The recruitment of foreign workers in Malaysia is a regulated process designed to balance the need for foreign labor with the protection of local job markets and worker rights. Employers must navigate through various approvals and adhere to strict guidelines to ensure a smooth and compliant recruitment process.
Recruiting foreign workers in Malaysia involves several steps and adherence to specific regulations and guidelines set by the Malaysian government. Here is an overview of the process:-
1. Determine the Need for Foreign Workers
Assess the labours needs that cannot be fulfilled by local workers.Identify the type and number of foreign workers required.
2. Recruitment Process
Engage with us to facilitate the recruitment process in the source country.Conduct interviews and select suitable candidates.
3. Application for Quota Approval
Apply for a quota with the relevant industry or sectoral regulatory agency.Obtain a quota approval letter specifying the number of foreign workers allowed.
4. Approval from the Ministry of Human Resources (MOHR)
After MOHA approval, submit the application to MOHR. Participate in the labor market test to ensure that the positions cannot be filled by local workers.
5. Obtain Approval from the Ministry of Home Affairs (MOHA)
Apply to the MOHA for approval to recruit foreign workers.
Provide details about the job roles, the number of workers needed, and justifications for hiring foreigners.
6.Embassy and Overseas Agency
Reach out to the embassy of the country from which you wish to hire workers. And contact an authorized overseas recruitment agency in the country of origin to get the candidates. Ensure they are licensed and reputable.
7.Application for Visa with Reference (VDR)
Submit the Visa with Reference application to the Immigration Department of Malaysia. Provide required documents, including employment contracts, quota approval letter, and proof of worker's qualifications.
8. Arrival and Medical Examination
Ensure that foreign workers undergo a medical examination upon arrival.Medical checks should be done at registered medical centres in Malaysia.
9. Application for Temporary Employment Pass
Apply for a Temporary Employment Pass at the Immigration Department. Submit all necessary documents, including the worker's passport, medical report, and VDR approval.
10. Issuance of Work Permit
Upon approval, the Immigration Department issues the work permit.Ensure that workers understand their rights and obligations under Malaysian labor laws.
11. Compliance with Labor Laws
Ensure compliance with the Employment Act 1955, Workmen’s Compensation Act 1952, and other relevant labor laws. Provide fair wages, proper working conditions, and necessary amenities for the foreign workers.
Validity of Work Permit: Usually valid for one to three years and can be renewed.
Worker Welfare: Employers must ensure the welfare and rights of foreign workers, including proper accommodation and timely payment of wages.