WORK

The required documents include:

• Passport (valid for at least 12 months)
• Employment Contract
• Academic Qualifications and Certificates (Translated by Malaysian Institute of Translation & Books (ITBM) or Embassy if the certificates are not in English / Bahasa Malaysia)
• Resume / CV
• Passport-Sized Photos

5. Approval Process

The ESD (MYXpats Centre) reviews the application, and the processing generally takes around 5 working days.

6. Issuance of Visa Approval Letter (VAL)

Once approved, you will receive a Visa Approval Letter (VAL). This will allow you to enter Malaysia and collect your Employment Pass.

If you are from a country that requires a visa to enter Malaysia, the employer will apply for a Visa with Reference (VDR) on your behalf. 

You can then apply for a Single Entry Visa at the Malaysian embassy or consulate in your home country, or online through the eVISA.

7. Entry into Malaysia

With the VDR, you can enter Malaysia via KLIA

• At Terminal 1 & 2, you may opt to have your pass endorsed at Expatriate Satellite Center (ESC), which operates 24/7
• You may opt for delivery of the employment pass to the company’s registered address

The employment pass includes the duration of the permit, which varies by category.

Type of passes

• New Entrepreneur

Professional Visit Pass (PVP-MTE)

Validity: 1 year (renewable for another 1 year)

*Once you have successfully completed 2 years New Entrepreneur category, you may apply for Established Entrepreneur

• Established Entrepreneur

Residence Pass (RP-MTE) 

Validity: up to 5 years (renewable for another 5 years)

3. Resident-Pass Talent

If you have worked in Malaysia for more than 3 years, you can check the Resident-Pass Talent programme for greater flexibility compared to standard employment passes.

Requirement:

• Work in Malaysia > 3 years
• Paid income tax for 2 years
• Minimum monthly salary of MYR15,000

Validity: Up to 10 years renewable visa

4. PLS@Expat

This programme allows foreign individuals with specific skills to perform emergency and critical tasks in Malaysia under Social Visit Pass and without the need for an Employment Pass.

Examples of critical tasks:

• Oil and gas incidents/accidents
• Malfunction in IT industries
• Power plant incidents/accidents

Validity: Maximum 30 days

• Working Hours and Overtime

Standard working hours in Malaysia are generally 8 hours per day, or 45 hours per week. Although Malaysian labor laws have specific overtime rules, these may not automatically apply to expatriates depending on their position and salary.

• Leave Entitlements

Expatriates are eligible for annual leave, sick leave and public holidays, and other benefits like maternity/paternity leave as per the Employment Act 1955 or based on their employment contract, whichever is higher.

• Health and Safety

Employers must provide a safe working environment that complies with Malaysian Occupational Safety and Health standards.

2. Employment Contracts

• Written Contracts

Ensure that you have a formal, written employment contract, which outlines your job responsibilities, salary, benefits, and conditions of employment. This contract serves as a legally binding document between you and the employer.

Key Contract Elements

• Job title
• Work location
• Monthly or annual salary
• Working hours
• Leave entitlements
• Benefits
• Termination conditions

3. Dispute Resolution

• Internal Resolution

Many companies encourage expatriates to resolve disputes internally through discussions with supervisors, HR representatives, or company grievance procedures.

• Industrial Relations Department

If internal attempts fail, expatriates can file a complaint with the Industrial Relations Department within the Ministry of Human Resources. This department oversees workplace disputes and ensures fair treatment.

• Labour Court and Industrial Court

For unresolved disputes, expatriates can take their case to the Labour Court (for wage disputes) or the Industrial Court (for unfair dismissals). These courts handle cases related to unpaid wages, wrongful termination, contract violations, and other employment-related disputes.

4. Legal Protections for Expatriates

• Equal Treatment : Expatriates are protected under Malaysian law against discrimination, ensuring that they receive fair treatment and equal rights.
• Wrongful Termination Protection : Malaysian law protects expatriates from wrongful termination. If you feel that you may have been unfairly dismissed, you can bring their case to the Industrial Court for resolution. Ensure that you have documentation to support your claims.
• Protection from Harassment and Abuse : Expatriates are entitled to a harassment-free workplace, with Malaysian law prohibiting sexual harassment, bullying, or discrimination. Cases of harassment can be reported to the HR department, and if unresolved, escalated to relevant Malaysian authorities.
• Health Insurance and Medical Benefits : Many companies provide expatriates with comprehensive health insurance, as required for their Employment Pass. Review your contracts to understand your health and medical benefits.
• Work Visa and Permit Protection : Expatriates have the right to a valid work visa and permit. Employers are responsible for securing and renewing Employment Passes for their expatriate employees. If an employer fails to comply, you can seek assistance from the Immigration Department or Expatriate Services Division.

By understanding these employment rights, you can ensure that you are protected and make informed decisions while working in Malaysia.