New requirement for hiring expatriates issued by the Malaysia Government

Effective from 01.01.2021

Requirement

1) Companies need to advertise job vacancies via MYFutureJobs portal https://www.myfuturejobs.gov.my/.

2) Process:

a) Create an online account in the MYFutureJobs portal and upload a notice to advertise the relevant job vacancy.

b) Within 3 days after the job vacancy is advertised, the company must complete the PAPD Form.

c) The Company is required to interview local prospective candidates (if any) within 30 days of the job vacancy advertisement.

d) Then the company need to submit an interview outcome report. A copy of template may refer to www.perkeso.gov.my.

e) All application will be presented at the Expatriates Placement Committee (“EPC”) for consideration (At the end of consideration, employer will be given a recommendation certificate from EPC).

3) Exemption:

For ‘Key post’ expatriate positions, companies may apply for an exemption from advertising the job vacancy and conducting interview by submitting an appeal letter to Perkeso. To apply for an exemption, companies must:

1) Complete the PAPD Form;

2) Submit Appeal letter which contain the following details:

i. Position title and category;
ii. Number of vacancies; and
iii. Salary offered.

If rejected, companies may appeal rejected applications by submitting a written appeal to the Department of Labour.

NOTE:
The requirement to advertise vacant positions is only applicable if companies wish to employ new expatriates by way of an Employment Pass.
Companies who seek to recruit new expatriates into vacant positions vide a Professional Visit Pass or Resident Pass – Talent are not required to advertise the vacant positions.



There are 2 types of EXEMPTIONS to advertising on MYFutureJobs:

A. Automatic Exemption
Requirement:

1) Key roles (C-suite & Key Post) and expatriates with the monthly salary of RM15,000-00 and above;

2) Representative Office or Regional Office;

3) Investors/Shareholders/Owners (investors refer to individual who invest funds in Malaysia to achieve return of investment whilst shareholders are required to hold at least 30% equity shares and be appointed as the company’s director or hold other key positions);

4) Corporate transfers/Secondments/Trade Agreement (Companies which receive expatriate employees from a parent company for the purposes of training or knowledge / experience sharing between companies, and to meet the needs of the companies workfoce);

5) International Organisations subject to the International Organisations (Privileges and Immunities) Act 1992 that appoint Foreign Recruited Staff;

6) Sports Sector (recruitment of athletes or professionals to join any sports club);

7) Renewals of the Employment Pass

*Employers with exemptions may liaise directly with approval agencies for the application of expatriates. No need exemption letter from PERKESO.

B. Conditional Exemption

Requirement:

1. Specialized Skill Positions
Employers are required to complete the PDKK Form () and provide justifications for exemption from advertising on MYFutureJobs for SOCSO’s consideration for exemption.

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