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FOREIGN WORKERS DIVISION IMMIGRATION DEPARTMENT

FOREIGN WORKERS DIVISION IMMIGRATION DEPARTMENT. RECRUITMENT OF FOREIGN WORKERS: RULES, REGULATIONS, PROCEDURES & ISSUES. FOREIGN WORKERS DIVISION. IS RESPONSIBLE FOR THE ISSUANCE OF : Referred Visa (VDR / Calling Visa) Visit Pass (Temporary Employment) (VPTE) Check Out Memo (C.O.M)

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FOREIGN WORKERS DIVISION IMMIGRATION DEPARTMENT

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  1. FOREIGN WORKERS DIVISIONIMMIGRATION DEPARTMENT RECRUITMENT OF FOREIGN WORKERS: RULES, REGULATIONS, PROCEDURES & ISSUES

  2. FOREIGN WORKERS DIVISION IS RESPONSIBLE FOR THE ISSUANCE OF : • Referred Visa (VDR / Calling Visa) • Visit Pass (Temporary Employment) (VPTE) • Check Out Memo (C.O.M) IS RESPONSIBLE ON : • Investigation and referred cases • Refund of levy, deposit & Bank / Insurance Guarantee • Confiscation of deposit / personal bond of absconded Foreign Workers • Inspection to ensure the conditions of employment of Foreign Workers are duly conformed to

  3. POLICIES ON FOREIGN WORKERS

  4. CURRENT POLICIES ON FOREIGN WORKERS • Foreign workers are allowed to be employed in 5 formal sectors i.e. manufacturing, construction, plantation, agriculture and service. • Foreign workers are prohibited to be employed as frontliners • Foreign workers are only allowed to work in Malaysia for a maximum period of five years • Employment of foreign workers in the electrical/electronic and textile sectors has been reopened effective 20 July 2009.

  5. PROCESS FLOW OF APPLICATION FOR FOREIGN WORKERS EMPLOYER OTHER SECTORS FOREIGN DOMESTIC HELPER IMMIGRATION DEPT KDN Entry points Special Pass (SP) 30 days PEJABAT PERWAKILAN MALAYSIA AT COUNTRY OF ORIGIN Visa APPROVED – issuance of VP(TE) FOMEMA SDN. BHD. (Medical examination) FAILED – SP & COM

  6. FOREIGN WORKERS OF OTHER SECTORS

  7. APPROVED SECTORS 1. MANUFACTURING  export-oriented manufacturers ( >50% export )  Non-export oriented manufacturing, which are:- • wood based industry • furniture industry • rubber based industry • plastic based industry • food processing and manufacturing industry • building materials industry

  8.  Non-export oriented manufacturing, which are:- • iron, steel and mining industries • ceramic industry • textile industry • footwear industry • engineering and fabrication industry • manufacturing related industries • quarry and bitumen industry

  9. The specified criteria for the employment of foreign workers by non-export oriented industries are:- • total sales of RM2 million and above • company's minimum paid-up capital of RM100,000 • 1 local : 1 foreign worker

  10. CONSTRUCTION • PLANTATION Industrial Crops : rubber, palm oil & cocoa • AGRICULTURE • Food • Floriculture • Animal husbandry • Aquaculture

  11. 5. SERVICE • Restaurants (general workers and cooks) • Allowed to work in restaurants throughout the country as cooks and general workers (dish washers, restaurant cleaners) only • Foreign workers are not allowed to work as waiters/waitresses and cashiers • Cleaning • Companies must enclose a complete and stamped contract • Not qualified to work as cleaners for the employing company • Not allowed to work as car and bus washers, petrol station cleaners and other maintenance workers

  12. 5. SERVICE • Cargo handling at seaports and airports • Welfare homes • Laundries • Golf clubs - caddies only • Resort islands (not including Penang) • Spa therapist • Reflexologist

  13. Countries of Origin and Approved Sectors

  14. Countries of Origin and Approved Sectors

  15. Countries of Origin and Approved Sectors

  16. Countries of Origin and Approved Sectors

  17. APPROVED SECTORS

  18. APPLICATION FOR FOREIGN WORKERS • Application for approval must be made at One Stop Centre, Ministry of Home Affairs • Application for Referred Visa and VP(TE) at Immigration Head Office or State Immigration

