(1) Introduction

The employment of a non-resident employee in Sabah is subject to the provision of Section 118 of the Labour Ordinance (Sabah Cap 67). Every employer in the State who employs non-resident employee is required to obtain a license from the Director of Labour, Sabah as stipulated in the said provision quoted below:-

“Section 118 No person shall knowingly any immigrant worker unless he has obtained a license from the Director to do so in such form and subject to such conditions as may be prescribed”.. The suitability of the employer is an essential criteria to be ascertained in considering and approving the application for a License to Employ Non-Resident Employee.

(2) Features of a suitable employer

(a) The business operation carried out by the applicant (employer) must be legal and supported by strong financial background;

(b) The applicant (Employer) has not committed any offence in respect of any contravention of any of the provisions of the labour laws or other related legislations;

(c) The applicant (employer) shall insure all the non-resident employees in his employment under the Workmen’s Compensation Insurance Scheme as stated under the Workmen’s Compensation Act, 1952;

(d) The services of the non-resident employees intended to be employed is genuinely required by the applicant (employer);

(e) The rate of wages offered to the non-resident employees must be similar to the rate of wages offered to local employees.

(3) Economic Sector and category of employment permitted.

(i) Housemaid.

(ii) General Worker in sector:-

(a)    Plantation

(b)    Agriculture

(c)    Breeding

(d)    Fishery

(e)    Factory/Export Oriented Manufacturing concern.

(f)    Construction.

(4) Nationalities of foreign employee allowed

(a) Indonesian nationality

(b) Filipino nationality.

(5) Duration of License To Employ Non-Resident Employee.

Valid for a period of one (1) year only and renewable on a year to a year basis.

(6) Employment contract for Non-Resident Employee.

Every non-resident employee employed must enter and sign an employment contract with his employer for duration of one year which is extendable on of a year to a year basis.

(7) Protection under an approved insurance Scheme

Every employer shall insure each and every non-resident employee (except those employed as domestic servants) under the Workmen’s Compensation Insurance Scheme provided for under the Workmen’s Compensation Act, 1952.

(8) Additional conditions for the application of a License to Employ Non-Resident Employee as Housemaid.

(a) The non-resident employee must not be less than 18 years of age for Indonesian housemaid and not less than 25 years of age for Filipinos.

(b) The applicant must be the wife.

(c) The applicant must have a joint monthly income as follows:-

(i)  RM 1,500.00 per month for the employment of Indonesian housemaid; and

(ii) RM 3,000.00 per month for the employment of Filipino housemaid.

(9) Application Forms for license application matters.

(a) Form JTK/PPA/1/04

(For new application, Renewal of License, Employment of housemaid, application for Workplace transfer and application for additional workers). 

(b) Form JTK/PPA/4/04

Particulars of non-resident employee to be employed 

(c) Form JTK/PPA/5 Pin.1/04

(For application to get a copy of License to Employ Non-Resident Employee).

(d) Employment Contract Format

(10) Penalties under the Labour Laws

(a) Labour Ordinance (Sabah Cap 67) (Section 120)

Section 120 (d) provides a penalty of a fine not exceeding RM10, 000.00 or imprisonment not exceeding 6 months.

(b) Workmen’s Compensation Act, 1952 (Section 26)

Section 26 stipulates a penalty of a fine not exceeding RM20, 000.00 or imprisonment for a term not exceeding 2 years or to both fine and imprisonment.

(11) Flow Chart on application of License To Employ Non-Resident Employee.

(a) House maid

(b) General Worker

(c) Renewal of License

(12) Work Process on application of License to Employ Non-Resident Employee.

(13) Checklist for application for License to Employ Non-Resident Employees.

(a) House Maid

 Applications are subject to these conditions:-

(1) The non-resident employee must not be less than 18 years of age for Indonesian housemaid and not less than 25 years of age for Filipinos. 

(2) The applicant must be the wife.

(3) The applicant must have a joint monthly income as follow:-

(a) RM 1,500.00 per month for the employment of Indonesian housemaid; and  

(b) RM 3,000.00 per month for the employment of Filipino housemaid.

(4) Applicant must submit application using Form JTK/PPA/1/04 together with these documents:- 

(a) Copy of applicant's identity card / passport 

(b) Copy of applicant's latest pay slip/Form J income Tax statement (Husband & Wife)

(c) Copy of applicant's marriage certificate

(b)  General Worker – New Application or additional worker

This License application is subject to quota approval from the Employment of Foreign Worker Committee for Sabah and Federal Territory of Labuan.

(1) Applicant should use these forms:-

(a) Form JTK/PPA/1/04

(For new application, additional workers, Renewal of License, Employment of housemaid and application for Workplace transfer).

(b) Form JTK/PPA/4/04

                        Particulars of non-resident employee to be employed

(2) Every application must enclose with these documents:-

(a) Copy of applicant's identity card/passport.

(b) Copy of company registration certificate (Form 9, 24 and 49).

(c) Copy of trading license (For Company)

(d) Copy of land Title (For Agriculture sector)

(e) Copy of applicant's latest income tax statement.

(f)  Copy of Workmen’s compensation insurance policy ( To apply for additional employees)

(g) Copy of License to Employ Non-Resident Employee (for additional employees)

(h) License to recruit (if available)

(i)  Sample of appointment letter / Employment contract

(3) Every completed application must be submited to this address in 5 sets:-

Urusetia,
Jawatankuasa Pengendalian Buruh Asing,
Jabatan Imigresen Malaysia,
Cawangan Sabah,
Tingkat 4-6, Wisma Dang Bandang,
Jalan Tengku Abdul Rahman,
88550 Kota Kinabalu.

(c) License Renewal

Applicant must submit his application using Form JTK/PPA/1/04 together with these documents:- 

(1) Copy of previous License to Employ Non-Resident Employee

(2) Copy of Workmen’s Compensation policy (For General Worker only)

(3) Copy of Trading License.

(4) Copy of sample of Employment Contract

(5) Copy of applicant's latest pay slip / income tax statement (Form J) – For House Maid application.

 

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