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Foreign Worker
REQUIREMENTS FOR HIRING FOREIGN WORKERS
- Working in sectors; Manufacturing, Construction, Agriculture, Plantation, and Services;
- Applications for foreign workers by employers/companies are subjected to quotas approval from One Stop Centre (OSC), Ministry of Human Resources;
- Age between 18 to 45 years at the time of application;
- Certified healthy by health examination centre in the source country; List of health centres
- Respective employees are not included in the list of foreign individuals prohibited from entering under Section 8(3) Immigration Act 1959/1963; and
- Foreign workers must be from source countries allowed such as follows:
| COUNTRY | GENDER | SECTOR | |
|---|---|---|---|
| FEMALE | MALE | ||
| INDONESIA | Allowed to work in all sectors | ||
| THAILAND | |||
| CAMBODIA | |||
| BANGLADESH | |||
| MYANMAR | |||
| LAOS | |||
| VIETNAM | |||
| PAKISTAN | |||
| SRI LANKA | |||
| TURKMENISTAN | |||
| UZBEKISTAN | |||
| KAZAKSTAN | |||
| NEPAL | Permitted to work in all sectors and security sector (male) as a security guard. | ||
| PHILIPPHINES | Male workers allowed in all sectors, and female workers allowed only for Domestic Helper. | ||
| INDIA | Allowed for the service sector (sub-sectors of Indian community business, laundry / cleaning, and cargo) agriculture farming, manifacturing, and construction. | ||
NOTE
Source : Ministry of Human Resources (MoHR)
APPLICATION PROCEDURES
Phase 1 (Before Arrival )
- Foreign workers will only be allowed to enter into the country through designated entry points using the VDR issued by the Immigration Department of Malaysia and the Entry Visa issued by the Malaysian Representative Office in the home country.
- Employers must ensure that the clearence of foreign workers are within six (6) hours of their arrival.
- For the purpose of issuing the Visit Pass Temporary Employment (VPTE), employers are given a period of 30 days to conduct health examination of foreign workers at the registered health centre with FOMEMA.
- The VPTE will only be issued after the foreign worker is certified healthy by a health centre registered with FOMEMA. If the foreign worker is found to be unfit, the employer must promptly send the foreign worker back to their origin country by applying the Check Out Memo (COM).
- The issuance of VPTE must only be done at the Immigration Office which issued the VDR approval.
NOTE
Application for foreign workers to work in Sabah and Sarawak are subject to jurisdiction of the respective State Goverments according to the established procedures.
Phase 2 (After Arrival)
- Foreign workers will only be allowed to enter the country at the authorized entry points using the VDR issued by the Immigration Department and entry visa issued by the Malaysian Attachés Office in the country of origin.
- Employers must ensure that the clearance process of foreign workers at the entry points is done within 24 hours from the arrival time.
- The issuance of Visit Pass (Temporary Employment) [VP(TE)] to the foreign workers will only be done after they have passed the FOMEMA medical examination within 30 days which can be done at any medical centres registered with FOMEMA.
- VP(TE) will be issued once the foreign worker is certified fit by clinic/ medical centre registered with FOMEMA. Failing which, the foreign worker will not be allowed to stay and work in this country. Employers are required to apply for Check Out Memo for the repatriation of the foreign worker.
- Issuance of VP(TE) shall be made at the Immigration Office which issued the VDR approval letter.
EXTENSION OF VP(TE)
- VP(TE) is valid for a period of 12 months. Employers can apply for VP(TE) extension 3 months before the expiry date.
- Employers must ensure the extension application is made before the VP(TE) expires. Any application submitted after the expiry date will be referred to the Immigration Enforcement Division for consideration.
