25LegaL inVeStment emPLOyment PaSS CategOry iii According to the Ministry of Human Resources there are currently more than two million foreign workers legally employed in Malaysia Probably in line with the government s decision to issue a freeze on the intake of new foreign workers from all source countries such as Myanmar India or Thailand the new employment pass category III was introduced to attract a better skilled work force while lowering the requirements for the employment pass application The employment pass category III is available for all foreign employees with an employment contract of not more than 12 months and a monthly basic salary between RM2 500 and RM4 999 Other than the employment pass category I and employment pass category II the employment pass category III does not allow the holder to apply for a dependent pass for his relatives The employment pass category III is valid for one year and can be renewed for two times subject to review by ESD After the employment pass has been renewed for two times there is a cooling off period As such the employee has to leave the country and to serve a three months cooling off period before being able to apply for a new employment pass category III and enter the country again According to ESD an exemption will however be given if the employee is converting his employment pass category III into an employment pass category I or II Employment pass category III holders who are changing their employers must leave the country and serve a three months cooling period as well Companies who intend to apply for employment passes category III have to obtain the approval from the Ministry of Home Affairs to be exempted from the minimum salary requirement of RM5 000 SUmmary Overall the alterations of the immigration policy are beneficial for all companies that intent to hire high skilled foreign workers in Malaysia Tightening the administrative practice at the point of entry does not impair the overall benefits but only call for a better planning of all employment and immigration matters Philipp Kersting is the Director of Luther in Malaysia Before joining Luther in 2014 he was partner of a specialised law firm consulting clients in the music and entertainment industries across Europe He advises European SMEs and MNCs in Indonesia Malaysia and Southeast Asia regarding corporate tax investment and JV strategies Further areas of expertise include IP copyright media and technology Jörg Schmidt joined Luther in Malaysia after being admitted to the bar in 2015 During his studies he specialized in international commercial law He worked for law firms in Tokyo and Singapore and the German Chamber of Commerce in Guangzhou He advises European and American SMEs and MNCs in Malaysia with regard to corporate matters and transactions

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