Report on WP Final (H)

Ministry of Labor, Social Affairs, Martyrs and
Disabled
Report on
Streamlining the Procedure of Work
Permit System in Afghanistan
Prepared By:
Muhammad Javaid
Consultant
Managing International Migration
February, 2011

Streamlining the Procedure of Work Permit System in Afghanistan 2011
Ministry of Labor, Social Affairs, Martyrs and Disabled, Afghanistan i
Biography
Muhammad Javaid
The author was born on April 28, 1949, in Lahore, Pakistan. Having pass his master
degree in Economics from Punjab University, Lahore, Pakistan in 1972, he has
postgraduate diplomas from foreign Universities / institutions i) Development Planning
Techniques from Institute of Social Studies the Hague, (ISS) Holland, ii) Human
Resource Development, and iii) Applied Economics of Human Resources from Growth
Dynamic Institute, Erasmus University, Rotterdam, Netherlands.
The author started his career from government service in 1972 as Statistical Investigator
in Population Census Organization and rose to the status of Chief Planning &
Development Division. In-between he served as Research Officer & Assistant Chief,
Deputy Chief and Chief in various important ministries. He finally retired as Chief of
Planning Commission. He has also severed as Project Director/Deputy Project Director of
various development projects. He has served as Principal Staff Officer and Special
Assistant of Deputy Chairmen of the Planning Commission of Pakistan. He was closely
associated with the Chief Economist of Pakistan in finalizing various Economic Policies
and Plans and Development Projects. He has served as secretary of many important
technical committees & working groups.
During his 37 years career, he worked for Socio – Economic Development Projects,
Planning, Economic Research & Analysis, Human Resource Development, Management
/ Administration, Coordination, Organizing Capacity Building Programs, Monitoring &
Evaluation of Development Projects. He has the experience of preparing Project
Proposals of developing projects. He has produced many research papers for national and
international conferences /seminars /workshops.
The author is presently engaged in Social Sector Consultancy Services
(http://www.sscpk.org) at his own Office # 308, 3rd
Floor, Lord Trade Center, F-11
Markaz, Islamabad, PAKISTAN. His contact details are as follow:
Contact Details:
Work Address: Social Sector Consultancy Services
Office # 308, 3rd
Floor, Lord Trade Center,
F-11 Markaz, Islamabad, PAKISTAN
Email: mujavaid@yahoo.com
Telephone: +92-333-5299046, +92-51-2224360, +92-51-2102826
Fax: +92-51-2224359

Ministry of Labor, Social Affairs, Martyrs and Disabled, Afghanistan ii
ACKNOWLEDGEMENTS
This report is prepared in accomplishment of developing a system for proper
management of international migration system in Afghanistan. The Ministry of
Labor, Social Affairs, Martyrs and Disabled (MoLSAMD) is dealing with issuing
work permits to foreign workers as well as managing overseas migration. The
present report is regarding reforms in existing work permit system. The
accomplishment of this report is due to the cooperation of many individuals,
public and private organizations. I wish to acknowledge with thanks to all those
persons, public and private organizations to whom I visited and whose
cooperation was instrumental in accomplishing this task.
I would like to extend my special thanks for the extensive information, support
and comments of the Deputy Minister (Labor) of the Ministry of Labor, Social
Affairs, Martyrs and the Disabled of the Government of Afghanistan, H.E. Mst
Seema “Ghani”. I am also thankful to Ex-Deputy Minister H.E Md Ghaus “Bashiri”
who supported in initial stage. I also wish to extend my thanks to Dr. Salim
“Mastoor” DG, Syed Kazim “Fakhri” Director of Work Permit and his colleagues
for their support. I gratefully acknowledge the managerial and logistic support
extended by Mr. Ahmad Jaweed “Jalali” Project Manager who efficiently
arranged meetings with all stakeholders to obtain their views and comments on
the subject. I also wish to acknowledge with grateful appreciation the I.T support
of Mr. Ahmad Jaweed “Jalali” and his colleagues Mr. Nisar Ahmad “Miakhail”.I
am grateful to Miss Tahmina “Nooristani” who assisted Mr. Ahmad Jaweed
“Jalali” in translation of all relevant legislation, rules and regulation on emigration
from Dari to English. Last but not least I wish to express my grateful thanks to Dr.
Sabur “Ghayur”, International Advisor on Employment Policy & Promotion and
Labor Market Survey for his cooperation and briefing about Kabul Conference
and its follow-up. I express my gratitude to all officers /official to whom I met
during the visit of the various ministries and national and international
organization (Annexure A).
Muhammad Javaid
Consultant
Managing International Migration
February, 2011