  19. APPLICATION FOR FOREIGN WORKERS • New Application (approval from KDN) • Application has to be made at One Stop Centre, Ministry of Home Affairs • Approval letter will be issued within a 2-day period after levy is paid • Application of VDR (calling visa) has to be made at Foreign Workers Div. / State Immigration

  20. Application for Referred Visas (VDR) Required documents: • Employer’s application letter • Approval letter from Ministry of Home Affairs (original copy) • Original receipt of levy payment • Form IMM.12 – Application of Temporary Employment Visit Pass • Copy of passport of prospective foreign worker • Medical report from hospital/clinic of the foreign worker’s country of origin (appointed by the Ministry of Health of Malaysia) • Payment for Temporary Employment Pass Visit, visa and processing, in the form of bank draft or postal order.

  21. Deposit/bank guarantee/insurance guarantee based on nationality and number of prospective foreign workers. Bank guarantee or insurance guarantee must be valid for at least 18 months • Employer’s particulars form • Referred Visa application form (includes information on VDR issuing office and the point of entry applied for)

  22. POINTS OF ENTRY OF FOREIGN WORKERS Kuala Lumpur International Airport (KLIA) • Foreign Workers must obtain visa from Pejabat Perwakilan Malaysia Other points of entry • Foreign Workers from Thailand and Indonesia need to obtain their visas from Pejabat Perwakilan Malaysia at the respective country

  23. Endorsement of Temporary Employment Visit Pass (PLKS) at Immigration Head Office/State Immigration • Approval letter from Ministry of Home Affairs • Original receipt of levy payment • Copy of passport of Foreign Worker • Form IM. 12 – Application of Temporary Employment Pass Visit • Passport-sized photo (with white background)   • Deposit/bank guarantee/insurance guarantee. Bank guarantee/insurance guarantee must be valid for 18 months • Payment of visa, Temporary Employment Pass and processing, in the form of bank draft or postal order • Medically fit Reminder: endorsement has to be done within a month after entry

  24. VP(TE)

  25. Employment Term of Foreign Worker • Foreign workers are initially allowed to work for three (3) years only and may, upon application by the employer, be extended, from year to year, to the fifth year. • Foreign domestic helper may work as long as service is still needed by employer

  26. Extension after the Fifth Year • For an extension after the fifth year, the employer must obtain certification from: 1. National Vocational Training Council (MLVK), the Ministry of Human Resources for manufacturing sector 2. Construction Industries Development Board, Malaysia (CIDB) for construction sector 3. Ministry of Agriculture for agriculture sector 4. Malaysian Palm Oil Board (MPOB) for plantation sector (specifically for palm oil)

  27. “VPTE RENEWAL FOR FOREIGN WORKER EXCEEDING 5 YEARS” PROGRAMME • Permitted to extend working period more than five years with an approval from Ministry of Home Affair (KDN) • Extension of the VPTE after the fifth year is allowed with a condition that the worker is COMPULSORY to return to their origin country for a cooling-off period of 3 MONTHS before they are allowed to enter this country to work with their previous employer • The cooling–off period is exception only for Palm Oil under the Plantation sector whereby foreign workers for this sector are allowed to renew their VPTE for another 5 years without returning to their origin country for a cooling-off period.

  28. “VPTE RENEWAL FOR FOREIGN WORKER EXCEEDING 5 YEARS” PROGRAMME (cont..) • Maximum 6 months period for VPTE extension. • Foreign worker is permitted to work in this country for the maximum 10 years under this programme. • Permission to renew VPTE will be granted before the worker return to their origin country for the cooling-off period of 3 months. • Application to extend VPTE to KDN must be done before the VPTE expiry date

