Quick answer: Section 60K of the Employment Act 1955 requires employers to obtain approval from the Department of Labour Peninsular Malaysia (JTKSM) before employing an expatriate. It applies to private sector employers in Peninsular Malaysia and Labuan under Employment Act amendments effective 1 January 2023, and since 1 July 2025 applications go through Xpats Gateway. It is required for new Employment Pass and PVP applications, one application covers all vacancies, it is processed in 10 working days and valid for 12 months. Xpats Gateway states that operating without the required approval carries a fine of up to RM100,000, up to five years' imprisonment, or both.
- Required for new Employment Pass and PVP applications, submitted through Xpats Gateway from 1 July 2025.
- One application per company, even for several vacancies.
- Processing is 10 working days, and approval is valid 12 months.
- Not required for renewals, government or public universities, or in-country position or category changes.
- Penalty for operating without required approval: up to RM100,000, up to five years, or both.
What Section 60K Requires
MDEC's 2023 reminder says companies must obtain prior approval from the Director General of JTKSM before employing an expatriate or foreign knowledge worker, and that the approval letter is a mandatory document, based on section 60K of the Employment Act 1955. The pages reviewed do not reproduce the text of the section itself.
How the Rule Developed
21 December 2022
The Minister of Human Resources announces that companies employing expatriates or FKWs must register with JTKSM, per MDEC.
1 January 2023
Employment Act 1955 amendments take effect: private sector employers in Peninsular Malaysia and Labuan must obtain prior JTKSM approval (Xpats Gateway FAQ). MDEC says registration with JTKSM begins to apply.
1 February 2023
Proof of JTKSM submission or the approval letter becomes mandatory with the FKW projection, per MDEC.
15 March 2023
MDEC puts on hold projection submissions without the JTKSM approval letter, per its 6 March 2023 reminder.
1 July 2025
Section 60K applications must be submitted through Xpats Gateway, for new Employment Pass and PVP applications.
How to Apply in Xpats Gateway
Log in
Use the MDEC (eXpats) login on Xpats Gateway for an MDEC company.
Open Section 60K Application
Select Apply for Section 60K Approval from the left menu.
Complete and upload
Fill in the form and upload the required documents. The checklist is in the online form.
Submit and track
Follow the status under List of Application.
When You Need It and When You Do Not
| Situation | Section 60K |
|---|---|
| New Employment Pass or PVP application | Required |
| Several vacancies at once | One application for the company |
| Employment Pass renewal | Not required |
| In-country position or category change (EP only) | Not required |
| Government or public universities | Not required |
| Representative office of a foreign company not yet established | Required, using the SSM or MIDA reference |
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Penalty and Rejection
Xpats Gateway states that operating without the required section 60K approval is punishable by a fine of up to RM100,000, imprisonment of up to five years, or both. If a section 60K application is rejected, the FAQ says there is no cooling-off period before reapplying.
Contacts
- JTKSM section 60K: [email protected], 03-8000 8000 (Xpats Gateway FAQ).
- MDEC Expats Service Centre: [email protected], 03-8315 3106 or 03-8315 3157.
- MYXpats Helpdesk for Xpats Gateway: [email protected], 03-7839 7171.
Common Mistakes
Applying per vacancy
One section 60K application per company is enough.
Letting approval lapse
It is valid for 12 months, so check the date before new hires.
Treating renewals like new hires
Renewals are exempt, but new applications are not.
How We Help
What we handle for you
Before you apply
- Check which MDEC route your company fits, MD status or non-MD ICT, and whether the post, salary and category match.
- Prepare the JTKSM, MyFutureJobs and supporting documents with your team and review them against MDEC's checklist.
Application
- Prepare the FKW projection and pass application for your company's authorised person to submit, and help you respond to MDEC and Immigration queries.
- MDEC states that companies are discouraged from nominating a third-party agent as the authorised person, so the submission stays under your own account.
Why companies choose us
End-to-end under one roof
- We handle company incorporation, Malaysia Digital status, accounting and payroll as well as expatriate pass preparation, so your structure, payroll and hiring plan stay aligned.
- The company is set up correctly from day one.
We check before you invest
- We confirm eligibility, including whether you can hire the expatriates you need, before a foreign investor decides to incorporate in Malaysia.
- Neutral Consulting PLT is a Kuala Lumpur firm led by a Managing Partner who is a member of the Malaysian Institute of Accountants.
Frequently Asked Questions
Straight answers to the questions we hear most.
What is section 60K approval?
