New Guidelines On The Employment Of Foreign Workers In Malaysia

• Law Firm: Shearn Delamore & Co.
• Subject Matter: Employment and HR, Immigration, Employee Benefits & Compensation, General Immigration, Work Visas
• Author: Chin Wei Song, Chui Siew Xuan and Suganthi Singam
• Published date: 06 January 2023

The long-awaited Employment (Amendment) Act 2022 ("Amendment Act 2022") has finally come into force on 1 January 2023.

On the employment of foreign workers, the new Section 60K of the Amendment Act 2022¹ now requires employers to obtain prior approval from the Director General of Labour before employing such employees irrespective of their wages be it a foreign worker or an expatriate. Such approval is however subject to the following conditions:

1. The employer has no outstanding matter relating to any decision, order or directive issued under the Employment Act or
2. The employer has no outstanding matter for any conviction under the laws applicable to social security, minimum wages or minimum housing; or
3. The employer has not been subjected to any conviction in relation to human trafficking and forced labour.

Pursuant to a recent announcement made by the Labour Department at its official website on 3 January 2023 (which has been updated on 4 January 2023), any employer who wishes to employ foreign workers is required to make an application at the links given below based on the foreign workers' respective category, as follows:

No.	Category
1.	Applications for the employment of foreign workers under the permitted sectors (manufacturing, services, plantation, agriculture, construction, mining and quarry) Link
2.	Applications for the employment of Foreign Domestic Workers Link The checklist and application guide for this category of foreign workers can be found here.
3.	Applications for employment of all other categories of foreign workers / pass holders (inter alia, Expatriates, Foreign Security Guards, Foreign Fishermen, Ship Crews, Professional Visit Pass (Missionary / Other Religion) Holders, Student Pass Holders, Resident Pass Holders, Malaysia My Second Home (MM2H) Program Participants and Malaysia's Premium Visa Program (PVIP) Participants) Link
4.	Applications for the employment of "tom yam" chefs Link
5.	Applications for the employment of Traditional Pass Holders (Thai citizen workers in the bordering states) Link

Note that any application for the change of employer must be made via email at ptm@mohr.gov.my. The application checklist and form can be found at: https://jtksm.mohr.gov.my/en/berita-pengumuman/2-uncategorised/2964-senaraisemak-borang

In respect of the employment of expatriates, an employer will need to complete the following details of the company through the above link, inter alia:

1. The position of the...