman
88550 Kota Kinabalu
Having been granted the licence and the employment quota, the
employer must submit the application for PLKS at the nearest
Immigration Office at Kota Kinabalu, Sandakan, Tawau or Labuan. |
|
| |
|
FEDERAL
TERRITORY OF LABUAN
| |
An
employer is permitted to employ foreign worker from Indonesia,
the Philippines, Thailand, Bangladesh and Pakistan only. Application
for PLKS for foreign workers must be submitted to:
The
Secretariate
Committee on Foreign Worker
Immigration Office
Federal Territory of Labuan
87077 Labuan
|
|
| |
|
SARAWAK
| |
An
employer intending to employ foreign worker is required to obtain
a licence and the employment quota from:
The Director
Department of Labour, Sarawak
Level 13, Sultan Iskandar Building
Jalan Simpang Tiga
P.O. Box 1383
93532 Kuching
Having been granted the licence and the employment quota, the
employer must submit his application for PLKS at the nearest
Immigration Office. |
|
| |
|
 |
Employment
Term of Foreign Worker |
|
| |
Employment Term
Foreign workers are initially allowed to work for three (3) years
only and may, upon application by the employer, be extended, from
year to year, to the fifth year.
|
| |
Extension
after the Fifth Year |
| |
- For
an extension after the fifth year, the employer must obtain certification
from the National Vocational Training Council (MLVK), the Ministry
of Human Resources or the Construction Industries Development
Board, Malaysia (CIDB) that the particular worker is a skilled
worker.
|
| |
The foreign worker must obtain either:
- The
Malaysian Skills Certificate (SKM) levels I & II or Skilled
Workers Certification from MLKV or
- Skills
Proficiency Certificate (SKK) or Skilled Foreign Workers Certification
from CIDB before an application for the extension is considered
|
| |
|
|
| |
|
|
| |
|
| |
|
|
 |
Checklist for Payment for Referred Visa and
Application for Extension |
|
| Levy,
PL(KS) and Process Fees For New and Extension Application. |
|
Payment
|
Levy
(1 year)
|
PLKS
|
Processing
|
|
Manufacturing, Service and Construction Sectors |
RM1,200.00(
Pen. Malaysia )
RM 960.00( Sabah & Sarawak)
|
RM60.00 |
RM50.00 |
|
Plantation Sector |
RM360.00 |
RM60.00 |
RM10.00 |
|
| |
| Visa
Fees and Security Deposit For New and Extension Application. |
|
Nationality
|
Visa
|
Security
Deposit
|
| Indonesia |
RM
15.00 |
RM
250.00 |
| Bangladesh |
RM
20.00 |
RM
500.00 |
| Pakistan |
RM
20.00 |
RM
750.00 |
| Myanmar |
RM
19.50 |
RM
750.00 |
| India |
RM
50.00 (Single Entry Visa)
RM 100.00 (Muliple Entry Visa) |
RM
750.00 |
| Phillipines |
RM
36.00 |
RM
1,000.00 |
| Thailand |
Gratis |
RM
250.00 |
| Kemboja |
RM
20.00 |
RM
250.00 |
| Nepal |
RM
20.00 |
RM
750.00 |
| Vietnam |
RM
13.00 |
RM
1,500.00 |
|
|
|
| |
| |
|
List of clinics or hospitals
for Foreign Worker Checking in Source Countries 2007 |
|
|
APPLICATION
FOR FOREIGN DOMESTIC HELPERS (PRA) |
|
|
 |
Guidelines
for Employment of PRA |
|
Source countries:
- Indonesia
- Thailand
- Kemboja
- Philippines
- Sri
Lanka
- India
- Nepal
- Vietnam
- Laos
|
|
| |
Guideline
for Employment of PRA
|
| |
|
An
application must be made according to the employer's address and at
the Immigration Office of the state where the employer resides. |
| |
|
While
awaiting the processing of an application, the prospective PRA must
be in her country of origin. The worker will only be allowed entry
into the country using the Referred Visa and after her PLKS has been
approved. |
| |
|
The
prospective PRA must be a person who is not persone non gratae of
Malaysia under Section 8(3) Immigration Act 1959/63 (Amendment 2002). |
| |
|
The employer must have children who need care and attention or parents
who are ill. |
| |
|
The
employer and his/her spouse must be working and a family may apply
for only one PRA. |
| |
|
PRAs
from Indonesia, Thailand, Cambodia, Sri Lanka and the Philippines
only are allowed for employment. |
| |
|
The
PRA must be a female between the ages of 25 and 45 years. |
| |
|
The
PRA is not permitted to bring members of her family to reside in this
country. |
| |
|
The
PRA is not permitted to change employer or employment sector without
the approval of the Department of Immigration, Malaysia. |
| |
|
The
employer is fully responsible for the payment of the deposit, visa,
pass and levy of the PRA. |
| |
|
An
employer intending to employ a PRA from the Philippines or Sri Lanka
must have income exceeding RM5,000.00 and RM3,000.00 for a PRA from
Indonesia, Thailand and Cambodia. |
| |
|
The
endorsement on the PLKS must be obtained from the approving State
Immigration Department within one month from the date of entry of
the PRA. |
| |
|
The
PRA IS NOT PERMITTED TO MARRY a local resident or other foreign worker
in this country. |
| |
|
The
PRA must at all times practise good conduct and not be involved in
any activities contrary to the local culture and norms. |
| |
|
Application
for extension of PLKS must be submitted at any Immigration Office
three (3) months before its expiry. |
| |
|
A
non-Muslim employer must provide suitable accommodation to a Muslim
PRA and she is not to be made to perform work contrary to Islam and
must not handle dogs and pork. |
| |
|
The
PRA will be issued with a Multiple Entry Visa for a term of 12 months. |
| |
|
The employer has the responsibility of reporting to the Department
of Immigration, Malaysia where a PRA ceases employment/her employment
is terminated or she disappears or absconds from her usual workplace. |
| |
|
The
employer has the responsibility of returning a PRA to her country
of origin, where her service has been terminated, or she has applied
for termination of service, or her pass has expired or has been revoked,
by obtaining the Exit Pass Memo from the Immigration Office. |
| |
|
The
Department of Immigration has the right to revoke an approval or a
pass which has been issued. |
| |
|
A
PRA holding a PLKS is not allowed to apply for an Entry Permit |
| |
|
|
| |
Employment
Contract |
| |
|
Term
of contract - from year to year, effective from the date of arrival
of the worker.
