ENHANCEMENTS TO THE IMPLEMENTATION OF INITIAL APPROVAL FOR HIRING FOREIGN WORKERS UNDER SECTION 60K OF THE EMPLOYMENT ACT 1955
08 January 2025
Dear Valued Clients,
We are pleased to inform that the Department of Labour Peninsular Malaysia (JTKSM) has enhanced the implementation of the initial approval for hiring foreign workers under section 60K of the Employment Act 1955 by improving the modules and adding new functions to upgrade the ePPAx system - the multi-tiered levy (MTL).
The upgraded modules and functions went live on 2 December 2024. Key updates in relation to the application for Employment Pass (EP) and Professional Visit Pass (PVP) are as below:
- Section 60K of the Employment Act 1955 [Act 265]
- Effective 1 January 2023, this section mandates that employers obtain prior approval before hiring foreign workers. This applies to all non-citizen employees, as defined in Section 2 of Act 265.
- Scope of Section 60K
- Applicable only to the recruitment of new foreign workers.
- Not applicable to the renewal of Employment Passes (EP), Temporary Employment Visit Pass (PLKS), or other passes.
- Mandatory for all employers, including those with positions exempted from job vacancy advertisements by PERKESO.
- Approval is granted to the employer only.
- Application Process
- All applications for prior approval must be submitted through the Integrated Foreign Workers Management System (ePPAx) at ePPAx Login.
- For expatriates, the company may refer to the [Sub Module: Expatriate]
- For Foreign Fishermen / Foreign Security Guards / Ship Crew / Residence Pass Holders / Residence Pass-Talent (RP-T) Holders / Student Pass Holders / Professional Visit Pass (PVP) / Professional Pass / Construction Employers G1, G2, and G3, please refer to [Sub Module: Other Passes 1]
- Special Requirement for Construction Sector Employers
- Employers in the construction sector (contractors G4 to G7) must declare their construction project in the CIMS CIDB system before submitting their application in ePPAx. Project data will be integrated with the ePPAx system.
- Approval Documents
- For applications submitted through the ePPAx system, approval documents can be directly generated via the system on the application status check screen.
- Validity Period
- The validity period for Section 60K approval is 12 months for all categories of foreign workers or non-citizen employees managed by JTKSM, effective from 1 October 2024. This excludes approvals issued under the Special Employer Change Process (PTM Khas).
For further clarification related to documents or agency requirements, kindly contact JTKSM at:
- Phone: +603-8886 2498 / 5235 / 5208 / 2406
- Email: bpajtksm@mohr.gov.my
For technical assistance regarding MYXpats, please contact the MYXpats Helpdesk at:
- Email: helpdesk@myxpats.com.my
- Phone: +603-7839 7171
Thank you for your attention to this matter.
Sincerely,
MYXpats Centre