Ministry of Labor, Social Affairs, Martyrs and Disabled, Afghanistan iii
Acronyms
MoLSAMD Ministry of Labor, Social Affairs, Martyrs and Disabled
WPS Work Permit System
FW Foreign Worker
FWs Foreign Workers
WPs Work Permits
RQA Return of Qualified Afghans
ER Employer Representative
HRD Human Resource Development
LMIAU Labor Market and Information Analysis Unit
IOM International Organization for Migration
GoIRA Government of Islamic Republic of Afghanistan
ISAF International Security Assistance Force
MoI Ministry of Interior
MoFA Ministry of Foreign Affairs
S$ Singapore Dollar
MOM Ministry of Manpower (Singapore)
EP Employment Pass
PR Permanent Residence
WP Work Permit
TWP Temporary Work Permit
LOC Licensed Outsourcing Company
WPC Work Permit Card
WPCs Work Permit Cards
EntrePass Entrepreneur Pass
PEP Personalized Employment Pass
IPA In-Principle Approval
SOP Standard Operating Procedure
CCFW Cabinet Committee on Foreign Workers
TORs Terms of References
SCWPS Steering Committee on Work Permit System
CCoE Cabinet Committee on Emigration
PRU Policy & Research Unit
BOM Bureau of Migration

Ministry of Labor, Social Affairs, Martyrs and Disabled, Afghanistan iv
Table of Contents
Vision & Mission 01
Section 1. Introduction 02
1.1 Emigration 02
1.2 Immigration 04
1.3 Immigration Laws 07
Section 2. Experience of Some Asian Labor Hosting Countries 09
2.1 Work Permit System (WPS) in Singapore 10
2.1.1 Employment Pass 11
2.1.2 Work Permit (WP) 12
2.1.3 Entrepreneur Pass (EntrePass) 14
2.1.4 Personalized Employment Pass (PEP) 14
2.1.5 Miscellaneous Work Pass 15
2.1.6 Offences and Penalties 15
2.1.7 Specific Requirements for Various Sectors 16
2.1.8 Recruitment of Workers from Various Countries 18
2.1.9 Procedure and Timeline 18
2.1.10 Approval and Collection of Employment Pass 18
2.1.11 Disapproval for Employment Pass 19
2.1.12 Employment Pass Renewal Procedure 19
2.2 Work Permit System (WPS) in Malaysia 20
2.2.1 Procedure for Expatriate Posts 21
2.2.2 Employment of Foreign Workers 21
2.2.3 Process for Selection of Outsourcing Companies 23
2.2.4 Criteria for Selection of Companies 24
2.2.5 Conditions for Approval of LOC 24
2.2.6 Responsibilities of LOC 25
2.2.7 Revoking of Approval 25
2.2.8 Technical Committees 26
2.2.9 Process of Foreign Worker’s Application 27
2.2.10 Types of Permits 28

Ministry of Labor, Social Affairs, Martyrs and Disabled, Afghanistan v
2.3 Conclusion 29
2.3.1 Singapore 29
2.3.2 Malaysia 31
Section 3: Work Permit System in Afghanistan 33
3.1 Work Permit (WP) Procedure 33
3.1.1 Documents Required for WP 34
3.1.2 Processing Flow 35
3.2 Issues and Problems 38
3.2.1 Administrative Issues 38
3.2.2 Technical Issues 41
3.2.3 Revenue Generation 42
Section: 4 Work Permit System’s Reforms 44
4.1 Administrative Reforms 44
4.1.1 Cabinet Committee on Foreign Workers (CCFW) 44
4.1.2 Steering Committee on Work Permit System (SCWPS) 45
4.2 Organizational Reforms 46
4.2.1 Establishment of Bureau of Migration 46
4.2.2 Establishment of Policy & Research Unit (PRU) 49
4.2.3 Work Permit Categories 51
4.2.4 Design of Cards 53
4.2.5 Sequential Procedure for WPC 55
4.3 Procedural Reforms 56
4.3.1 Procedure for WPC Issuance 59
4.3.2 Processing of Applications 61
4.4 General Recommendation 62

