In order to hire foreign workers, Employer first needs to obtain a letter from the Ministry of Human Resources’ (MOHR) Jabatan Tenaga Kerja Semenanjung Malaysia (JTKSM) confirming that they are not able to hire Malaysian workers.*
In accordance with the enforcement of Section 60K of the Labor Act 1955 from 1 January 2023, any employer who wishes to employ foreign workers must obtain initial approval from JTKSM first before proceeding with the next process at the relevant agency.
The initial approval of the employment of foreign workers provided under Section 60K covers all non-citizen workers in the following categories:
A: The approved sectors are as follow:
(a) Manufacturing;
(b) Construction;
(c) Plantation;
(d) Agriculture;
(e) Services:
(i) Restaurant sub-sector (cooks only)
(ii) Cleaning and sanitation sub-sector
(iii) Resort island sub-sector
A: The levy payment rate for each approved worker varies according to sector. After obtaining approval, the employer must make levy payment according to the following rates:
(a) Manufacturing sector RM 1,850
(b) Construction sector RM 1,850
(c) Plantation sector RM 640
(d) Agriculture sector RM 640
(e) Services sector
(i) Restaurant (cooks) RM 1,850
(ii) Cleaning and sanitation RM 1,850
(iii) Resort islands RM 1,850
A: Intake of foreign workers from the following source countries are allowed:
A: No. Foreign Workers from India are only allowed to work only in the services sector (restaurants only), construction sector (high tension cables), agriculture sector and plantation sector.
A: No. Male workers from Indonesia are allowed to work in all sectors except the manufacturing sector, while female workers from Indonesia are allowed to work in all sectors.
A: No. Foreign workers are not allowed to work as front-line workers
A: Employers are to submit applications to the Ministry of Human Resources online via: https://fwcms.com.my/.
A: Employers need to update the information of the employer/employer's representative using the form PERMOHONAN PENGEMASKINIAN MAKLUMAT MAJIKAN / WAKIL MAJIKAN (SISTEM MyIMMS)
Source: Ministry of Home Affairs