This article is about the latest guideline from Department of Labour of Peninsular Malaysia (JTKSM) for recruiting Malaysian to work abroad using registered Private Employment Agencies with License B/C only.
View this article in Bahasa Malaysia.
As a first preparation in hiring and sending Malaysian workers abroad, the EMPLOYER has to ensure the company's capability in:
i. Reporting workers detail to Malaysia's Embassy Office overseas.
ii. Prepare all the necessities and accommodation as listed in the working contract (e.g housing, transportation, Employment Insurance, sending the deceased worker home, or any other mentioned in the working contract.
iii. Bear full responsibility and costs in sending home abroad workers except for the below condition:
a) Retrenchment in terms of misconduct/behavioural issues.
b) Running away from employment without employer acknowledgement.
c) Resignation - The employer may need to refer to overseas regulations for sending home workers.
The employer needs to use a registered Private Employment Agency which had a job order from an overseas's country.
Besides, the vacancies must have written confirmation/documentation from the Private Employment Agency or documentation from the overseas's country embassy.
As a caution, the employer must refer to the overseas's country Immigration laws and regulations to avoid fraud and violation of the law.
*During pandemic COVID-19 period, Malaysian worker that will be working in overseas are required to apply for permission via My Travel Pass.
The vacancy's information shall be advertised 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 begins. The employer shall check and assess qualifications and supporting documents during the interview to choose and hire a 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 a GOOD CONDUCT CERTIFICATE (if required by overseas' employer).
For FAILED application, the 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: 03 – 88874000
Email: [email protected]
Private Employment Agency shall guide the qualified candidate to do a Health Screening Examination accordingly to overseas' country procedure.
However, this procedure will produce 2 kinds of scenarios:
i) PASSED Health Screening Examination:
For the next action, the employers have to make sure all other terms and conditions sets by the overseas country have complied and the qualified candidate has signed the working contract.
Besides, the Private Employment Agency has to well-kept the working contract copies, related documents and sends the copies to a qualified candidate, employers, and the Department of Labour.
ii) FAILED Health Screening Examination:
The candidate is NOT ALLOWED to accept the position. The recruiting process is finished and the employers have to reject the candidate.
For Visa application, the procedure shall be done accordingly to overseas' country regulation.
*The Visa approval period is subjected to the overseas country's procedure.
The Private Employment Agency will forward a report with documents of successful candidate's placement to the Ministry of Foreign Affairs, Malaysia, JTKSM, or any other related authority agencies.
A briefing to work abroad shall be organized to help the 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.
The employer or Private Employment Agency helps in arranging the exit and departure of the candidate at the exit point.
The employer has to ensure the worker arrives safely at the destination and perform periodic monitoring to ensure the 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.
This procedure is the latest guideline from the Department of Labour of Peninsular Malaysia(JTKSM). There is a possibility of procedure changes by the Ministry of Human Resources Malaysia and the Immigration Department of Malaysia.
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