This article is about the latest guideline from Department of Labour of Peninsular Malaysia (JTKSM) for Employer to manage Malaysian's citizenship worker to work abroad using registered Private Employment Agencies with License B/C only.
View this article in Bahasa Malaysia.
Employer with desires to send worker to work abroad may use registered Private Employment Agency. A complete guideline from JTKSM has been issued to ease employer to recruit worker and work together with the Private Employment Agency.
HOWEVER, before deciding to recruit and send worker abroad, EMPLOYER has to ensure company's capability in:
i. Reporting workers's detail to Malaysia's Embassy Office in overseas.
ii. Prepare all the necessities and accommodation as per listed in working contract (e.g housing, transportation, Employment's Insurance, sending deceased worker home or any other mentioned in working contract.
iii. Bear full responsibility and costs in sending home abroad workers except for below condition:
a) Retrenchment in terms of misconduct/behavioral issue.
b) Running away from employment without employer acknowledgement.
c) Resignation - (May need to refer to overseas regulation for further process)
Employer needs to use registered Private Employment Agency which had job order from overseas's country.
To note, the vacancies must have written confirmation/documentation from Private Employment Agency or documentation from the overseas's country embassy.
In addition, employer must refer to the overseas's country Immigration laws and regulation to avoid fraud and violation of the law.
Seekers subsidiary's Agensi Pekerjaan Job Search Asia Sdn Bhd possess JTKSM License C. Drop your message to [email protected] for assistance on recruitment/Working abroad recruitment/Employment Pass.
The vacancy's information shall be advertise accordingly to Act 246, Section 18 of Private Employment Agency Act with details of the jobs (e.g working location, Private Employment Agency's info with license number, salary, job role).
For details of the Act, refer here.
The recruiting process may begin. The employer shall check and do assessment for qualifications and supporting documents during interview to choose and hire suitable candidate.
Employer prepares the working contract with details of working term and conditions to the qualified candidate.
The Private Employment Agency shall guide the qualified candidate to apply for GOOD CONDUCT CERTIFICATE (if required by overseas' employer).
For FAILED application, employer may appeal to the Ministry of Foreign Affairs, Malaysia.
Ministry of Foreign Affairs, Malaysia.
No 1, Jalan Wisma Putra , Presint 2, 62602 Putrajaya.
No Tel: +603 – 8887 4000
Emel: [email protected]
Private Employment Agency shall guide the qualified candidate to do Health Screening Examination accordingly to overseas' country procedure.
However, this procedure will produce 2 kinds of scenarios:
1. If PASS:
i) Make sure all other terms and conditions by the overseas country has been complied.
ii) Qualified candidate has signed the working contract.
iii) The Private Employment Agency has well-kept the working contract copies, related documents and send the copies to qualified candidate, employers and Department of Labors.
2. If FAILED - The candidate is NOT ALLOWED to accept the position and recruiting process is FINISH. The employer has to REJECT the candidate.
For Visa application, review process and procedure for working abroad during PANDEMIC COVID-19 PERIOD shall be done accordingly to overseas' country regulation.
The Visa approval's period is subjected to oversea country's procedure.
The Private Employment Agency will forward a report with documents of successful candidate's placement to Ministry of Foreign Affairs, Malaysia, JTKSM or any other related Authority Agency.
A briefing to work abroad shall be organized in order to help successful candidate understand and make preparations before working abroad.
If needed, the employer may ask for JTK Officer to join as a briefing observer.
The employer shall prepare for the flight process.
Employer or Private Employment Agency helps in arranging the exit and departure of the candidate at the exit point.
Employer has to ensure the worker arrives safely to the destination.
Periodic monitoring by Employer shall be done to ensure the Abroad Worker's welfare is in good care.
Private Employment Agency shall send a report listing successful placement of candidates, vacancy details, and Acceptance Oath from Employer to JTKSM accordingly.
These procedure is the latest guideline from Department of Labour of Peninsular Malaysia(JTKSM). There is a possibility of procedure changes by the Ministry of Human Resources Malaysia and Immigration Department of Malaysia .
Source: Department of Labour of Peninsular Malaysia(JTKSM)/Private Employment Agency.
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