MCO and Employer- Employee Relationship
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Government’s interventions and initiatives in response to COVID-19 (e.g. implementation of Movement Control Order (“MCO”), Prihatin Economic Stimulus Package, Loan Repayment Moratorium and etc.) has foreshadowed the disruptions to the ordinary course of business in all industries and the daily life of people. Most of the company’s business operations, specifically the non-essential services have been temporarily suspended or restricted in fight against COVID-19.
Therefore, planning for the reopening is very important in order to keep down the losses or to avoid any unnecessary issues in the managing and the running of business after the MCO period is lifted. If your company is highly dependent on foreign workers such as construction, plantation, manufacturing industries and etc. or foreign employees, it is essential to ensure the immigration compliance for a smooth transition towards a resumption of business operations after the MCO is lifted. Employers are required to engage in all immigration compliance (if applicable) during COVID-19 as the immigration process operates exclusively online and is fully operational at this time.
The following are arranged in thematically, some important information which we garnered from the guidelines and FAQs issued by Immigration Department of Malaysia and Ministry of Home Affairs to shed some lights on position taken by the government during the MCO period:-
a) All immigration offices are closed during MCO period including Immigration Headquarters at Putrajaya.
b) MYXpats Centre as well as call services will be temporary unavailable until further notice. All communications with MYXpats Centre will be limited to email only.
Dependant Pass/ Social Visit Pass/ SVP-1
c) If your worker’s employment pass (including Temporary Employment Visit Passes) is expiring during the MCO period:-
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He or she who wishes to return to the home country, is allowed to leave Malaysia without renewing the pass (it is advisable to contact their respective embassy prior to taking any action); and
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He or she who intends to renew the current pass, may proceed with the same within 14 days once the MCO is lifted.
d) If your worker is currently abroad (e.g. at home country and etc.) and his or her employment pass (including Temporary Employment Visit Passes) is expired during MCO period, he or she is only allowed to return to Malaysia within 3 months after MCO is lifted and shall renew the same within thirty (30) days from the date of entry to Malaysia.
e) If your worker (with expatriate pass holders) is involved in essential services (as defined by the Government) but is currently abroad, he or she is required to obtain approval from the relevant ministry or regulatory bodies and the Director General of Immigration before departing to Malaysia, and will be subject to 14 days of self-quarantine upon arrival.
f) Application for employment pass and/or professional pass application online through the Expatriate Services Division (“ESD”) System remains open during MCO period. However, the decisions will be deferred until the MCO is lifted.
** Note:
– Decision for the projection request will be made within 5-10 working days. Please plan and apply ahead of time to avoid any delay in the submission of your applications due to pending/ unavailability of projection approval.
– Please keep your company details updated in the ESD online portal prior to submission of projection application. The required details are:–
(1) e-SSM (current year);
(2) Latest justification on the need of expatriates (new or renewal for current year)
– Name and nationality for each expatriate
– Position
– Basic Salary (per month in Ringgit Malaysia)
– Duration of project/ Assignment/ Contract
– Job description
– Reasons of hiring expatriate instead of local for particular position
(3) Supporting documents (if applicable):
– Contracts
– Letter of Awards
– CIDB license for new project
– Any other relevant documents
– Please fill out the application form carefully and completely as physical submission of documents for online amendment has been temporarily suspended until further notice.
– Applications which have been submitted prior to MCO period will be processed accordingly. However, all approvals and decisions may be delayed.
– All new applications for nationalities from the following countries will not be processed until further notice:-
(i) People Republic of China (PRC) from Wuhan City, Hubei, Zhejiang and Jiangsu provinces (Effective on 9/2/2020)
(ii) Republic of Korea (Effective on 13/3/2020)
(iii) Italy (Effective on 13/3/2020)
(iv) Iran (Effective on 13/3/2020)
– All new applications for any nationalities who were present at any points from the following countries within 14 days before entering Malaysia will not be processed until further notice:-
– China (Wuhan City, Hubei, Zhejiang and Jiangsu provinces)(Effective on 9/2/2020)
– Republic of Korea (Effective on 13/3/2020)
– Italy (Effective on 13/3/2020)
– Iran (Effective on 13/3/2020)
– Japan (Hokkaido Island) (Effective on 6/3/2020)
g) Contact helpdesk@myxpats.com.my for advice if the applicant’s passport is currently held by MYXpats Centre.
** Note: Please provide your employee a copy of passport and relevant supporting documents (e.g. proof of submission of passport such as email notification) for proof of identity as temporary measure.
h) All scheduled meeting or appointment with MYXpats are adjourned until further notice.
i) Application for renewal of temporary employment visit pass (for labourers and domestic workers) could be made through the My EG Services Bhd (MyEg) system linked with the Malaysian Immigration System (MyIMMS) in the event the same expires during MCO period and the approval will be granted if the terms of renewal has been complied with.
Useful links
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https://www.imi.gov.my/index.php/en/pass.html?id=296#application-for-temporary-employment-pass-for-a-foreign-worker for more information
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MyEg – 03-78018888/help@myeg.com.my
