Frequently Asked Questions (FAQ)
In-house and Public Training
1.Can I hire a undocumented immigrant (Pendatang Asing Tanpa Izin-PATI) ?
No, hire a PATI is prohibited. You can be fined up to a maximum of RM50,000 for every hired PATI or imprisoned not more than five (5) years based on Immigration Act Section 55B .
2. Can I hire a refugee?
No, hire a refugee who has a UNHCR card is prohibited. The UNHCR card is only an identity document. It does not provide refugees with a formal right to work in Malaysia.
3. Do I need to get approval before hiring a foreigner?
Yes, you need to get an approval is a MUST. For hiring foreign workers, you need to get an approval from Ministry of Home Affairs (KDN) and Immigration Malaysia. For hiring professional expatriate or FDH (maid), you need to get approval from Immigration Malaysia.
4. Do I need to renew Temporary Foreign Worker Permit (PLKS) ?
5. Can I appoint third party to act on behalf for foreign workers related matters?
Yes, you can appoint private employment agency, category C (Agensi Pekerjaan Swasta Lesen C- APS lesen C) to act on behalf. Only APS lesen C is given authority to act on behalf on matters related foreign workers, professional expatriate and FDH(maid).
Click here to check the latest APS lesen C list in Malaysiafi.
1. Do I need to register with Human Resource Development Fund (HRDF)?
Yes, you are COMPULSORY to register with HRDF if you hire ten (10) or more Malaysian. The monthly levy is charged at the rate of 1% of the monthly wages of employees. You can be fined up to maximum RM10,000 or imprisoned not more than 1 year (or both) based on PSMB act 2001, section 13(2).
2. How am I going to claim the levy from HRDF?
You can claim the levy by sending employees to attend HRDF claimable public training or invite recognized trainer or training provider to organize in-house training. Remember to submit your claim before you attend a training through eTris.
3. Will mine levy be confiscated?
Yes, the unutilized levy will become ineligible if claim is not made within two (2) years continuously. So, make sure you fully utilize your paid levy.
Click here for further information on Unutilized Levy Mechanism.
4. For construction personnel, do I need to attend training by Construction Industry Development Board (CIDB)?
5. For construction contractor, do I need to attend training by Construction Industry Development Board (CIDB)?
Yes, you are required to attend minimum number of trainings to earn CCD points for renewing certificate of contractor. Different grade of certificate will require different total CCD points to renew one (1) year up to maximum three (3) years .
Click here for the total renewal CCD points for different grade of certificate on page 28.