Ministry of Labor, Social Affairs, Martyrs and Disabled, Afghanistan vi
ANNEXES
Annex. A Organizations Visited 64
Annex. 2.1Documents Required for Employment Pass in Singapore 65
Annex. 2.2 Sectors with Source Countries in Malaysia 66
Annex. 2.3 Work process of the outsourcing System 67
Annex. 2.4 Processing Flow in 1st Phase and Second phase 68
Annex. 3.1 Statutes on the Employment of Foreign Citizens in 69
Afghanistan Organization
Annex. 3.2 Foreigner Contract 72
Annex. 3.3 Organizational Chart and Duties of Directorate of 73
Work Permit
Annex. 4.1 Organizational Chart of Bureau of Migration 74
Annex. 4.2 Zebra P640i Card Printer 75
Annex. 4.3 Afghanistan Provincial Codes 79
Annex. 4.4 Industrial Classification 80
Annex. 4.5 Application Form 1 81
Annex. 4.6 Undertaking 84
Annex. 4.7 Renewal Form 2 85
Annex. 4.8 Duplication Form 3 86
Annex. 4.9 Cancellation Form 4 87
Annex. 4.10 Appeal Form 5 88
Annex. 4.11 Processing Flow Under New Proposed System 89

Ministry of Labor, Social Affairs, Martyrs and Disabled, Afghanistan 1
Managing the International Migration in
Afghanistan
Vision and Mission1
Vision
Creating enabling environments for Afghans to avail
employment opportunities existing in other countries in
conditions of decent work and simultaneously
regulating, coordinating and streamlining procedures
for the recruitment of foreign workers in the country
through innovation and technology.
Mission
Better managed international migration in order to
ensure greater employment of Afghans in other
countries with adequate safeguards for their protection
and a coordinated and computerized mechanism for
recruitment of foreign workers duly safeguarding the
national security, social order and upholding country’s
laws.
1
The Vision and Mission is designed keeping in view that the affairs of outgoing Afghan workers
and registration of Foreign Workers will be managed by one institution, which is already under
process to fulfill the commitment made in Colombo Process (CP) conference by Afghan
Government.

Section 1: Introduction
Afghanistan is involved in international migration process as “hosting” foreign
workers as well as a “source” country. In the absence of well organized system
for managing the international migration, it is not only difficult to reduce the
dependence on foreign workers but also to ease the unemployment problem by
facilitating the Afghan nationals to get employment in foreign countries. The
Ministry of Labor, Social Affairs, Martyrs and Disabled (MoLSAMD) is dealing
with the subject and recently has initiated the process of developing effective
mechanisms for managing international migration. The better management of
migration could be significant in terms of reducing unemployment and generating
own resources for self reliance. The international migration has two components
i-e Emigration and Immigration. Afghanistan needs to develop the emigration
system for optimal utilization of employment opportunities existing in other
countries for Afghan workforce and to streamline the existing procedure of
registering the Foreign Workers (FW) i-e Work Permit System (WPS).
1.1 Emigration
Migration of people to other countries in search of employment has occurred all
through history and is by no means a new phenomenon for Afghan people. The
problem of unemployment in the country is due to the mismatch between the
manpower requirements and available supply. The shortage of educated,
experienced and skilled manpower in Afghanistan is coexisting with lesser
employment opportunities for the Afghans who lack sufficient education, skills
and experience. The Afghan government has initiated a skills development
program and a five-year education plan. This will enable to fill the gap between
demand and supply. The skilled and professional workforce is not only required
within the country as well as in the Middle-East countries.
Migration also plays an important role in the economic progress and prosperity of
a country. It is an important source of economic growth and development for
individuals as well as nations. Indeed, all migrant workers – irrespective of their
status – contribute to growth and prosperity of destination and source countries.
Afghans are migrating to neighboring as well as Middle Eastern countries to avail
the employment opportunities. However, they have less opportunities as
compared to the nationals of other source countries due to lack of skills
competency. Afghan people need the guidance in this regard and also need a

