Malaysian Labour Law For Foreign Workers
The employment act 1955 is the main legislation on labour matters in malaysia.
Malaysian labour law for foreign workers. Can only work in manufacturing construction agriculture plantation and services cooks cleaning and sanitation island resort hotel golf caddy cargo handling sectors. Just as is the case with any other employee in malaysia foreign employees are entitled to protection provided by the employment act 1955. Renewal of worker s visit pass temporary employment 13 1 the employer shall renew the worker s visit pass temporary employment three 3 months before the expiry date. Employees wages have priority over other debts.
The associated chinese chambers of commerce and industry of malaysia acccim equally agree and suggest the ratio of legal to illegal foreign workers is at 1 2. Prohibition on termination of local for foreign employee. Any employer who withholds the salary of a foreign employee unlawfully has committed a crime which is punishable by law and such crimes attract a fine of up to rm10 000. Any employee employed in manual work including artisan apprentice transport operator supervisors or overseers of manual workers persons employed on vessels and even domestic servants are classified as employees even if their wages is more than rm2000 00 per month.
With the labour laws in malaysia. Malaysia will review its labor laws to cut an over dependence on foreign labor and address other issues its prime minister said on thursday amid simmering discontent against overseas workers. No employer shall terminate the contract of service of a local employee for the purpose of employing a foreign employee. Hence if the legal registered foreign workers are 2 1 million the illegal foreign workers should total about 4 2 million.
Sectors that are allowed to hire foreign workers in malaysia. The type of work permit issued by the government depends on the skill of the foreign applicant as well as the remaining quota for that sector. There are three types of employment permits foreign workers can apply for in malaysia. These are the employment pass temporary employment pass and the professional visit pass.
Termination of employment by reason of redundancy. The law is expected to be submitted to the malaysian parliament in 2018. The employment act provides minimum terms and conditions mostly of monetary value to certain category of workers. When employers grant advance of wages to workers there are limits.
The malaysian government is drafting an amendment to the employment act 1955 act 265 that requires employers to provide adequate housing for foreign workers in all sectors. Regulations for part time workers.