Signs of non-compliance for the hiring of Foreign Domestic Helper (maid) in Sarawak

Hiring a foreign domestic helper can ease the burden of managing a household, especially for families caring for children, elderly parents, or busy work schedules. But in Sarawak, immigration rules are different from West Malaysia, and not following the law can get employers into trouble.

Many employers unknowingly end up with non-compliant hires because they are not aware of Sarawak’s immigration requirements. Here are the key warning signs to look out for.

1. No Valid Work Permit in Sarawak

Every legal foreign domestic helper must have a valid work permit (e-Pass) issued under the employer’s name. ⚠️ Warning signs:

• The helper is holding only a tourist visa or social visit pass.

• No copy of a work permit or immigration endorsement available.

2. The Hiring Did Not Go Through Sarawak Immigration

If your recruitment process only involved agencies in West Malaysia or did not go through Sarawak Immigration, your helper is likely here without compliance with Sarawak Immigration laws.

• Sarawak maintains its own immigration autonomy.

• Legal hiring must always go through Sarawak Immigration Department. During the application process, the domestic helper must remain outside Malaysia. She can only enter upon approval of her application by Sarawak Immigration.

3. No Medical Screening Done at the source country and on arrival medical

All Indonesian domestic helpers must undergo a medical check up in Indonesia and a  medical examination in Sarawak within 30 days of arrival with an approved medical institution. They must have both medical check ups. ⚠️ If this step is skipped, the employment is not compliant with regulations. If workers are processed while they remain in Sarawak, there is a risk that the medical report submitted under your name may not be genuine.

4. Missing Insurance or SOCSO Coverage

It is compulsory for all legal employers in Sarawak to purchase the following for the helper:

• Domestic Maid Insurance Scheme (DMIS)

• Foreign Worker Hospitalisation & Surgical Insurance (SKHPPA/SPIKPA)

• SOCSO/PERKESO protection (mandatory since 2019)

If these are missing, the hiring is not valid.

5. No Proper Employment Contract

A legal hire requires a standard 2-year contract that states salary, rest days, overtime pay, benefits, and duties. Standard employment contracts are endorsed by the Indonesian embassy. ⚠️ If you only have an informal agreement or verbal promise, the employment may not be recognised by law. If the employment contract is not endorsed by the Indonesian embassy, most likely it is not officially recognised by the Indonesian government. The minimum starting salary is RM1,500 per month with 1 rest day per week. Anything less is not compliant with the current regulations.

6. Your Helper Was Introduced by an Unlicensed Middleman

Non-compliant hires often happen through individuals or unlicensed agents who claim they can “supply faster” or “transfer helpers from other employers”.

• Always check if the agency is a licensed recruitment agency in Sarawak. Currently, Sarawak Immigration Department does not permit transfer of employers except in the case of direct family members.

• Avoid cash transactions without proper receipts.

7. Immediate Placement or Trial Period offered

• If someone offers to place a helper in your house “immediately” or on a “trial basis”, it’s a red flag.

• Legal hiring through Sarawak Immigration requires proper approval and cannot be instant. Processing time at Sarawak Immigration typically takes about 90 working days. Take note that during the application process, the domestic helper cannot be in Malaysia. She needs to be in her own country (Indonesia) and wait until her application is approved before she can enter Sarawak.

Frequently Asked Questions (FAQs)

1. What happens if my hiring is not valid in Sarawak? You risk heavy fines, blacklisting, or even imprisonment. Your helper may also face deportation.

2. Can I regularise my helper’s status if I found out her hiring is non-compliant? Yes, but you must work with a licensed agency and apply through Sarawak Immigration.

3. How do I know if my agency is licensed in Sarawak? Check if they are registered with the Jabatan Tenaga Kerja Sarawak and authorised to process domestic helper permits. A registered agency will have a JTK License. 

Conclusion

If you notice any of these warning signs, it’s likely your hiring is not compliant in Sarawak. To protect yourself and your household, always apply through Sarawak Immigration and engage a licensed agency. Legal hiring not only avoids penalties but also ensures the domestic helper is protected and treated fairly.

Our website and its contents are provided for general information purposes only and nothing on this website or in its contents is intended to provide professional advice. Please contact us at info@migratesafe.org or +6082-295175 for more information.