comprehensive Human Resource Development (HRD)2
policy and program to
meet the own country’s requirements as well as to increase the probability of
getting employment in other countries. Unfortunately no organized system is
available in the country to facilitate and regulate emigration.
In the absence of accurate data on the national labor force and its
characteristics, there is serious impediment to planning HRD. According to
available statistics, this is based on secondary data3
collected by the Labor
Market and Information Analysis Unit (LMIAU) in MoLSAMD, Afghanistan’s labor
force is characterized by a surplus labor, most of which is rural, and a lack of
availability of sufficient and secure employment. The labor force is primarily semi
skilled and there is a high level of illiteracy. At present Afghanistan’s major
human resource is in the lower-skilled sector. The nature of demand in Middle-
East countries is also for semi-skilled and production workers and the Afghan
workforce falling in this category are fairly large. Therefore, efforts have been
made by MoLSAMD to tap the employment potential for the Afghan nationals in
other countries particularly in Middle-East countries. A technical labor dispatch
protocol has been signed with the government of Qatar, and negotiations are
underway on bilateral agreement on the employment of Afghan workers with the
governments of UAE, Kuwait and Iran. All these initiatives need continuous
follow-up.
The ministry has also taken other measures and laid down the procedure on the
functioning of private employment agencies to streamline their procedure of
sending Afghan workforce to foreign countries. About eight private agencies have
been allowed to export the manpower to other countries. Inspite of these efforts,
2
Afghanistan suffered a loss of skilled and professional personnel during last three
decades of conflict prior to 2001, leaving a dearth of qualified professionals to take up
posts in the government and private sector. Therefore, Human Resource Development
(HRD) policy is required to enhance the skills of Afghan workforce to compete the other
countries’ workforce. HRD policy is not only required to meet the country’s own
requirements but also to reduce the dependence on foreign workers which are presently
engaged in the country.
3
A nation-wide survey/study to ascertain the characteristics/labor market indicators has
never been conducted so far in Afghanistan. However, in 2008, the Labor Market and
Information Analysis Unit (LMIAU) in MoLSAMD conducted a survey of i) 13800 households,
ii) 8000 informal businesses, iii) 400 formal businesses, iv) 1000 day laborers, v) 100
vocational and training centers in 31 out of 34 provinces. The survey’s result is being
used as an employment and labor market indicators. The Labor Force Survey is being
planned to be conducted in near future.

more arrangements are required to establish an institutional mechanism for
managing international migration particular with regard to sending Afghans for
employment in other countries. Inadequacy of the institutional mechanism for
managing the emigration of the Afghan workforce is the main issue that needs to
be addressed for drawing benefits of the existence of a large demand for
expatriates in host countries particularly in the Gulf region. It is also pertinent to
have an institutionalized set up to coordinate and follow up the bilateral
agreements with other countries in the light of available manpower in the country.
The managing the emigration of workforce is relatively a new phenomenon for
Afghanistan. In the past, refugees dominated the scene. Hence, there is now a
need to establish an efficient and effective mechanism to properly manage the
labor migration. The system should be effective to register all out going Afghan
workers and to provide them guidance and protection. The system may also
have welfare and employability programs for returning migrants. Pakistan and
Philippine have developed a good emigration systems facilitating not only out
going workers but also have many program for the returning migrants to utilize
their skills and experience for economic growth and development.
1.2 Immigration
Migration provides opportunities to utilize the services of highly qualified and
experienced professionals which are not available within the country due to the
shortage of educated, experienced and skilled workforce. Afghanistan is
presently utilizing the services of foreign experts and qualified professionals
across economic activities and services. Three decades of disturbance in the
country has created the vacuum in developing the human resource base of the
country. The institutions could not be developed to produce highly qualified and
technical manpower required for reconstruction of its infrastructure and tap its
natural resources needed to revive and sustain economic growth. Therefore, a
reliance on foreign workers is viewed as a necessary but a “temporary” measure
to meet the shortages. It is widely understood that without a recourse to qualified
and trained foreign expertise – momentarily though - could have seriously
impacted the attainment of the nation's socio-economic development goals.
The mass population was displaced during Soviet invasion and in post war
period. Some of them successfully attained higher education and settled in host
countries. The International Organization for Migration (IOM) initiated the
program known as Return of Qualified Afghans (RQA) to motivate and bringing
back highly qualified Afghan experts and helps to place them in key positions
within ministries, government institutions and the private sector enabling them to
participate in rebuilding of their nation. IOM has established a RQA database

with a view to matching their experience and qualifications with the available
positions. The coverage of this program is from all over the world, including
Europe, Africa, Middle East and North America. About 1,000 Afghan experts
living abroad have returned back from 32 countries and have been placed in 30
ministries, 33 government offices/institutions and 75 NGOs. It is interesting to
note that 134 Afghan female have returned. All returnees have been placed in 28
provinces of the country. This program is helpful to reduce the dependence on
the foreign workers in coordination with IOM. There must be a liaison between
MoLSAMD and IOM for effective utilization of Database established under RQA.
The registration of foreign workers is very important in order to prepare the policy
of gradually reducing the dependence on the foreign expatriates and preparing
replacement from local workforce. The data on their characteristics i-e by gender,
occupations, qualification, skills, employers and provinces is required for the
preparation of Human Resource Development (HRD) policy, proper manpower
planning, better regulation, and ensuring safety of foreign workers. The
Government of Islamic Republic of Afghanistan (GoIRA) has started the
registration of foreign employees through introduction of the “Work Permit
System” (WPS). It is mandatory for foreign nationals to get themselves registered
to work in Afghanistan. A Directorate of Work Permit is established in the
MoLSAMD. This Directorate is now issuing Work Permits4
(WPs) to foreigners
hired to work in various public and private organizations. It is pertinent to point
out that the UN personnel including those working in its specialized agencies and
military personnel of the NATO, International Security Assistance Force (ISAF)
and the Allied Forces are exempted to obtain a work permit.
An intending employer for foreign worker (s) - both of a governmental or private
organization - is required to: i) seek prior approval from the competent authority,
ii) apply for the entry visa, and iii) apply for the issuance of WP. The WP is issued
by charging a fee of AFS 7,500 and normally has validity up to one year; it can
be renewed on year to year basis. The current procedure is discussed in detail in
Section 3.
Although, the WPS has been in place for about five years but it has as yet not
been able to register all the expatriates. Whereas, conservative estimates put the
number of foreign workers in excess of 150,000, the numbers of WPs issued so
4
The Directorate is also being called as “Directorate of Foreign Remittances” and signboard are
placed in the office and also appears in government correspondence. However, this
nomenclature has no government approval at any level.

far are close to 77,000. Furthermore, this figure includes WPs: i) renewed, ii)
duplicates, and iii) cancelled.
The current system is not able to provide the detailed statistics required for
effective manpower planning to reduce gradually dependence on foreign experts.
There is a need to develop a proper and well coordinated system which could
provide the necessary information on the placement of expatriates by project,
province, regions & location. Similarly the personal information of expatriates i-e
qualifications, experience and countries of origin is very important for the
preparation of country’s education, technical & vocational, and employment
policies. This reinforces the need for streamlining and strengthening the system
of recruitment of foreign workers in a well coordinated and effective mechanism
and enabling to provide the information for preparing the effective manpower
employment policy.
Many Asian countries are involved in the international migration process and all
of them have developed systems according to their own requirements and social
& cultural traditions. Some of them; Singapore and Malaysia have developed a
well integrated, coordinated system which ensures full documentation of
international migration flow. Afghanistan may get benefit from the experience of
such countries. The procedure of registration in these two countries is analyzed
in Section 2.
In the country managing migration involves two steps:
• Streamline the existing system/procedure of registration of
Foreign Workers.
• Develop a system to regulate/facilitate the employment of Afghan
workers in other countries
Thus, efforts are needed to better manage the whole process of migration
through capacity building and strengthening an institutional and regulatory
framework. Such a mechanism will be able to help in: i) phasing out the
dependence on foreign workers, and ii) sending an increasing number of
Afghans for work in other countries.
The MoLSAMD has given priority to first revise the work permit system enabling
registration of foreign employees properly. The focus is to provide information on:
i) employers by economic activities across provinces and by public and private
sector, and ii) foreign workers by gender, occupations, qualification, skills,
employers and provinces. This information is required for: i) proper manpower
planning, ii) better regulation, and iii) ensuring safety of foreign workers.