Place
of work - a PRA is allowed to work and reside only at the employer's
residence as specified in the PLKS sticker.
|
| |
|
|
| |
Duties
and Responsibilities of PRAs |
| |
|
Must
be loyal and efficient in performing her domestic duties/work |
| |
|
Must
fulfil all instructions from her employer, in relation to the performance
of her duties |
| |
|
Must
work for her employer only and not for other employers |
| |
|
Must
be courteous and respectful to her employer and the employer's family
at all times |
| |
|
Must
observe the laws of Malaysia and the culture of her people |
| |
|
|
| |
Accommodation/Food/Medical
Treatment |
| |
|
The
employer must provide the PRA with free accommodation and water and
electricity supplies |
| |
|
The
employer must provide the PRA with at least three (3) nutritious meals
a day |
| |
|
Where
the PRA falls ill or is injured during the course of duty, the employer
must bear the cost of medical expenses |
| |
|
|
| |
Rest
Days |
| |
|
The
employer must allow the PRA one rest day weekly. The rest day must
be a continuous period not exceeding 24 hours. Should the PRA be required
to work by the employer on her rest day, the employer must duly compensate
the PRA. |
| |
|
|
| |
Termination
of service |
| |
|
The
employer may terminate the above agreement on the grounds that the
PRA: |
| |
|
Has
intentionally worked for another employer |
| |
|
Has
intentionally disobeyed reasonable instructions in relation to her
duties |
| |
|
Has continuously neglected her duties and is regularly late in starting
her work |
| |
|
Has
been found guilty of cheating or dishonesty |
| |
|
Is
pregnant |
| |
|
Is
involved in illegal activities such as drug abuse, prostitution, subversive
and criminal activities |
| |
|
|
| |
A
PRA may terminate the contract without notice, where: |
| |
|
She
has reasonable apprehension of her safety or suffers physical injury
due to violence or diseases |
| |
|
She
is a victim of abuse or ill-treatment by the employer |
| |
|
The
employer has breached any term specified in the contract |
| |
|
|
| |
|
Note |
| |
|
Where
a PRA absconds, the employer should report the matter to the Department
of Immigration, Malaysia.
An
attachment fee of the following amounts is imposed for a PRA who
absconds:
|
| |
|
Indonesia
- RM250.00
The Philippines - RM750.00
Thailand - RM250.00
Cambodia - RM250.00
Sri Lanka - RM750.00 |
| |
|
|
|
 |
Work
Flow Chart of Application for PRAs (New) |
|
| |
| |
|
Send
the employment contract and the appendix where relevant, to the PRA
for her signature. |
| |
|
Obtain
the signed employment contract from the PRA together with her medical
report from a hospital or clinic appointed by the Ministry of Health,
Malaysia and a copy of her passport. |
| |
|
Ensure
that all documents, such as the list of employees and application
forms, are duly completed. |
| |
|
Obtain
queue number at the counter and wait until you are called. |
| |
|
An
individual application will be processed within seven (7) days and
an application by registered PRA agents will be processed within fourteen
(14) days. |
| |
|
Produce
the approval letter when making payment. Ensure that an official receipt
is obtained. |
| |
|
Send
the approval letter and the original receipt for payment to the prospective
PRA for submition to the Malaysian Foreign Mission to obtain a visa. |
| |
|
The
employer must receive the PRA at the point of entry, at the time of
her arrival. |
| |
|
Within
one (1) month from the date of arrival of the PRA, the employer must
present himself at the Immigration Office which issued the approval
letter, with the PRA's passport, to obtain the PLKS sticker. |
|
 |
Document Checklist for New Application |
|
| |
|
Employer's
particulars (Form PRA 1) |
| |
|
Form
IMM12
|
| |
|
Form
IMM38 |
| |
|
A
stamped personal bond - RM10 |
| |
|
A
stamped employment contract by PRA - RM10 |
| |
|
Copy of employer's (husband and wife) identity cards |
| |
|
Medical
report of the prospective PRA from the panel of clinics in the country
of origin appointed by the Ministry of Health, Malaysia |
| |
|
A
non-Muslim employer who employs a Muslim PRA is required to complete
Appendices A and B while an employer who submits an individual application
must complete Appendix C |
| |
|
Copy
of employer's (husband and wife) income tax statement (Form J) |
| |
|
Children's
