Business Travel and Immigration Post-Brexit
Ensure your business and workforce are compliant with the new immigration regulations effective 1 January.
MALAYSIA: New Job Advertising Requirement for Employment Permit Applications [UPDATED 5 January 2021]
January 5, 2021
Effective 1 January 2021 (postponed from 1 November 2020), all companies (including those registered both with ESD and with MDEC) intending to apply for new or renewal employment permits for foreign workers are required to place an advertisement for the job vacancy for at least 30 days at the MYFutureJobs portal.
- First, the employer must register at MYFutureJobs and ePPAx, which may take up to 5 working days, and post the advert.
- Within 30 days of posting the advert, the employer will interview potential candidates.
- On the 8th day after posting the advert, the employer must update the company’s information in the ePPAx system.
- After the 30th day of the job advert, the employer must send a Hiring Outcome Report (HOR) via email to the Talent Executive Officer at SOCSO (Social Security Organization).
- The Expatriates Placement Committee (JPPD) will review the application and, in case of a positive outcome, a Recommendation Certificate will be sent to the employer by the JPPD secretary (timeframe unknown).
- Some positions are automatically exempt from this requirement:
- Expatriates under Key positions (approved by relevant government agencies e.g. MIDA etc) / C-Suites and expatriates with a monthly basic salary of RM15,000 and above;
- Renewals of EP applications;
- Expatriates under Representative Office or Regional Office approved under MIDA (Malaysian Investment Development Authority);
- Expatriates who are investors/shareholders/owners directly involved in the company’s operations. Shareholders must hold a minimum 30% in the company and must be appointed as the company’s Director and/or hold positions of interest;
- Expatriates under intra-company transfers, intra-company assignments/secondments/Trade Agreements;
- International Organizations subject to the International Organisation Act (Privileges and Immunities) (Act 485);
- Sports sector – Recruitment of athletes/professionals to join any sports organisation/club in the country.
- Other skilled positions not mentioned under automatic exemptions may be conditionally exempted:
- Employer to complete the Form PDKK at https://bit.ly/PDKKPERKESO
- Conditional exemption will be provided if employers are able to provide sufficient justification on the need for the expatriate’s skill sets and the difficulty in hiring locals for the job.
- If successful, a notification of exemption status will be sent via email.
- If not successful, the job vacancy must be advertised.
- This requirement does not apply to applications for Professional Visit Pass (PVP), Residence-Pass Talent Dependant Pass, Long-Term Social Visit Pass or Internship, or applications by agencies in government sectors.
- Positions already submitted for advertising on JobsMalaysia will be processed according to the previous eligibility requirements.
Employers who may be affected are encouraged to contact a Newland Chase immigration specialist for case-specific advice.
For general advice and information on immigration and business travel to Malaysia, please contact us.