  29. Levy Rate Payment for Foreign Worker By Sector

  30. Payment for VISA and Deposit

  31. Payment for VISA and Deposit

  32. CHECK OUT MEMO (C.O.M) • application to make arrangement for Foreign Worker/PRA to leave Malaysia back to country of origin for certain reasons Documents needed to apply C.O.M: • Application letter from the employer • Passport of Foreign Worker/PRA • Return ticket to country of origin • Application form for C.O.M

  33. CHECK OUT MEMO (C.O.M) • Employer must ensure that the Foreign Worker/PRA return to country of origin on the date stated on C.O.M through point of entry applied for • If an employer does not apply for C.O.M, the Foreign Worker/PRA is considered to still work for them thus the employer is still held responsible on the Foreign Worker/PRA

  34. REPLACEMENT OF FOREIGN WORKERS under two circumstances: • Foreign Worker/PRA has entered Malaysia but found to be medically unfit by FOMEMA. Employer is required to apply C.O.M to make arrangement to send the Foreign Worker/PRA back to country of origin • Employer must submit application to replace the medically unfit Foreign Worker/PRA with a new worker using the levy payment for the medically unfit Foreign Worker/PRA by attaching the following documents:- • Application Letter from employer • Approval letter of VDR • C.O.M • Original payment receipt

  35. REPLACEMENT OF FOREIGN WORKERS Foreign Worker/PRA does not enter Malaysia after approval of VDR has been issued due to unforeseen circumstances in country of origin. Employer may apply to replace with a new worker by submitting: • Application letter from employer • Approval letter of VDR • Original payment receipt • Verification letter on cancellation of visa from pejabat perwakilan in country of origin (if any)

  36. REFUND OF LEVY based on the following reasons: • Medically unfit Foreign Worker • Required documents: • Employer’s application letter • Original receipt Form for refund levy • Check Out Memo • Certification letter declaring that the Foreign Worker is medically unfit from FOMEMA Sdn Bhd

  37. REFUND OF LEVY • Foreign Worker does not enter Malaysia after VDR has been approved. • Documents needed are: • Employer’s application letter • Original receipt • Form for refund of levy • Copy of VDR approval

  38. REFUND OF LEVY • Payment of levy was made twice. • Required documents: • Employer’s application letter • Original receipt • Form for refund of levy

  39. REFUND OF DEPOSIT • may apply for refund of deposit if the Foreign Worker/PRA has been sent back to their country of origin • Documents required for refund of deposit: • Employer’s application letter • Original receipt of deposit • Check Out Memo • Company’s bank account number or IC number for individual application

  40. REPORT ON ABSCONDED FOREIGN WORKER • submit the following documents to terminate PLKS of Foreign Worker who absconds: • Application letter to terminate PLKS of absconding Foreign Worker • Copy of identity card (IC) of employer/employer’s representative • Copy of receipt of deposit/bank guarantee/insurance guarantee (for Foreign Workers of other sectors) • Passport of absconding Foreign Worker • Form on Absconded Foreign Worker issued by Immigration • Copy of certified police report

  41. REPORT ON LOST PASSPORT • Documents needed to report on lost passport application: • Application letter from employer explaining how the passport is lost • Certified police report • Copy of lost passport (if any) • Receipt of deposit/copy of bank guarantee/copy of insurance guarantee except for PRA • Copy of new passport

  42. REPORT ON LOST PASSPORT • Once the application has been approved employer must: • Submit new passport • Make payment to transfer endorsement • Obtain replacement of PLKS • However, should the application is rejected, employer must make arrangement for the Foreign Worker to leave the country

  43. Temporary Relocation of Foreign Worker for Construction and Service (Cleaning) Sectors • may apply to temporarily relocate Foreign Worker for construction and service (cleaning) sectors by submitting following documents: • Employer’s letter of application • Stamped Letter of Award • List of names of workers involved • A copy of the stamped page/page with the sticker of the worker's passport

  44. Variation of Name and Address of Company • Documents required to vary name and address of company are: • Employer’s application letter • Company Registration Form (Form 49/Form D) • Form 13 (if any) • Copy of telephone, water and electricity bills • Tenancy Agreement as proof of rental • List of Foreign Workers • Copy of passport of Foreign Worker

  45. THANK YOU

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