birth certificates or medical report of medically unfit family members
from a registered doctor |
| |
|
Letter
of confirmation of employer's salary/income |
| |
|
Note:
Please bring the original documents for the purpose of certification. |
| |
|
|
| |
Payment
for Temporary Employment Visit Pass (PLKS) |
| |
|
Levy
- RM360.00 |
| |
|
PL(KS)
- RM60.00 |
| |
|
Processing
- RM10.00 |
| |
|
|
| |
Multiple
Entry Pass (MEV) |
| |
|
RM15.00
- Indonesia |
| |
|
RM36.00
- The Philippines |
| |
|
RM20.00
- Cambodia |
| |
|
RM15.00
- Sri Lanka |
| |
|
Gratis
- Thailand |
| |
|
| |
Total
Payment |
| |
|
Indonesia
- RM430.00 (RM445 for a visa issued in Pontianak) |
| |
|
Thailand
- RM430.00 |
| |
|
The
Philippines - RM466.00 |
| |
|
Cambodia
- RM450.00 |
| |
|
Sri
Lanka - RM445.00 |
| |
|
|
| |
An
employer may also apply for PLKS or extension of PLKS of his PRA for
a term of 24 months. Approval of PLKS for 24 months will be issued. |
| |
|
| |
Claim
for Refund of Second Year Levy |
| |
|
The
claim for refund is only for the levy. No claim for refund of the
first year levy is allowed except where the PRA does not enter the
country. The levy may be used for a replacement PRA. |
| |
|
A
claim for refund of the second year levy is allowed or it may be used
for a replacement PRA only where the service contract is terminated
or the PRA absconds during the first year. |
| |
|
Three
(3) months before expiry of the first year of service, the State Immigration
Office/Foreign Worker Division will notify the employer to carry out
a medical examination on the PRA. |
| |
|
|
| |
Payments
are as follows |
| |
|
| |
12
Months
|
24
Months
|
| Levy |
RM360.00
|
RM720.00
|
| PLKS |
RM60.00
|
RM120.00
|
| MEV |
(Depending
on country of origin)
|
| Processing |
RM10.00
|
RM10.00
|
|
| |
Payment
must be in the form of a bank draft/postal order payable to 'KETUA
PENGARAH IMIGRESEN MALAYSIA' if made at the headquarters or payable
to PENGARAH IMIGRESEN NEGERI of the respective state if made at the
state. |
|
 |
Payment for Temporary Employment Visit Pass
(PLKS) |
|
|
Payment for Temporary Employee Visit Pass (PLKS) |
|
Levy
- RM360.00
PL(KS) - RM60.00
Processing - RM10.00 |
|
Multiple
Entry Visa |
|
|
RM15.00 - Indonesia |
|
|
RM36.00
- Phillipines |
|
|
RM20.00
- Kemboja |
|
|
RM15.00
- Sri Lanka |
|
|
Gratis
- Thailand |
|
Total
Payment |
|
Indonesia - RM430.00 (RM445 for a visa issued in Pontianak)
Thailand - RM430.00
The Philippines - RM466.00
Cambodia - RM450.00
Sri Lanka - RM445.00
An employer may also apply for PLKS or extension of PLKS of his
PRA for a term of 24 months. Approval of PLKS for 24 months will be
issued.
|
|
Claim
for Refund of Second Year Levy |
|
- The
claim for refund is only for the levy. No claim for refund of
the first year levy is allowed except where the PRA does not enter
the country. The levy may be used for a replacement PRA.
- A
claim for refund of the second year levy is allowed or it may
be used for a replacement PRA only where the service contract
is terminated or the PRA absconds during the first year.
- Three
(3) months before expiry of the first year of service, the State
Immigration Office/Foreign Division will notify the employer to
carry out a medical examination on the PRA.
Payments
are as follows:
| |
12
months
|
24
months
|
| Levy |
RM360.00
|
RM720.00
|
| PLKS |
RM60.00
|
RM120.00
|
| MEV |
(depending
on country of origin)
|
| Processing |
RM10.00
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RM10.00
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Payment
must be in the form of a bank draft/postal order payable to 'KETUA
PENGARAH IMIGRESEN MALAYSIA' if made at the headquarters or
payable to PENGARAH IMIGRESEN NEGERI of the respective state if
made at the state.
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Work
Flow Chart of Application for PRAs (Extension) |
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Medical report from FOMEMA (http://www.fomema.com.my) |
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Original
passport of the PRA |
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Payment
by bank draft/postal order |
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Levy
- RM360.00
PL(KS) - RM60.00
Processing - RM10.00
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Multiple Entry Visa |
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