Work Pass Options under the Expatriate Services Division (ESD) in Malaysia
Written by Niki Lim, Legal Associate
The Expatriate Services Division (ESD) in Malaysia is a vital resource for employers seeking to hire expatriate workers. Understanding the different work pass options available through the ESD is crucial for companies looking to bring in foreign talent.
We will explore the various work passes offered, their eligibility criteria, and the legal considerations surrounding them for both employers and expatriate employees.
—— Employment Pass (EP) ——
The Employment Pass is tailored for skilled expatriates holding key positions within a company. This pass is particularly suitable for managerial, technical, or professional roles. To comply with legal requirements, employers must ensure that their expatriate candidates meet the EP’s stringent eligibility criteria, including a minimum monthly salary threshold, educational qualifications, and relevant work experience.
—— Professional Visit Pass (PVP) ——
The Professional Visit Pass allows expatriates to engage in short-term professional activities in Malaysia, such as attending meetings, providing consultations, or conducting training sessions. While not as binding as the Employment Pass, it is essential to understand the legal framework surrounding the PVP and ensure compliance with its duration limits and potential extension processes.
—— Residence Pass-Talent (RP-T) ——
The Residence Pass-Talent is designed for highly skilled individuals who hold executive positions or possess specialized expertise in specific fields. With a longer-term validity, the RP-T provides greater flexibility for expatriates, including the ability to change employers without the need for a new pass. It is crucial for employers to navigate the legal requirements and benefits associated with the RP-T when considering hiring top talent.
—— Dependent Pass (DP) ——
The Dependent Pass allows immediate family members (spouse and children) of an expatriate worker to reside in Malaysia. Employers need to understand the legal obligations and privileges associated with the DP, including providing access to education, healthcare, and employment opportunities for dependents during their stay in Malaysia.
—— Social Visit Pass (SVP) ——
The Social Visit Pass is not a work pass, but it grants expatriates entry into Malaysia for non-work-related purposes, such as tourism, visiting family or friends, or attending conferences. While it may not have the same legal obligations as work passes, it is essential to be aware of the permitted duration and purposes of the SVP to avoid any legal complications.
—— Foreign Maid Pass ——
Foreign Maid Pass is specifically designed for employers who wish to hire foreign domestic helpers, commonly known as maids. The Foreign Maid Pass enables employers to legally employ foreign domestic workers to assist with household chores, caregiving, and other related duties. Employers must comply with the relevant regulations and guidelines set by the ESD to ensure a smooth and lawful employment process for foreign domestic helpers. It is advisable to seek legal advice and guidance to navigate the specific requirements and responsibilities associated with the Foreign Maid Pass, ensuring compliance with labor laws and regulations governing the employment of domestic workers in Malaysia.
To apply any work pass options offered by the Expatriate Services Division (ESD) requires a comprehensive understanding of the legal landscape in Malaysia.
Employers must ensure compliance with eligibility criteria, duration limits, and any legal obligations associated with each work pass. Seeking legal guidance from experts in immigration law will help employers and expatriate employees navigate the complexities of the ESD, ensuring a smooth and compliant hiring process. By staying informed and adhering to the legal requirements, employers and expatriates can foster successful working relationships and contribute to Malaysia’s diverse and thriving workforce. Click HERE for legal guidance.