Malaysia's eased rules for hiring foreign workers: 13 things employers in key sectors need to know

To be eligible for the Foreign Worker Employment Relaxation Plan, such job vacancies must be excluded from advertising on the MyFutureJobs Portal, effective 17 January 2023.

Earlier this month, Malaysia's Minister of Home Affairs Datuk Seri Saifuddin Nasution Ismail, announced that the country will be temporarily easing its rules on hiring foreign workers.

Through this plan, known as the Foreign Worker Employment Relaxation Plan, employers in critical employment sectors, with exemptions and conditional approval for Q1 2023 will be allowed to employ foreign workers from 15 source countries based on the employer's capabilities and needs without having to go through the prerequisites of employment qualifications and quota qualifications. This easing of rules will effective till 31 March, the minister shared. 

In view of this, the minister, along with Minister of Human Resources V Sivakumar, have both shared a series of steps and details for employers to note when hiring foreign workers during this period:

Steps involved:

1. First, the employer will need to submit an application for the employment of foreign workers to the Ministry of Human Resources' (MOHR) Department of Labour Peninsular Malaysia. The ministry will then give conditional approval within three working days from the date of application.
2. With the conditional approval document, the employer can make a levy payment to the Malaysian Immigration Department.
3. Thereafter, the employer will be able to identify foreign workers in the source country to undergo health screening as a pre-condition before their departure for Malaysia. 
4. Following the screening, the employer will have to complete a Visa With Reference application.
5. This is followed by a Single Entry Visa application.
6. Next, comes the immigration clearance at the international point of entry into Malaysia.
7. The foreign workers will be sent for a health check-up with FOMEMA. 
8. Once the check-up is cleared, the foreign worker will be issued a Temporary Work Visit Pass (PLKS).
9. In order to ensure compliance with the pre-conditions within the stipulated period of six months, the Ministry of Home Affairs and MOHR will implement the enforcement of supervision and the inspectorate in matters of employee management. If the employer is found to be violating any of the regulations and laws in force, the employer may be subject to action in accordance with the relevant Acts. 

Details to remember:

• The five sectors/sub sectors that this applies to are:
  • Plantation
  • Construction
  • Manufacturing
  • Agriculture
  • Service (Restaurant only).
• The applications can be submitted through the Foreign Worker Centralized Management System (FWCMS) platform under the FWe Approval Module with immediate effect on 17 January.
• Advertising of job vacancies on the MyFutureJobs Portal is excluded, with immediate effect on 17 January.
• Employers who have submitted applications before 17 January 2023 (Tuesday) have been requested to submit a new application in the FWe Approval Module, for the application to be considered under this Foreign Worker Employment Relaxation Plan.

Image / Malaysian Immigration Department's Facebook