- Application of VP(TE) extension must adhere to this checklist :
- The passport of the foreign worker is still valid for 12 months and above
- Application letter to extend the VP(TE)
- Identification document of employee/ company representative (SSM company / Form 49 / Form B & D / Card Company Representative / Form Company representatives have endorsed / copy of the employer ‘s identity card)
- The security bond is a form of bank guarantee/insurance guarantee/deposit ( validity period of bank guarantee/insurance guarantee is at least 18 months )
- Insurance policy of Health Insurance Protection Scheme Foreign Workers (SPIKPA) – except for plantation sector
- Slip of Foreign Workers Compensation Scheme ( FWCS )
- Foreign workers must undergo a medical examination and be certified fit by the clinic/ medical center registered with FOMEMA (for 2nd and 3rd-year extension only)
EMPLOYMENT PERIOD AND REPATRIATION
- Foreign workers are allowed to work in this country every year for up to 10 years. However, those registered under the 6P Program are allowed to work up to 3 years only.
- Upon completion or termination of employment, the employers must ensure that foreign workers are deported to their origin countries by using Check Out Memo. Security bond can be claimed provided the repatriation process is done accordingly through Check Out Memo.
FEES FOR VP(TE) EXTENSION
The following fees must be paid to the Immigration Department for VP(TE) extension application:
| SECTOR | LEVY (Peninsular) |
LEVY (Sabah / Sarawak) |
VP(TE) | PROCESS | VISA |
|---|---|---|---|---|---|
| Manufacturing | RM1,850.00 | RM1,010.00 | RM60.00 | RM125.00 | Based on nationality |
| Construction | RM1,850.00 | RM1,010.00 | RM60.00 | RM125.00 | |
| Plantation | RM640.00 | RM590.00 | RM60.00 | RM125.00 | |
| Agriculture | RM640.00 | RM410.00 | RM60.00 | RM125.00 | |
| Services | RM1,850.00 | RM1,490.00 | RM60.00 | RM125.00 | |
| Services (island resort) | RM1,850.00 | RM1,010.00 | RM60.00 | RM125.00 |
Table 1 : Rate of levy, VP(TE) and process fee based on different sectors
| WARGANEGARA | VISA (RM) | BON JAMINAN (RM) |
|---|---|---|
| Indonesia | 15 | 250 |
| Bangladesh | 20 | 500 |
| Pakistan | 20 | 750 |
| Myanmar | 19.5 | 750 |
| India | 50 | 750 |
| Filipina | 36 | 1,000.00 |
| Thailand | Percuma | 250 |
| Kemboja | 20 | 250 |
| Nepal | 20 | 750 |
| Vietnam | 13 | 1,500.00 |
| Sri Lanka | 15 | 750 |
Table 2 : Rates of Visa and security bond based on nationality
- Payment can be made in cash or bank drafts to the “Director General Of Immigration Malaysia”.
- For the state office, address it to the “Director Of Immigration of (the respective states)”. For example; Director Of Immigration Selangor)
- Foreign workers who hold the VP(TE) permit must adhere to these conditions :
- family members are not allowed to accompany or live in this country;
- must not work as a front liner;
- change of employers or employment sectors is not allowed;
- marriage is prohibited with local or foreign citizens
ABSCONDMENT OF FOREIGN WORKERS
- Foreign workers can be categorized as absconded when:
- leaving work place without notifying the employers with the intention to escape; and
- not returning to work place after coming back from origin country
- Employers are required to notify the Immigration Department for absconded cases and must provide these documents:
- identification document of employer/company representative
- Copy of foreign worker’s passport
- Foreign worker absconded form
- Valid police report
- Foreign workers who commit the act of abscondment will be blacklisted by the Immigration Department.
- Their security bonds will be confiscated as well.
FOREIGN WORKERS (COLOURED) IDENTITY CARD BY SECTORS OF EMPLOYMENT (i-KAD)
- Foreign workers with valid VP(TE) will also be issued the i-Kad and its validity period is the same with the VP(TE).
- The issuance of i-Kad does not incur any additional cost to the employers and it will be sent directly to the employer/company by the authorized vendor.
- The issuance of i-Kad is based on 6 employment sectors allowed in this country and they are indicated by different colours, as follows:
