Malaysian Government issues New Requirements for Hiring of Expatriates

Companies that intend to hire new expatriates or foreign workers will be required to advertise job vacancies via the MYFutureJobs portal from 1 November 2020.
 
Vacancy advertising on MYFutureJobs shall be for a period of no less than 30 days for the hiring of expatriates. This process is aimed at prioritising the employment of local candidates over expatriates.
 
This new requirement for the hiring of expatriates entails, in gist, the following process:
 
  1. The company is first required to create an online account in the MYFutureJobs portal and upload a notice to advertise the relevant job vacancy.
  1. Within three days after the job vacancy is advertised, the company must complete the PAPD Form. The PAPD Form may be obtained from http://bit.ly/PAPDPERKESO.
  1. The company is then required to interview local prospective candidates (if any) within 30 days of the job vacancy advertisement and submit an interview outcome report, a template of which may be obtained from www.perkeso.gov.my.
  1. All applications will then be presented at the Expatriates Placement Committee (“EPC”) for consideration. EPC will also notify the relevant approval agencies of their recommendation on whether expatriates may be hired for the job vacancy.
For ‘key post’ expatriate positions, companies may apply for an exemption from advertising the job vacancy and conducting interviews by submitting an appeal letter to PERKESO. To apply for an exemption, companies must:
 
  1. Complete the PAPD Form;
  1. Submit and appeal letter to PERKESO through PERKESO’s Employer Key Account Officers. The appeal letter must contain the following details:
  1. Position title and category;
  2. Number of vacancies; and
  3. Salary offered.
Companies may appeal rejected applications by submitting a written appeal to the Department of Labour.
 
Companies which have advertised job vacancies on the JobsMalaysia portal before 1 November 2020 are not required to resubmit the same on the MYFutureJobs portal.
 
Further information may be obtained here.  
 
 
Alert by Sara Lau (Senior Associate) of the Employment Practice of Skrine