Introduction to Work Permit Laws in Malaysia
Malaysia has a structured legal framework governing immigration and work permits. Understanding these laws is crucial for foreign workers and employers seeking to hire international talent. This article explores the different types of work permits, the application process, and the legal requirements involved.
Types of Work Permits in Malaysia
Employment Pass (EP)
The Employment Pass is issued to highly skilled foreign professionals working in managerial, technical, or executive positions. It is typically granted to expatriates with salaries exceeding RM5,000 per month.
Professional Visit Pass
The Professional Visit Pass is for expatriates providing temporary services or expertise. This permit is usually valid for up to 12 months and does not allow the holder to switch employers.
Temporary Employment Pass (TEP)
The Temporary Employment Pass applies to foreign workers in approved sectors, such as construction, plantation, and manufacturing. It is usually limited to unskilled or semi-skilled workers.
Eligibility Criteria for Work Permits
- A valid passport with at least six months of validity
- An offer letter from a Malaysian employer
- Employer compliance with industry quotas for hiring foreign workers
- Health screening requirements for certain categories of foreign workers
Application Process for Work Permits
Step 1: Employer Registration
Employers must register with Malaysia’s Immigration Department and the Expatriate Services Division before applying for a work permit.
Step 2: Work Permit Approval
Applications are submitted by the employer, requiring supporting documents such as company registration papers, a job description, and proof of eligibility.
Step 3: Visa Issuance
Once approved, the applicant receives a Visa with Reference (VDR) before entering Malaysia to collect the work permit.
Legal Obligations of Employers and Employees
Employer Responsibilities
- Ensure compliance with Malaysia’s immigration and employment laws
- Provide accommodation and medical insurance where required
- Report any changes in employment status to the authorities
Employee Responsibilities
- Only work for the approved employer and in the designated sector
- Renew work permits before expiration
- Abide by Malaysia’s laws and regulations
Renewal and Cancellation of Work Permits
Work permits must be renewed before expiration by submitting the necessary documents and meeting eligibility requirements. If employment is terminated, the employer must notify immigration authorities and facilitate repatriation if required.
Conclusion
Malaysia’s work permit laws ensure that foreign workers contribute to the economy while maintaining proper legal compliance. Understanding these regulations helps both employers and expatriates navigate the system smoothly.