Verification of the genuineness of visa/employment documents:
- Indian workers, who have obtained Malaysian visa, may wish to check the website below for the status of visas.
- Since all the companies in Malaysia are registered with Companies Commission of Malaysia (Suruhanjaya Syarikat Malaysia – SSM), the following procedures may be followed to check the genuineness of Malaysian companies:
(i) Visit the website https://www.ssm-einfo.my and register as e-account member to obtain a login ID & Password
(ii) Go to e-Account and log in. You can check from SSM website using either registration number or name of the company and other details.
Fate of Indian Nationals with ‘Visit visa’
Indian workers are strongly advised not to work illegally in Malaysia, as it will lead to arrest, detention and very high fines.
The problem of illegal migration from India to Malaysia persists and many of those who are arriving on tourist visa through informal channels in order to get employment are more vulnerable for exploitation of employers.
Tourist visa holders are not allowed to hold any job in Malaysia when they arrive on ‘Social Visit pass’ (tourist visa). Foreign nationals intending to work in Malaysia must obtain any one of the work visas: Employment pass, Professional visit pass or Resident pass.
Obtaining a work permit for Malaysia is often a lengthy and complicated process; however, choosing to work without a valid work permit is not an option due to Malaysia’s strict laws.
There are currently restrictions on the number of foreign workers a Malaysian company can employ. If any Malaysian company intends to hire foreign workers, then they will have to prove to the government that the potential employee and their position are of vital importance and the job cannot be filled by a local. Five sectors - Manufacturing, Plantation, Agriculture, Construction, Services - are open for employment for Indian workers in Malaysia.
Recently Ministry of Human Resources of Malaysia had announced that approximate 2.9 million foreign workers in Malaysia were working without proper documents. Malaysia launched an enforcement drive, Operations Bersepadu from January 2014 to identify, detain and repatriate the undocumented foreign workers in Malaysia. Approximately 8000 undocumented Indian workers have returned to India in 2014 and the drive is still going on for arrest and deportation of such workers.
Obtaining copy of the Employment contract while in India
As per the instructions of the Government of India, recruitment agents are expected to provide a copy of employment contract to each worker before his/her departure. To safeguard his/her own interest, an individual worker has to demand from the recruitment agent a copy of the duly signed contract before departure. Complaints may be lodged against defaulting agencies with the nearest Protector of Emigrants.
Guidelines for those Emigrating through RAs
- Be sure of your Recruiting Agent. Ask him to show his Registration Certificate issued by the Protector General of Emigrants, Govt. of India. Do not deal with him unless he is registered and the registration is valid. In case of doubt, check with any of the offices of the Protectors of Emigrants (POEs) or the Protector General of Emigrants (PGE).
- DO NOT deal with sub-agents as they are not permitted under the Emigration Act, 1983 and Rules.
- Ask the Recruiting Agent to show you the Demand Letter and Power of Attorney from the foreign employer.
- Also carefully go through the Employment Contract detailing the salary/wage levels and other service conditions.
- DO NOT pay the Agent anything other than the service charge more than the equivalent of his wages for forty-five days as offered in the employment contract, subject to a maximum of twenty thousand.
- Make payments preferably by Demand Draft or Cheque and obtain a receipt. Complaints of overcharging or cheating can be lodged with the concerned POE or with the Protector General of Emigrants (PGE).
Check before Departure
- Ensure you have a valid Passport at least for six months. A valid Visa must be either stamped on or accompany your Passport. Always keep a photocopy of your Passport and Visa.
- You must possess a copy of the Employment Contract signed by you and your foreign employer duly attested by the registered recruiting agent.
- Insist on a copy of Employment Contract in English duly authenticated by the recruiting agent.
- Open a Savings Bank N.R.E. Account in one of the Banks in India to enable you to send your remittances from abroad.
- Before you take up any legal employment in Malaysia, please get familiar with the laws and working conditions of Malaysia. Employment of foreign workers, Acts related to matters of employment in Malaysia including minimum wages and compensation is available at http://mohr.gov.my;
- Other guidelines concerning foreign workers arriving in Malaysia, immigration and visa related matters and provisions regarding visa for foreigners seeking employment is available at www.immi.gov.my under the head ‘main services’ and sub head ‘foreign worker’. Under the head ‘online services’ procedures for online applications are also provided.
- International Labour Organization brought out guide for foreign workers in Malaysia. This can be accessed from the website http://www.ilo.org/wcmsp5/groups/public/---asia/---ro-bangkok/documents/publication/wcms_250661.pdf to facilitate yourself with some other points mentioned there.
- Ensure that you do not carry any narcotics or contraband goods. Possession of drugs (including Ketamine) is a serious offence punishable by death.
DO NOT accept any unchecked parcel from any one while traveling. If you have to take a parcel for someone, check thoroughly that it does not contain alcohol or narcotics; otherwise, it may land you in serious difficulties on arrival in the country of employment.
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.
- In case any legal worker intends to break the terms of contract and wants to return to India prematurely, according to Malaysian laws, Checkout memo is required to be done by the Malaysian employer with the Immigration authorities. In the absence of this Check-out-Memo, no legal worker can leave the country as he will not be cleared by the Immigration.
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.
- Register on arrival with the High Commission of India, Kuala Lumpur.
- 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.
- DO NOT accept temporary or permanent employment with another person or establishment other than the sponsoring Company/establishment/person. Employment with persons other than your original sponsor is strictly prohibited and attracts severe punishment
The Government of Malaysia has announced that from February 2013, Annual ‘Levy Fee’ for issue and renewal of work permits will be paid by the employees, instead of their employers.
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.
- Keep copies of Certificates of educational qualification.
- Always ensure that your Passport is valid. Get it renewed at least six 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.
- 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.
Important Contacts / 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.
- Do not leave India without a valid Passport, Valid Visa and Employment Contract.
- Malaysian Labour Department Hotline:
- Malaysian Immigration Department Operation Room:
- High Commission of India, Kuala Lumpur is with you. You can reach the High Commission at the following address: