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Panduan Penyediaan DL

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Lampiran D(JTKSM(DL)04/19)

PANDUAN SEMAKAN DEMAND LETTER

(Cop Nama & Alamat Majikan)

Date :

……………………………………………….
……………………………………………….
………………………………………………. Nama & Alamat Agensi Pekerjaan Di Nepal
……………………………………………….
…………………….....................................
No. rujukan dan tarikh Kelulusan
Dear Sir,
Bersyarat oleh KDN

RE: DEMAND LETTER FOR RECRUITMENT OF WORKERS FROM NEPAL

Based on the Ministry of Home Affairs Approval Reference KDN/


dated , we hereby appoint your company to recruit
………………………………………… workers for employment with our company and
liaise with relevant authorities concerning recruitment. Bilangan pekerja asing diluluskan

Our recruitment terms and conditions are as follows:

1. Number of workers : ……………………….Workers

2. Sector : (cth: manufacturing, services etc)

3. Job Description :
Jawatan dan senarai tugas

4. Age : ………… years old


Pengawal Keselamatan:
(25-45tahun)
5. Criteria for the Recruitment and Employment of Security Guard :
Sektor lain:
(18-45 tahun)
a. Male aged between 25-45 years old
b. Former security forces (if possible but not compulsory)
c. Does not possess any criminal records
d. Minimum height of 1.57 meter
e. Minimum weight of 50 kg (110.2 pound)
f. Good health/medically fit and without any disabilities (inclusive of
good hearing and vision) as well as complies with the Malaysia medical
requirement for foreign workers
g. Having possessed basic communication skills in English or Malay language

6. Contract Period : 2 years


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7. Wages
Basic monthly wage : RM……… month (RM……… /day x 26 days) Maklumat
a. Allowances : RM……… month gaji, elaun
b. Overtime (OT) : RM……… month dan
bayaran
(Normal day : RM……/ 26 days / 8 hours x 1.5 x ……hours = RM……) Kerja Lebih
(Rest day : RM……/ 26 days / 8 hours x 2.0 x ……hours = RM……) Masa yang
(Public Holidays : RM……/ 26 days / 8 hours x 3.0 x ……hours = RM……) ditawarkan
Total minimum monthly income : RM …………… month

8. Working days : 6 days per week

9. Working hours : 8 hours per day or 48 hours per week

10. Contract Period :

a. The duration of contract shall be for a period of two (2) years from the date
of arrival of worker.
b. This Contract may be extended for another additional two (2) years by
mutual agreement of both parties.

11. Payments to be borne by the Employer :

The Employer shall be responsible for the following payments:


a. Security deposits as required by the Department of Immigration, Malaysia;
b. Processing fees imposed by the Government of Malaysia;
c. Visit Pass (Temporary Employment)
d. Employment Injury Scheme under the Employees’ Social Security Act
1969 and if applicable, the Foreign Workers Health Insurance Scheme
(SPIKPA) or any other insurance scheme as may be adopted by the
Government of Malaysia;
e. Medical examination in Malaysia (FOMEMA);
f. Security Screening;
g. Medical Examination in Nepal;
h. One Stop Centre, VLN, SEV/MEV;
i. Round trip Air Ticket;
j. Attestation fee by Embassy of Nepal in Malaysia;
k. Service charge by Malaysian Recruitment Agency and Nepali Recruitment
Agency.
(Provided that item (f) and (g) shall be reimbursed by the Employer to the
Worker together with the payment of first month salary of the Worker).

12. Wages :

a. This basic wage shall comply with the national minimum wage of Malaysia.
b. Wages shall be paid by the Employer on a monthly basis not later than
seventh day after the last day of the wage period.
c. The monthly wage shall be paid to an account at a bank, finance company,
financial institution or other institutions licensed or established under the
Banking and Financial Institutions Act 1989 [Act 372] of the Worker.
d. Every Employer shall furnish to every Worker employed by him in a
i. separate statement or card the particulars relating to details of wages
ii. and other allowances earned during each wage period.

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13. Rest Day :

a. The Worker shall be entitled to weekly rest day


b. In the event that the Worker, upon the request by the Employer, agrees to
work on such rest day, the Worker shall be paid at rate of:
1. 0.5 for less than 4 hours
2. 1.0 for 4 to 8 hours

14. Annual Leave, Sick Leave and Public Holidays :

Annual leave:
a. 8 days for the first two years of service; for period of service between two
years to five years the employee would qualify for 12 days of leave; and for
services of more than five years the employee qualifies for 16 days of
leave.
b. The Employer upon application from the Worker may grant 15 days leave
in case of death of close family members (parents, spouse and children) of
the Worker. The leave may be deducted from the accumulated annual
leave of the Worker, or in cases where accumulated annual leave is not
sufficient, the Employer may grant unpaid leave to the Worker.

Sick leave:
14 days for each year of service for service less than two years, and 18 days
for services of two years to five years and 22 days annually for services
exceeding five years. In cases of hospitalization, the employee qualifies for 60
days leave in each calendar year.

Public Holiday:
a. The employee shall be entitled to paid public holiday for a total of 11 day in
any one year of service that must include the following five days:
1. the National day
2. the birthday of the Yang di-Pertuan Agong
3. the birthday of the Ruler of the State as the case may be and / or the
Federal Territory day where the employee is working in such an area.
4. Workers day
5. Malaysia day
6. and another six more days appointed as a public holiday for that
particular year under section 8 of the Holidays Act 1951 [Act 369]
In the event the Worker, upon the request by the Employer, agrees to work
on such public holiday, the Worker shall be paid in accordance with the
labour laws in Malaysia

15. Employment Injury Scheme under the Employees’ Social Security Act 1969
[Act 4] under the Social Security Organization and if applicable the Foreign
Workers Health Insurance Scheme (SPIKPA) or any other insurance scheme
as may be adopted by the Government of Malaysia.”

