In Malaysia, the application for foreign worker quotas is a structured process that involves several government agencies. Here’s a step-by-step guide on how to apply for foreign worker quotas:
1. Determine Eligibility
– Ensure your company is eligible to hire foreign workers. Certain industries, such as construction, manufacturing, and agriculture, are typically allowed to hire foreign workers.
– Verify that your company meets the required ratios of local to foreign workers, as mandated by the government.
2. Prepare Required Documents
– Company Documents: Include your company’s registration certificate (Form 9, Form 13, Form 49, etc.).
– Financial Documents: Provide audited financial statements or other financial documents as required.
– Job Descriptions: Detailed job descriptions for the positions to be filled by foreign workers.
– Local Worker Details: Information on the number of local employees and their positions.
3. Submit Application Online
– MYXpats System: Most applications are submitted through the MYXpats system, which is managed by the Expatriate Services Division (ESD) of the Immigration Department of Malaysia.
– Quota Application: Log in to the MYXpats portal and fill out the quota application form. Upload all required documents.
4. Pay Fees
– Pay the necessary processing fees as required by the system. The fees may vary depending on the type of industry and the number of workers.
5. Approval Process
– The application will be reviewed by the relevant authorities, including the Ministry of Human Resources (MOHR) and the Immigration Department.
– If additional information or documents are required, you will be notified through the MYXpats system.
6. Receive Quota Approval
– Once approved, you will receive a quota approval letter through the MYXpats system. This letter will specify the number of foreign workers allowed and the positions they can fill.
7. Recruitment and Visa Processing
– Recruitment: You can now proceed to recruit foreign workers. This can be done directly or through licensed recruitment agencies.
– Visa Application: Apply for the necessary work visas and permits for the recruited workers. This typically involves the Foreign Worker Application (PLKS) process.
8. Compliance and Reporting
– Ensure compliance with all regulations, including housing, health, and safety standards for foreign workers.
– Regularly update the authorities on the status of your foreign workers, including any changes in employment status.
9. Renewal and Monitoring
– Monitor the expiry dates of the quotas and work permits. Apply for renewals as necessary.
– Keep abreast of any changes in regulations or policies regarding foreign worker quotas.
Important Notes:
– Quota Limits: The government periodically reviews and adjusts the quotas based on economic needs and labor market conditions.
– Penalties : Non-compliance with regulations can result in fines, revocation of quotas, and other legal actions.
Useful Contacts:
– Expatriate Services Division (ESD): ESD Contact Information (https://www.imi.gov.my)
– Ministry of Human Resources (MOHR): MOHR Contact Information (https://www.mohr.gov.my)
By following these steps and ensuring compliance with all regulations, companies in Malaysia can successfully apply for and manage foreign worker quotas.
