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

Employers who employ non-resident workers in Sarawak must obtain a License to Employ Non-Resident Workers as provided under Section 119 of the Labor Ordinance (Sarawak Chapter 76).

Penalty

Employers who fail to obtain the license can be fined not exceeding RM10,000.00 or 6 months imprisonment or both if convicted under Section 130L, Labor Ordinance (Sarawak Chapter 76).

Application for Non-Resident Employee in Sarawak.

Employers are required to apply for and obtain a License to Employ Non-Resident Employees from the Sarawak Director of Labour. The category of non-residence workers covered under Section 2 of the Labor Ordinance (Sarawak Chapter 76) is manual workers regardless of salary rate and non-manual workers who receive a salary of up to RM2500.00.

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 also need to ensure that the salaries offered to non-resident employees applied for are equivalent to the position and not less than the minimum wage rate enforced. In addition, the employee applied for must have a qualification or experience not less than advertised and employers must comply with the provisions of the labour law in force.

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