The present report deals with the first part and recommendations are being made
to improve / modify the present registration of foreign workers after reviewing the
existing system and consulting/taking on board all the stakeholders. Thus, this
report while not undermining the need for a comprehensive mechanism
developed for managing migration would only be dealing with streamlining the
existing procedure of WPS. The report on second part i-e registration and
regulating the outgoing Afghan workers will be prepared separately.
.
1.3 Immigration Laws
The Ministry of Interior (MoI) is the controlling authority of the immigration laws.
Present immigration laws are inherited by this government from the previous
regime. Prior to analysis and streamlining the present WPS it is worthwhile to
review the immigration laws of the country. All foreign nationals who wish to enter
Afghanistan are required a visa for any type of purpose like leisure, business,
permanent residency, mass media and investment. Exceptions are made for
individuals where Afghanistan has Visa Abolition Agreements i-e UN personnel
including those working in its specialized agencies and military personnel of the
NATO, The International Security Assistance Force (ISAF) and the Allied Forces
in Afghanistan.
The Diplomatic Missions are entrusted the responsibility of issuing visas and
provide information and other requirements needed for entry into country. The
entry into the country is required a passport, travel documents, and a visa
regardless of the purpose of visit as existing in all over the world.
Ten categories of visa are in operation at the moment, out of which only three
types of visas i-e i) Entry Visa, ii) Entry visa for Work and iii) Double Entry Visa,
are valid for issuance of the work permit. If any individual enter in country other
than these visas, is not eligible for the issuance of work permit. The individuals
have to go back to his country and to come again after obtaining the visa
admissible for the issuance of work permit. All visas are being issued by Afghan
missions/embassies are valid for thirty days from the date of the entry and has a
utilization period of three months from the date of issuance, except few visas like
Transit, Double Transit Visa, Resident visa. Multiple travel visa is being issued to
those workers who obtain the work permit enabling them to visit frequently during
their work tenure.
The MoI has authority to extend the visa before the expiry date if someone
intends to stay longer than the duration allowed. Visitors are fined US$2 for each
day of delay for the first month followed by US$5 for each day of delay for the

second month. Holders who don’t apply for an extension after two (2) months are
liable to deport. The fines are mentioned but the implementation on these is
subject to be verified as during the visit of MoI no information was available that
how much revenue is being generated or how many cases are being dealt
periodically under these clause.
The Ministry of Interior (MoI) and Ministry of Foreign Affairs (MoFA) have the
authority to deport or detain any foreign national who does not comply with the
rules of immigration. Immigration officers at the point of entry are also given
authority to refuse entry to any foreign national who appears to threaten the
interests of the country. Hence, MoFA and MoI are the two main administrative
institutions to play role in regulating migration like all over the world.

