What Does Legally Authorized to Work Mean?

Many employers assume that if someone is already in Malaysia, they can be hired without issue.

But that’s not always the case. There’s a clear difference between being in the country and being legally authorized to work.

It’s a detail that’s often misunderstood and it can lead to serious problems if ignored.

This article will guide you through everything you need to know, from the legal definition to the documents required and how to confirm a worker’s status.

What Does "Legally Authorized to Work" Mean?

The term legally authorized to work means a person has the official right under Malaysian law to be employed. This right is different for different groups of people.

Citizens of Malaysia are automatically authorized to work and only need to present a valid MyKad (National Identity Card) as proof.

For permanent residents, the right to work is also granted. They have PR status and do not need any extra permit.

But for foreign nationals, things are more complicated.

Foreigners must get legal documents, usually from the Immigration Department of Malaysia, that state their job title, employer name, and how long they can work in the country.

Here are some of the most common types of work authorization:

Employment Pass (EP): foreign professionals who work in management or technical roles
Temporary Employment Pass (TEP): workers in manufacturing, construction, agriculture, or services
Professional Visit Pass (PVP): short-term assignments or training, usually less than 12 months
Student Pass with Work Rights: international students working part-time under strict rules
Permanent Residency: foreigners who have been granted long-term resident status

All of these documents are proof that a person has the legal right to be employed in Malaysia.

Why Employers Need to Ensure Workers are Legally Authorized to Work

You might think it’s okay to skip this check, especially if the worker seems reliable or the job is temporary.

But hiring someone without proper work authorization can cause serious problems for your business.

Here’s why it matters:

Legal risk

Malaysian law does not tolerate hiring unauthorized workers. If caught, employers can face a fine of up to RM100,000 per worker, or even jail time.

In more serious cases, if five or more illegal workers are found, the punishment may include caning, as stated under Section 55B of the Immigration Act 1959/63.

Reputation damage

News of illegal hiring can spread quickly. This could affect how your customers, clients, and potential employees see your company.

Business disruption

If foreign workers are found to be working illegally, they may be detained or deported. This could delay your operations or shut down your projects entirely.

So before you bring anyone on board, take the time to check their documents and make sure they are legally authorized to work.

Who is Legally Authorized to Work in Malaysia?

Here’s a breakdown of who can legally work in Malaysia:

1. Malaysian Citizens

They are automatically authorized to work. A valid MyKad is all the proof they need.

2. Permanent Residents (PR)

PR holders are not citizens, but they are given long-term stay and work rights. Their PR card is the document you’ll need to verify.

3. Foreigners with Work Permits

They can work if they have one of the following valid permits, such as Employment Pass (EP), Temporary Employment Pass (TEP), or Professional Visit Pass (PVP).

4. International Students (Student Pass Holders)

They can work up to 20 hours per week, but only during semester breaks or holidays of more than 7 days. Also, they can only work in specific jobs like:

Restaurants
Mini markets
Petrol stations
Hotels

They must get prior permission from the Department of Immigration, and the job should not affect their studies.

5. Dependent Pass Holders

These are usually spouses or family members of Employment Pass holders. They are not allowed to work by default.

If they want to work, they need to apply for their own valid work permit first.

How Employers Can Ensure Employees are Legally Authorized to Work

As an employer, it is your job to confirm that every worker in your company has the right documents. Here are some practical steps:

Step 1: Check their identification and work documents

Ask for the original MyKad, PR card, or passport with a valid work permit. If you’re hiring a foreigner, make sure the work permit clearly mentions your company name and job position.

Step 2: Use online verification tools

You can use these platforms to cross-check the worker’s status:

MyEG: to manage work permit renewals and immigration checks
Immigration Department of Malaysia e-Services: to track permit application status

Step 3: Review their i-Kad (for foreign workers)

An i-Kad is a plastic ID issued to foreigners with a valid work permit. It contains the worker’s photo, permit type, and expiry date.

While not always required, it is helpful for quick checks.

How to Confirm Work Authorization for Foreign Workers

Hiring foreign workers can be a great move, especially when you need specific skills or extra manpower.

But before they start work, it’s important to confirm whether they’re legally authorized to work in Malaysia.

Here’s how employers can check their work authorization properly:

1. Verify the Work Pass or Permit

Foreigners must have a valid permit issued by the Immigration Department of Malaysia.

The type of permit depends on their role, skill level, and industry.

The most common permits are Employment Pass (EP), Temporary Employment Pass (TEP), and Professional Visit Pass (PVP).

You should check the details written on the pass. It must match your company name, job position, and the permit must still be valid.

2. Check the i-KAD

Foreign workers and expatriates may also be issued an i-KAD, which looks like a plastic ID card. It includes:

Their name and photo
Type of work permit they hold
Passport number
Expiry date of the permit
Employer information

The i-KAD makes it easy to check a worker’s status at a glance. But not all workers carry it, so you should still ask for the original passport and work permit as the main reference.

3. Use Online Verification Platforms

To confirm that the information is correct, you can check their status using MyEG or the Immigration e-Services Portal.

These tools help reduce the risk of hiring someone who is using fake documents or has an expired permit.

4. Keep a Record of All Documents

Make sure to keep scanned copies of their passport, visa, permit, and employment contract in your records.

This helps in case you’re ever audited or asked to show proof during inspections.

Key Documents that Prove Legal Work Authorization

Every worker in Malaysia must have proper documents to show they are legally authorized to work. These documents may differ based on their nationality and status.

Here are the main types of documents to check:

For Malaysian Citizens

MyKad (National Identity Card)

For Permanent Residents

PR Card

For Foreign Workers

Employment Pass (EP)
Temporary Employment Pass (TEP)
Professional Visit Pass (PVP)

For International Students

Student Visa + Letter of Approval to Work Part-Time

The visa itself does not grant work rights automatically. They must apply separately through their school or employer for part-time work approval, and only during semester breaks or long holidays.

For Dependent Pass Holders

Dependent Pass + Approved Work Permit

They must first convert their dependent pass status by applying for their own Employment Pass or other valid permit if they want to start working.

How to Handle Expired or Invalid Work Authorization

Let’s say you discover that an employee’s work permit is about to expire — or has already expired. What should you do?

Here’s what you need to know:

You cannot let them continue working until their permit is renewed. Doing so would count as hiring an unauthorized worker.
Renew the permit early. Most renewals must be done at least 3 months before the expiry date. You may also need to send the employee for a medical check-up (usually done through FOMEMA).
Use the MyEG portal or speak with an agent who is licensed to handle immigration matters. Do not leave the renewal process to the last minute.

If the worker’s permit cannot be renewed, for example, if their passport is expiring or if there are issues with their past employment, you should stop the employment and speak with immigration authorities for further steps.

FAQ

Can I employ someone without a work permit in Malaysia?

No. Without a valid permit or proper documentation, the person is not legally authorized to work. It doesn’t matter how capable they are.

How can I verify if my employee is legally authorized to work?

Check the details on their permit, i-Kad, and passport. Use MyEG or immigration e-Services to double-check. If unsure, contact the immigration department.

What happens if an employee’s work permit expires while they are working?

The employee immediately loses their legal right to work. You must stop their employment until the permit is renewed. Continuing to employ them is against the law.

What are the penalties for hiring unauthorized workers in Malaysia?

You could face a fine up to RM100,000, jail for up to five years, and in extreme cases, caning, especially if multiple unauthorized workers are found.

Can foreign employees work without a work permit if they are on a dependent pass?

No. Dependent pass holders cannot work unless they apply for a separate valid work permit.

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