16. Accommodation :

a. The Employer shall provide the Worker with decent accommodation with
basic amenities that meets the stipulated minimum standards on safety and
health.
b. The Employer upon approval by the Director General of Labour of Malaysia
is allowed to impose a wage deduction of RM50 per month or any
approved amount for the purpose of providing such accommodation as

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stipulated under the Section 24(4)(e) of The Employment Act 1955 of
Malaysia.

17. Transportation :

Accommodation within Factory premises.

18. Levy :

The payment of workers levy shall be borne by the Employer.


 Manufacturing, Mining and Quarry, Services and Construction – RM1,850
 Agriculture and Plantation - RM640

19. Deductions :

The Employer is entitled to make deduction for not more than 50% in a month
from the Worker’s wages in the event of any monetary advances in
accordance with the labour laws in Malaysia.

20. Renewal of Worker’s Visit Pass (Temporary Employment) :

a. The Employer shall renew Worker’s Visit Pass (Temporary Employment) 3


months prior to the expiry of the said pass. All costs related to the renewal
shall be borne by the Employer.
b. Any penalty or compound imposed due to the failure of the Employer to do
so shall be borne by the Employer.

21. Air Ticket :

The travelling expenses from Nepal to any agreed point of entry in Malaysia
and the expenses fronm any agreed point of exit in Malaysia to Nepal shall be
borne by the Employer upon completion of the Contract of Employment.

22. Safekeeping of the Passport :

a. The Employer shall not keep the passport of the Worker in his custody.
b. The passport of the Worker shall be in his/her custody at all times. In the
event the passport is lost or damaged while in the possession of the
Worker, the Worker shall bear all related costs for the replacement of
his/her passport.
c. The Worker shall submit the passport to the Employer for the following
purposes:
1. Medical screenings;
2. Application of Visit Pass (Temporary Employment);
3. Application of Foreign Worker’s Identity Card; and
4. Renewal of Visit Pass (Temporary Employment).
d. The passport shall be returned to the Worker upon completion of these
purposes.
e. In the event that the Worker’s passport is lost or damaged while in the
custody of the Employer for the abovementioned purposes, the Employer
shall bear all related costs for the replacement of the Worker’s passport.

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23. Outstanding Wages :

In the event the Worker is to be repatriated before the expiry of this Contract of
Employment, the Employer shall pay all outstanding basic wages and all other
payments owed to the Worker subject to the labour laws in Malaysia.

24. Receiving Worker :

The Employer shall ensure to receive the Worker upon arrival at the entry
point in Malaysia within 6 hours upon arrival. In case, the Employer fails to do
so, he/she shall be liable to bear all the expenses incurred during the waiting
period.

25. Female Workers :

Ensure additional measures as may be required for meeting special needs of


female workers with regards to working conditions.

26. Furnishing information to the Department of Labour Peninsular Malaysia :

The Employer shall furnish to the Department of Labour Peninsular Malaysia


particulars of the Worker including the Worker’s dependent within 14 days
from the commencement of the employment.

27. Repatriation :

a. The repatriation cost of the Worker from their place of work to their original
exit point in Nepal shall be borne by the Employer under the following
circumstances:
1. At the completion of this Contract of Employment.
2. Termination of this Contract of Employment by the Employer other than
non-compliance of the terms and conditions of this Contract of
Employment by the Worker; and
3. Termination of this Contract of Employment by the Worker due to non-
compliance of the terms and conditions of this Contract of Employment
by the Employer.
b. The Worker shall be responsible to bear related expenses under the
Malaysian laws and expenses relating to repatriation for circumstances that
are not mentioned in paragraph 21(a).

28. Repatriation in the case of death of the Worker :

a. In the event of death of the Worker, the Employer shall be responsible for
the costs of repatriation of the dead body.
b. If the funeral takes place in Malaysia with the consent of the family of the
deceased, the Employer shall be responsible for the costs of the funeral
and repatriation of the remains.
c. The Employer shall promptly settle the due salary, insurance and other
benefits to the family of the deceased.

29. Medical Examination in Malaysia (FOMEMA) :

The Employer shall ensure that the Worker undergoes medical examination as
follows:
a. Within 30 days from the date of arrival;
b. Once every year for the first 2 years of employment; and
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c. Every alternate 2 years of employment.

30. Restriction :

a. That the Employee shall not marry with any Malaysian and shall not
participate in any political activities or activities of those connected with
political organizations in Malaysia.
b. That the Employee shall not change his employment during the period of
this Contract of Employment and shall not carry out or do other business.
c. That if the competent authority concerned finds the Worker engaged in any
illegal, subversive or criminal activities, then the Worker shall be dismissed
from the job and shall be repatriated to Nepal at Worker’s own expenses.

31. Termination of service :

a. In the event the Employer intends to terminate this Contract of


Employment, the Employer shall give adequate written notice as stipulated
under the labour laws or wages in lieu of such notice of his intention to
terminate such contract, and shall provide airfare to Nepal for the Worker.
b. In the event the Worker intends to terminate this Contract of Employment,
the Worker shall give adequate written notice as stipulated under the
labour laws or wages in lieu of such notice of his intention to terminate
such contract, and the Worker shall bear the cost of airfare to Nepal.

I hereby declare all information above the whole true nothing but the true.

Thank you.

Yours faithfully,

....................................
Name :
Designation :
NRIC No :
Company Stamp :

Attested by:

…………………………………………… ……………………………………………
Department of Labour Peninsular Consular Division, Ministry Of Foreign
Malaysia Affairs Malaysia
Date : Date :
Department Stamp: Department Stamp:

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