Section 2: Experience of Some Asian Labor Hosting
Countries
Most of the countries in the Asian region are benefitted from the international
migration process as: i) “hosting” foreign workers, ii) acting “source” country, and
iii) “hosting” as well as acting as a “source” country. Almost, all of them have
developed systems catering to their respective needs. However, there are few
who have developed such systems that are well integrated, coordinated and
ensure full documentation of the international migration flows. Such a set of
countries, in addition to greater and effective coordination between Ministries of
Labor, Foreign Affairs and Interior have also developed comprehensive
computerized information system ranging from work permits, work/employment
visas, employees’ and employers’ information, nationals going abroad for work,
etc. The experience of such countries particularly those acting as both source
and host countries will be help full to develop and operationalise new registration
system.
Australia, Canada, and USA are major labor receiving countries but their
requirements are quite different even with each other. Australia, Canada and
USA differ in institutional arrangements dealing with the international managing
the migration system. Australia and Canada use a “point system” which permits
combining various characteristics particularly productivity to issue the work
permit. In contrast, USA uses a “preference system”. Since their requirement and
environments are different therefore, such countries’ experience is not useful for
a country like Afghanistan.
In Southeast Asia, Singapore and Malaysia have the experience of utilizing the
services of expatriates and developed immigration system. The experience of
such countries could be helpful. In the preceding paragraphs, the immigration
policies of Singapore and Malaysia in devising a system for Afghanistan will be
reviewed.
In recent years, Singapore liberalized immigration policy in order to facilitate the
acquisition of permanent residency for skilled immigrants, as well as launched
various programs to attract talent, such as company grant schemes to ease costs
of employing migrant skilled labor and recruitment missions by Government
agencies.
There is increase in non-resident workforce in Singapore. The majority of migrant
workers are low-skilled workers. They are mainly concentrated in the
construction industry, domestic and household services, services sector,
manufacturing and marine industries. The number of higher skilled and better-

educated foreigners has also increased rapidly as a result of intensive
recruitment and liberalized eligibility criteria. Most skilled professionals come
from the United States, the United Kingdom, France and Australia, as well as
from Japan and South Korea.
2.1 Work Permit System (WPS) in Singapore
Singapore is the ideal business and commercial hub in Southeast Asia partly due
to its immigration policies designed to attract seasoned entrepreneurs and
working professionals from around the world. Singapore’s immigration policy is
described as one that tries to maximize the economic benefits of immigration
while minimizing its social and economic costs. Besides the immigrant’s potential
contributions to the economy, an early thrust has also been to selectively open its
doors to people from countries that bore cultural similarity to the local population.
Hence, initially recruitment was permitted only from Malaysia, but this has had to
be widened as labor needs continued to expand. At present, the search for
skilled workers and professionals has extended world-wide although the sources
for recruitment of unskilled foreign workers remain confined largely to the Asian
region.
Depending on their skills levels, the terms and conditions for foreigners to work
or stay in Singapore differ substantially. Skilled workers, professionals and
entrepreneurs are encouraged to take up permanent residence and citizenship
granted after two to ten years of residence (Social Integration Management
Service 1994). Unskilled foreign workers, on the other hand, are permitted to
work only for limited time periods, after which they are expected to return home.
Selective immigration of persons who can contribute economically is not a new or
recent policy in Singapore. This policy was apparently adopted by the British
administrators.
In Singapore, the work permit process is being managed by the Ministry of
Manpower (MOM). The ministry has introduced an internet platform for work
permit transactions to ensure an efficient process. With the internet portal, the
Ministry is able to process the work permit applications within one or two working
days.
For the work permit, foreign nationals regardless of whether unskilled or semi-
skilled are required to apply for work permits in accordance with the Employment
of Foreign Workers Act of Singapore. Usually in Singapore, the work permit is
actually issued based on the different industrial sectors requirements which
include the construction, non-construction and as well as domestic sectors.

