Overview of Work Permits in Malaysia

In Malaysia, foreign workers must obtain a work permit to legally work in the country. The primary regulatory body overseeing work permits is the Ministry of Home Affairs (MOHA), along with the Immigration Department of Malaysia. There are several categories of work permits, depending on the type of employment and the worker's qualifications.

Types of Work Permits

1. Employment Pass (EP): For skilled workers, managers, and executives.

   • Categories:
     • Category I: Monthly salary of RM 10,000 and above.
     • Category II: Monthly salary between RM 5,000 and RM 9,999.
     • Category III: Monthly salary between RM 3,000 and RM 4,999.

2. Temporary Employment Pass (TEP): For semi-skilled workers in specific sectors (e.g., construction, manufacturing).

   • Valid for up to 2 years and can be renewed.

3. Professional Visit Pass: For foreign professionals who are in Malaysia for a short period (up to 12 months) for specific projects.

4. Student Pass: For foreign students who wish to work part-time while studying.

General Procedures for Obtaining a Work Permit

1. Employer Application:

   • The employer must apply for the work permit on behalf of the foreign worker.
   • Submit the application to the Ministry of Human Resources (MOHR) for approval.

2. Documentation Required:

   • Completed application form.
   • Copy of the worker’s passport.
   • Employment contract.
   • Company registration documents.
   • Relevant qualifications and experience certificates.
   • Medical examination report (for certain categories).

3. Approval Process:

   • The application is reviewed by MOHR and the Immigration Department.
   • Processing time can vary but typically takes 2-4 weeks.

4. Issuance of Work Permit:

   • Once approved, the employer will receive a letter of approval.
   • The foreign worker must then apply for a visa at a Malaysian embassy or consulate in their home country.

5. Arrival in Malaysia:

   • Upon arrival, the foreign worker must undergo a medical examination and apply for the work permit at the Immigration Department.

Costs Involved

• Application Fees:

  • Employment Pass: RM 100 to RM 1,000 depending on the category and duration.
  • Temporary Employment Pass: RM 300 to RM 1,000 depending on the sector and duration.

• Processing Fees: Additional fees may apply for processing and issuance of the work permit.

• Medical Examination: Costs can range from RM 100 to RM 500, depending on the clinic.

• Visa Fees: Varies by country but generally around RM 100 to RM 300.

Duration of Work Permits

• Employment Pass: Valid for 2 years and can be renewed.
• Temporary Employment Pass: Valid for up to 2 years, with possible extensions.
• Professional Visit Pass: Valid for up to 12 months.

Important Considerations

1. Quota System: Certain sectors have a quota system limiting the number of foreign workers. Employers must check the quota availability before applying.

2. Sector-Specific Regulations: Different sectors may have specific regulations and requirements. For example, the construction sector has stricter guidelines.

3. Compliance with Labor Laws: Employers must comply with Malaysian labor laws, including minimum wage, working hours, and employee rights.

4. Cultural Sensitivity: Understanding local customs and practices is essential for foreign workers to integrate smoothly into the workplace.

5. Dependents: Foreign workers may apply for dependent passes for their family members, subject to certain conditions.

6. Renewals and Changes: If a foreign worker changes jobs, a new work permit application must be submitted. Renewals should be initiated at least 3 months before the expiration date.

Conclusion

Navigating the work permit process in Malaysia requires careful attention to regulations and procedures. Employers should ensure compliance with all requirements to avoid penalties, while foreign workers should be aware of their rights and responsibilities. For the most accurate and updated information, it is advisable to consult the official websites of the Ministry of Home Affairs and the Immigration Department of Malaysia or seek legal advice if necessary.