Employment of Foreign Domestic Servants and Foreign Employees in Malaysia
Employment of Foreign Domestic Servants and Foreign Employees in Malaysia

Employment of Foreign Domestic Servants and Foreign Employees in Malaysia

Foreign Domestic Servants

A domestic servant is defined as a person employed in connection with the work of a private dwelling-house including a cook, house-servant, butler, child’s nurse, valet, footman, gardener, washerman or washer-woman, watchman, groom, and driver or cleaner of any vehicle licensed for private use.

A domestic servant falls within sub-paragraph 2(5) of the First Schedule of the Employment Act 1955, thus covered by the Employment Act 1955 (‘EA 1955’), likewise a foreign domestic servant.

Foreign domestic servant simply refers to a domestic servant who is neither a citizen nor a permanent resident of Malaysia.

In another word, the basic rights of a foreign domestic servant are similar to that of a local domestic servant (refer to our earlier article on Basic Guide to Employment Law in Malaysia) save and except as follows:-

  1. Duty to inform

An employer who employs a foreign domestic servant shall within thirty (30) days of the employment, inform the Director General of such employment, failing which the employer will be liable to a fine not exceeding RM10,000.

If the service of a foreign domestic servant is terminated—

(a) by the employer;
(b) by the foreign domestic servant;
(c) upon the expiry of the employment pass issued by the Immigration Department of Malaysia to the foreign domestic servant; or
(d) by the repatriation or deportation of the foreign domestic servant,

the employer shall within thirty (30) days of the termination, inform the Director General of such termination, failing which the employer will be liable to a fine not exceeding RM10,000.

  1. Notice of Termination

Termination may be done by the employer or the domestic servant by giving the other party fourteen (14) days’ notice of termination, or by indemnifying the domestic servant the wages which she would have earned for the 14 days as a domestic servant.

In spite of that, the employment may be terminated without notice and without indemnity on the ground of misconduct by either party relating to inconsistency with the terms and conditions of the contract.

It is pertinent to note that the act of the foreign domestic servant absconding from his place of employment is deemed to be a form of termination of service by the foreign domestic servant.

Foreign Employees

A foreign employee simply refers to an employee who is not a citizen of Malaysia and who falls within the categories of employees under the First Schedule of the EA 1955.

For a basic understanding of employee covered by the EA 1955, do refer to our earlier article on Basic Guide to Employment Law in Malaysia.

Generally, no foreign employee can be employed without a valid employment permit issued on him.

In addition, the law imposes the following requirements in hiring a foreign employee:-

  1. Duty to furnish information

An employer who employs a foreign employee shall within fourteen (14) days of the employment, furnish the Director General with the particulars of the foreign employee, failing which the employer will be liable to a fine not exceeding RM10,000.

  1. Termination of Service

If the service of a foreign employee is terminated—

(a) by the employer;

(b) by the foreign employee;

(c) upon the expiry of the employment pass issued by the Immigration Department of Malaysia to the foreign employee; or

(d) by the repatriation or deportation of the foreign employee,

the employer shall within thirty (30) days of the termination, inform the Director General of such termination.

It is pertinent to note that the act of the foreign employee absconding from his place of employment is deemed to be a form of termination of service by the foreign employee.

  1. The requirement on the employer to terminate foreign workers first

In a way to safeguard the local employees, the employers are prohibited to terminate the employment of a local employee for the purpose of employing a foreign employee.

In the event of retrenchment or redundancy, employers are also prohibited to terminate the employment of local employee unless he has first terminated the foreign employee employed by him in a capacity similar to such local employee.

  1. Complaints made by the local and foreign employee

The governing authority remains at the Department of Labour as the Director General is conferred with the authority to inquire into complaints made by either the local or foreign employee in respect of the following:-

(a) local employee being discriminated against in relation to a foreign employee by the employer in respect of the terms and conditions of his employment; or

(b) a foreign employee being discriminated against in relation to a local employee by the employer in respect of the terms and conditions of his employment.

You may refer to this link for more information on the recruitment of foreign worker.

 
About the Author: 

This article was written by Chia Swee Yik, Partner of this Firm (+6016 2148 218, chia@chialee.com.my), who endeavors to provide practical advice on employment law.

Feel free to contact him if you have any queries.

Get In Touch
Please do not hesitate to reach us out with the contact information below, or send us a message using the forms below. Our team will respond to you with a quote, if not answer your straightforward question right away. We assure you all information shared with us will be kept private & confidential.

4 Comments

  1. Pingback: priligy coupon for walgreens

  2. Pingback: where to buy hydroxychloroquine 200mg

  3. Pingback: buy plaquenil hydroxychloroquine tablets for humans

  4. Pingback: hydroxychloroquine use in mexico

Comments are closed.