Requirements to Obtain a License to Employ Non-Resident Employees.

Employers who intend to employ non-resident workers in Sarawak are required to obtain a Non-Resident Employee Employment Licence as provided under Section 119 of the Sarawak Labour Ordinance (Chapter 76).

Penalty

An employer who fails to obtain the said licence may, upon conviction under Section 130L of the Sarawak Labour Ordinance (Chapter 76), be liable to a fine not exceeding RM50,000.00, or imprisonment for a term not exceeding one year, or both.

Application for Non-Resident Employee in Sarawak.

Employers are required to apply for and obtain a Non-Resident Employee Employment Licence from the Director of Labour Sarawak. The category of non-resident employees covered under Section 2 of the Sarawak Labour Ordinance (Chapter 76) refers to those who have entered into a contract of service.

Employers must obtain the Confirmation Letter for the Local Worker Recruitment Report from the Social Security Organization (PERKESO) Sarawak and Job Sarawak via job.sarawak.gov.my first before submitting an application, except for Renewal License applications for the following positions:

1. General Worker in Agriculture Sector; and
2. Skill-Worker in Reflexology

(Application for Renewal for these two positions can be directly submitted to the Department of Labour Sarawak)

Employers must also ensure that the salary offered to the non-resident worker being applied for is commensurate with the position and not lower than the prevailing minimum wage rate.
In addition, the proposed worker must possess qualifications or experience that are not less than the criteria stated in the job vacancy advertisement.
Furthermore, employers are required to comply with all applicable labour laws currently in force.

All applications must be submitted online through the Sarawakian & Non-Sarawakian Online Labour System sansols.sarawak.gov.my.