Guidelines for Workers from India seeking Employment in Malaysia

Before you take up any legal employment in Malaysia, please get familiar with the laws and working conditions of Malaysia. These details can be found at the website www.mohr.gov.my.

You are strongly advised not to work illegally in Malaysia, as it will lead to arrest, detention and very high fines.
If you are a citizen of India planning to take up legal employment in Malaysia, please read carefully the advisory given below:

I.If you are planning to take up Legal Employment in Malaysia, you require the following documents:

• You must ensure that you have a valid Indian Passport issued by the Regional Passport Officer of your State. The Passport should be valid for a minimum period of six months.

• A valid Visa from the Malaysian High Commission in Delhi or Consulates in Chennai or Mumbai must be stamped on the Passport.

• Always keep a photocopy of your Passport and Visa separately from the original documents.

• You must have a copy of the Employment Contract signed by you and your foreign employer, duly attested by the Registered Recruiting Agent in India.

• Insist on a copy of the Employment Contract in English duly authenticated by the Licensed Recruiting Agent;

• You must ensure that the contact details of your employer in Malaysia are with you before leaving India.

• WARNING: You will become illegal in Malaysia if you do not have the above required documents, i.e, Valid Indian Passport, Valid Employment Visa from Malaysian High Commission/Consulate and Employment Contract.

II. Additional Useful Documents/Information:

• Open a Saving Bank N. R. E Account in one of the Banks in India to enable you to send your remittances from Malaysia;

• Get familiar with local labour laws, working and living conditions of Malaysia.

• Keep complete address and contact details of following:
  
  
• High Commission of India, Kuala Lumpur with you. [Address:   , , , Fax: , Website: indianhighcommission.com.my
  
  
• Malaysian Labour Department Hotline:
  
  
• Malaysian Immigration Department Operation Room:

  WARNING:

• Do not leave India without a valid Passport, Valid Visa and Employment Contract.
  
  
• Ensure that you do not carry any narcotics or contraband goods. Possession of drugs is a serious offence punishable by jail or by death.
  
  
• Do not accept any parcel from any unknown person when travelling to Malaysia. If you have to take a parcel for someone you already know, check thoroughly that it does not contain alcohol or narcotics. Otherwise, it may land you in serious difficulties in Malaysia.

ON ARRIVAL IN MALAYSIA:

• Obtain a Resident Permit or Identity Card, Labour Card.
  
  
• DO NOT give your Passport and copy of Employment Contract signed by you in India to any unknown person. If your employer takes your Passport, ensure that the photocopy is kept with you at all times.
  
  
• DO NOT sign any other Employment Contract or any blank paper during your stay in Malaysia.
  
  
• DO NOT strike work or resort to agitations. These are illegal under local labour laws. You could be arrested, imprisoned and also deported.
  
  
• Report any complaints about non-payment or delayed payment of wages or compensation, or any other problem to the High Commission of India in Kuala Lumpur.

Important Information That You Need to Keep Always:

• You must always keep a photocopy of all the pages of your Passport and Visa (Separately from the Original Passport).
  
  
• If you lose your Passport, inform the High Commission of India immediately giving details, i.e, Passport Number, Date and Place of Issue, your name and the date of entry into the country of employment. You can give these details only if you keep a photocopy of your Passport
  
  
• Do not lose your copy of the Employment Contract. Always keep a copy of the same.
  
  
• Keep telephone numbers and contact details of your family members in India and of your Indian Agent very carefully, so that you can contact them in any emergency.
  
  
• Please give a photocopy of your Passport, Employment Contract, Contact details of Indian Recruiting Agent and Malaysian employer to your family in India before you leave for Malaysia. This is important in case you lose it while in Malaysia.
  
  
• You must have the full name, address and telephone/fax number of your foreign employer, before you leave India.
  
  
• If you cannot locate your foreign employer after you arrive in Malaysia, contact the High Commission of India immediately.
  
  
• Do not accept any offer of employment, either permanent or temporary, from any person/establishment other than the sponsoring agency or company in Malaysia. It will attract punishment.
  
  
• Get your visa/employment contract renewed before it expires. If you are returning to India on leave, ensure that the validity period of your visa does not expire before you go back to Malaysia.
  
  
• Always ensure that your Passport is valid. Get it renewed at least two months before it expires either from the High Commission of India, Kuala Lumpur or from the Regional Passport Office (RPO) in India.

WORKING CONDITIONS IN MALAYSIA:

• Before coming to Malaysia, you must talk to people who are either working in Malaysia or have worked in Malaysia in the recent past to know about the living conditions and working conditions in Malaysia.
  
  
• Do not come to Malaysia with pre-conceived notions and be prepared to leave as and when things do not turn out the way you had imagined or wanted it to be.
  
  
• Unless the sponsor co-operates, it is extremely difficult to get exit visa to return to India and you may have to fight long legal battle/ stay in deportation centre/jail to get exit from Malaysia.
  
  
• In case of dispute with the employer, before the employer declares you as absconding from work, please approach the nearby Police Station/Labour Office after consulting the High Commission (and your recruiting agent if you have recently arrived in Malaysia) over phone.
  
  
• Strike by workers is illegal in Malaysia.
  
  
• A copy of your passport, the details of the sponsor/company and the recruiting agent in India/ Malaysia (name, full address, tel/fax numbers), contact numbers of friends/relatives residing in Malaysia should be with you when you arrive in Malaysia. It is advisable to leave a copy of all these details with your family in India also before travelling to Malaysia.
  
  
• Immediately after arrival in Malaysia, you should give your complete residential address and contact numbers in Malaysia to your family in India.
  
  
• You must be thoroughly acquainted with all this and you must not come to Malaysia only on the basis of what your Recruiting Agent tells you.