Recruitment Terms And Conditions of Foreign Workers According to Malaysia Immigration Department

Only permitted to work in these sectors – Manufacturing, Construction, Plantation, Agriculture and Services;

Quota of foreign workers must be obtained by employers / companies from Ministry of Home Affairs, One Stop Centre (OSC);

Age of not less than 18 years and not more than 45 years at the time of application;

Certified PASS for Immigration Security Clearance (ISC) at the source country; List of ISC Centres

Certified as fit and healthy by the approved medical centre in the source countries; List of medical centre

Not listed as foreign individuals who are prohibited from entering this country under Section 8 (3) of the Immigration Act 1959/1963; and

Foreign workers must come from approved source countries as below:

Country	Gender		Sector
	F	M
Thailand	/	/
Cambodia	/	/
Nepal	/	/
Myanmar	/	/
Laos	/	/
Vietnam	/	/	All Sectors (Construction, Plantation, Agriculture, Services, Manufacturing)
Philippines	X	/
Pakistan	/	/
Sri Lanka	/	/
Turkmenistan	/	/
Uzbekistan	/	/
Kazakhstan	/	/
India	/	/
Indonesia	/	/	Male workers from Indonesia are allowed to work in all sectors except Manufacturing, while female workers from Indonesia are allowed to work in all sectors stipulated.
Bangladesh	/	/	Plantation via G to G agreement

APPLICATION PROCEDURES

Phase 1 (Pre Arrival )

–       Employers must first get the PASS Immigration Security Clearance (ISC) result at the ISC centre in the source countries.

–       Employers must first apply to the Immigration Department for a Visa with Reference (VDR) approval before employing foreign workers.

–       Application forms for VDR can be submitted either at the Immigration counters or online via e-Services system.

–       VDR application must follow this checklist:

·           VDR application form
·           Approval letter from Ministry of Home Affairs (Quota approval)
·           Original receipt of payment for levy
·           IM.12 and IM.38 Forms
·           Security bond – deposits / insurance guarantee / bank guarantee (insurance guarantee must be stamped and valid for at least 18 months )
·           Copy of the foreign workers’ passports
·           Latest photo of the foreign workers (passports size)
·           Medical certificates from the medical centre in origin countries (valid for 3 month from the date of issuance)
·           Foreign Worker Compensation Scheme (insurance)
·           Insurance policy of Health Insurance Protection Scheme Foreign Workers (SPIKPA) – Except for Plantation Sector

–       Foreign workers must remain in their respective countries while pending VDR approval from Malaysia Immigration Department.

Note: For Sabah and Sarawak, the approval for foreign worker’s employment is governed by the State Government accordingly.

Phase 2 (Post 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 :

·           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)
·           Security bond in 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 medical examination and certified fit by the clinic/ medical centre registered with FOMEMA (for 2nd and 3rd year extension only).

EMPLOYMENT PERIOD AND REPATRIATION

– Foreign workers are allowed to work in this country on a yearly basis up to 10 years. However, those registered under the 6P Program is 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

NATIONALITY	VISA (RM)	SECURITY BOND (RM)
Indonesia	15.00	250.00
Bangladesh	20.00	500.00
Pakistan	20.00	750.00
Myanmar	19.50	750.00
India	50.00	750.00
Philippines	36.00	1,000.00
Thailand	Gratis	250.00
Cambodia	20.00	250.00
Nepal	20.00	750.00
Vietnam	13.00	1,500.00
Sri Lanka	15.00	750.00

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 front liner;
–        change of employers or employment sectors is not allowed; and
–        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: