IMMIGRATION COMPLIANCE
Legal Requirement for Employment Pass in Malaysia
Foreign nationals must hold a valid employment pass before commencing work in Malaysia. Here is the legal basis, what the pass covers, and what it doesn’t.
Legal Basis
Required under the Immigration Act 1959/63 and Immigration Department regulations. Working without prior authorisation from the Director General of Immigration is a breach of the law.
What It Is
Authorisation to reside and work in Malaysia, tied to a specified employer, a designated position, and a fixed duration.
What It Does Not Cover
No general right to work elsewhere. Employment with a different entity requires separate approval.
Employer's Role
Must substantiate the legitimacy of the position and the employee’s qualifications during approval.
Consequences of Non-Compliance
Fines, revocation of immigration privileges, detention, and deportation. Employers may also face liability.
"A tourist or social visit pass allows work in Malaysia."
Incorrect. These passes do not authorise employment in any form.
"An employment pass allows work for any company in Malaysia."
Incorrect. It is restricted to the approved employer and position only.
"Employment can start while the pass application is pending."
Incorrect. Work may only commence once the pass is officially approved and issued.
"Changing job duties within the same company needs no approval."
Not always correct. Significant changes may require notification or re-approval from the authorities.