Section 60K of the Employment Act 1955 requires employers to get approval from the Department of Labour Peninsular Malaysia (JTKSM) before employing an expatriate. It applies to private sector employers in Peninsular Malaysia and Labuan under amendments effective 1 January 2023, applications go through Xpats Gateway from 1 July 2025, and it is required for new Employment Pass applications, valid for 12 months, and decided in 10 working days. Xpats Gateway states that operating without the required approval carries a fine of up to RM100,000, imprisonment of up to five years, or both.
Do we have to advertise the job on MyFutureJobs?
For new Employment Pass applications from 1 July 2025, Xpats Gateway requires the MyFutureJobs advertisement acknowledgement letter from PERKESO, with exemptions for renewals, in-country position or category changes, and positions on PERKESO's exemption list. PERKESO decides, and employers must follow its advertising guidelines. MDEC's pages describe this as SOCSO approval after advertising the vacancy.
What is Xpats Gateway?
It is the government's single-window platform for Employment Pass applications. MDEC states that since 24 April 2024 all new and renewal Employment Pass applications under MDEC go through Xpats Gateway, using the same login as the MDEC Expats System. Once an application is forwarded to the MDEC eXpats system it can no longer be edited in Xpats Gateway, and changes must be requested from MDEC.
Can we use a consultant or agent for the application?
MDEC states that companies are discouraged from nominating a third-party agent as the company's authorised person. The authorised person is named in the Authorised Person Letter on company letterhead and signs up through the company's own account. A consultant can still help prepare documents, check them against MDEC's checklist and advise on the route, while the company's own authorised person submits. Xpats Gateway separately says a Private Employment Agency may submit section 60K applications as an authorised representative, although its own wording on who counts as one is unclear.
Who do we contact at MDEC?
The Expats Service Centre, MDEC, 2360 Persiaran APEC, 63000 Cyberjaya, Selangor, at [email protected] or 03-8315 3106 and 03-8315 3157. For JTKSM section 60K questions, Xpats Gateway lists [email protected] and 03-8000 8000. For the MyFutureJobs step it lists PERKESO at [email protected] and 1300-22-8000.
What if the application is rejected?
MDEC issues a Rejection Letter. For section 60K, Xpats Gateway states there is no cooling-off period before reapplying. The MDEC pages reviewed do not describe an appeal procedure for FKW applications, so ask the Expats Service Centre what options apply, and correct the cause before you resubmit rather than resubmitting the same file.
What is an FKW Projection Request?
It is the request through the eXpats system for the number of foreign knowledge workers a company may hire. Under MDEC's June 2026 announcement, a company seeking new or additional FKW headcount files the request with all mandatory documents, MDEC reviews it, and the FKW Approval Committee decides. Only approved projection headcount allows the company to file individual FKW applications.
Who can submit the section 60K application?
Xpats Gateway says a company director or authorised representative, described as an employee listed in the EPF statement or a Private Employment Agency. The FAQ's own wording on this is unclear, so confirm with JTKSM.
How long is the approval valid?
12 months from issuance, per Xpats Gateway's FAQ.
What is the processing time?
10 working days, per Xpats Gateway's FAQ. Processing starts from a complete submission.
Do I need it before the FKW projection?
MDEC's 2023 notices made the JTKSM letter or proof of submission mandatory with projections. Xpats Gateway now makes section 60K approval mandatory for new Employment Pass applications. Check MDEC's current checklist for the projection.
Does an MD status company need section 60K?
Yes. The requirement applies to employers of expatriates and FKWs, and MDEC's MD pages list JTKSM section 60K approval as a required approval.
Is a fee charged?
The Xpats Gateway FAQ does not mention fees for section 60K.
Can I switch an existing hire to a new category without it?
Xpats Gateway says in-country position or category changes for Employment Pass holders are exempt. Confirm with the Expats Service Centre for your case.
Where did the 2023 JTKSM details come from?
MDEC's announcements of 6 March 2023 and its update on JTKSM registration. They describe the rule as it stood then, and Xpats Gateway's FAQ describes the current process.
Sources
Official sources
- Immigration Department (ESD), Xpats Gateway FAQ
- MDEC, Reminder on requirement by Department of Labour Peninsular Malaysia (JTKSM), 6 March 2023
- MDEC, Update on registration with JTKSM
- MDEC, Pre-application process for MD companies
- MDEC, FKW declaration, headcount and additional requirements (June 2026)
This page is general information, not legal advice. Agencies change their requirements, so confirm the current rules with MDEC, the Immigration Department (ESD) and MIDA, or with us, before you act. Checked November 2026.
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