Types of Employment Pass

by | Jul 15, 2020 | Cheng & Co, Information

Application for Employment Pass:

There are three (3) types of employment pass:

  1. Category I (Expatriate with a basic salary above Rm 10,000 per month)
  2. Category II (Expatriate with a basic salary between Rm 5,000 to Rm 9,999 per month)
  3. Category III (Knowledge/Skilled worker with a basic salary between Rm 3,000 to Rm 4,999)

 

Basic differences:

Category I Category II Category III
Employment Contract up to 5 years Employment Contract up to 2 years Employment contract must not exceed 12 months
Dependants allowed Dependants allowed Dependants NOT allow

 

Exemption From Minimum Salary of RM 5,000 For Category III Application:

  1. Before applying employment pass for Category III, the company needs to obtain approval from the Ministry of Home Affairs (MOHA) to seek exemption from the minimum salary requirement of Rm 5,000.
  2. This is COMPULSORY for a company that falls under the unregulated sector or Regulatory Bodies, which is not in the purview of any Approving Agencies.
Unregulated Sector i.e.: business services, oil & gas, and etc.
Regulatory Bodies Sector
Ministry of Education Education
Ministry of Health (Traditional & Complementary Medicine) Healthcare
Ministry of Tourism and Culture Tourism
• National Sports Institute, Ministry of Youth  and Sport

• National Sports Council, Ministry of Youth  and Sports

• Related Associations

 Sports
Ministry of Agriculture and Agro-based Industries Agriculture
Malaysian Bioeconomy Development Corporation Sdn Bhd (Bioeconomy) Biotechnology
Department of Civil Aviation, Ministry of Transport Aviation
Department of Mineral and Geoscience, Ministry of Natural Resources and Environment Mining
Unit PUSPAL, Ministry of Communications and Multimedia Entertainment & Performance
Construction Industry Development Board (CIDB) Construction
Equestrian Association of Malaysia Equestrian

 

  1. The application for exemption the minimum salary requirement of Rm 5,000 can be done through ESD online by selecting a function for EP-III status under the setting.

Minimum requirements to meet for all three (3) categories:

  • Degree and above, with at least 3 years’ experience in the relevant field;
  • Diploma, with at least 5 years’ experience in the relevant field;
  • Technical Certificate or equivalent, with at least 7 years’ experience in the relevant field.

Requirements for Shareholders:

  • Shareholder(s) must have a minimum 30% entity in the company; AND
  • Must be an SSM-registered Director of the company AND/OR holds a key position in the company.

Note :

(1) Any changes in the applicant’s allotment of shares will affect the eligibility requirements. Please inform the Inspectorate Unit (JKI) of the Expatriate Services Division (ESD) officially in writing for any changes in the shareholder share allotment, together with the copy of relevant documents.  (2) This is the minimum criteria required to apply for Employment Pass. However, the approval of the application is subject to the discretion of the Expatriate Committee.

 

Documents Required:

Category I (Expatriate with a basic salary above Rm 10,000 per month)
·       Recent passport photo u

·       Copy of passport (full booklet with cover)

·       Copy of highest educational certificates

        *Please include a copy of Professional certificate (if applicable)

·       Latest comprehensive Resume

·       Release letter from the previous employer in Malaysia (for change of employer only)

·       Copy of Employment Contract (duly stamped by Malaysia Inland Revenue Board)

·       Supporting document from Approving Agency / Regulatory Body (if applicable)

·       Detailed Job Description printed on company’s letterhead

·       Latest 3 months’ salary slips (for Employment Pass renewal and change of position)

·       Latest e-BE /e-M tax  filing (for Employment Pass renewal or change of position or change of employer)

·       Tax payment receipts (if any)

·       Latest EA Form (for Employment Pass renewal or change of position or change of employer)

·       Account statement from Malaysia Inland Revenue Board (Note: upon request)

·       Other documents specified upon request

 

Category II (Expatriate with a basic salary between Rm 5,000 to Rm 9,999 per month)
·       Recent passport photo u Copy of passport (full booklet with cover)

·       Copy of highest educational certificates

        *Please include a copy of Professional certificate (if applicable)

·       Latest comprehensive Resume

·       Release letter from the previous employer in Malaysia (for change of employer only)

·       Copy of Employment Contract (duly stamped by Malaysia Inland Revenue Board)

·       Supporting document from Approving Agency / Regulatory Body (if applicable)

·       Detailed Job Description printed on company’s letterhead

·       Latest 3 months’ salary slips (for Employment Pass renewal and change of position)

·       Latest e-BE /e-M tax  filing (for Employment Pass renewal or change of position or change of employer)

·       Tax payment receipts (if any)

·       Latest EA Form (for Employment Pass renewal or change of position or change of employer)

·       Account statement from Malaysia Inland Revenue Board (Note: upon request)

·       Other documents specified upon request

 

Category III (Knowledge/Skilled worker with a basic salary between Rm 3,000 to Rm 4,999)
·       Recent passport photo u Copy of passport (full booklet with cover)

·       Copy of highest educational certificates.

        *Please include a copy of Professional certificate (if applicable)

·       Latest comprehensive Resume

·       Release letter from the previous employer in Malaysia (for change of employer only)

·       Copy of Employment Contract (duly stamped by Malaysia Inland Revenue Board)

·       Supporting document from Approving Agency / Regulatory Body (if applicable)

·       Detailed Job Description printed on company’s letterhead

·       Latest 3 months’ salary slips (for Employment Pass renewal and change of position)

·       Latest e-BE /e-M tax  filing (for Employment Pass renewal or change of position or change of employer)

·       Tax payment receipts (if any)

·       Latest EA Form (for Employment Pass renewal or change of position or change of employer)

·       Account statement from Malaysia Inland Revenue Board (Note: upon request)

·       Other documents specified upon request

 

Resources from https://esd.imi.gov.my/portal/expatriates/myxpats/key-services/employment-pass/

Let us assist you on the application, click “Applies of Employment Pass“.