There are quite a few different types of work passes which can be applied by
foreign nationals working within Singapore and three of these work passes
include a Work Permit, S Pass and as well as the Employment Pass (EP). The
requirement for the application of these three work passes are different and
some of these conditions depend on the nationality of the applicant, the sector of
the work, the nature of the work and as well as the basic salary.
2.1.1Employment Pass
The Employment Pass (EP) is the main type of work permit meant for company
owners or skilled employees those who intend to work in Singapore. The
employment pass is actually a general term used to classify some of the passes
used to work within Singapore. The EP categories are based on monthly income.
The monthly income must be more than S$2500 and should be degree holder
from recognized university. There is no official quota system limiting the number
of Employment Passes that can be issued. In reality, the EP can actually be
separated into three categories where these three different employment passes
include: i) P Pass (including P1 and P2 Pass), ii) Q Pass and iii) S Pass which
replaces the old Q2 Pass. The application requirements for these different
passes are different and this solely depends on the circumstances of the
applicant whether the applicant meets the requirements or otherwise. EP holders
are eligible to apply for Permanent Residence (PR) status in due course. The
documents required to apply for EP are placed at Annex -2.1.
i) P Pass
The P Pass is meant for foreign nationals who hold recognized degrees,
professional qualifications or specialist skills and also, these foreign nationals are
seeking professional, administrative, executive or managerial jobs. In addition to
that, the P Pass can actually be separated into two different categories which is
the P1 Pass and as well as the P2 Pass. The difference between these two
passes lies only within the basic salary where for the P1 Pass; it is only issued if
the applicant's monthly basic salary is more than S$7,000 whereas for the P2
Pass; it is issued to those if the applicant's monthly basic salary is between S$
3,500 to S$ 7,000.
ii) Q Pass
The Q Pass is designed for foreign nationals whose monthly basic salary is more
than S$2,500 and in addition to that, they should possess recognized degrees,
professional qualifications or specialist skills.

iii) S Pass
The S Pass is actually used to replace the previous Q2 Pass. The S Pass is for
mid-skilled employees, it is designed for foreign nationals whose monthly basic
salary is at least S$1800 or more. However, there is one major difference for the
S Pass when compared to the Q Pass or the P Pass, for the S Pass applicants
are assessed based on employer's quota eligibility and on a point system where
some of the assessment criteria include applicant’s salary, education
qualifications, skills, job type and also work experiences. Instead of a degree, a
technical diploma is acceptable for this kind of work pass. In general, the number
of S Pass holders a company may hire is capped at 25% of the company's total
workforce. S pass-holders can bring over dependents; they are subject to a
monthly levy of S$50. Only P, Q and S pass-holders can apply to become
permanent residents or citizens, which contrasts to the benefits offered to low-
skilled migrants. However they may have to wait for 4-5 years.
Applying Procedure
An application Form 8 (Employment / S Pass Application Form) duly filled in and
signed by the employer and foreign worker is required to apply for these
employment passes (P Pass, Q Pass and S Pass). Some other documents are
also required which include:
• copy of each applicant's educational documents;
• past employment testimonials in the English language,
• recent passport-sized photograph of the applicant taken within
the last three months;
• copy of the Travel Document page showing the applicant's
personal details; and
• complete Personal Particulars.
In addition to the required documentations, there are some other documents or
approvals which are required for the application, depending on the type of
employers or the job nature of the applicant.
2.1.2 Work Permit (WP)
A Work Permit (WP) is a Work Pass issued to a “skilled or an unskilled foreigner”
whose monthly basic salary is not more than S$1,800 to work in Singapore. The
skilled foreign worker is defined who possesses at least a Sijil Pelajaran Malaysia
(SPM) qualification or its equivalent i-e Secondary School Certificate , or a NTC-

3 (Practical) Trade Certificate [also known as ITE's Skills Evaluation Certificate
(Level 1) from July 2002] which is relevant to his/her occupation.
The duration is generally two years though it is subjected to the validity of the
worker’s Passport (one month before its expiry), the Banker’s/Insurance
Guarantee (two months before its expiry) and the worker’s employment period,
whichever is shorter. Before employing any foreign workers, the prospective
employer is required to apply to the Controller of Work Permits for a work permit.
However, during the period of application, foreign nationals of Non-Traditional
Source (India, Bangladesh, Thailand, Myanmar, Sri Lanka, Pakistan and the
Philippines), North Asian Source (Hong Kong, Taiwan, Macau and South Korea)
and as well as Republic of China are not allowed to be within Singapore. The WP
card states information such as the foreign worker’s Name, Work Permit Number,
Passport Number, Foreign Identification Number (FIN) and Occupation as well as
the Employer’s Name and Address. The FW is only allowed to work for the
original employer and in the occupation as stated in the Work Permit Card
(WPC).
A company is not allowed to deploy its foreign workers to its subsidiary because
they are separate legal entities. The subsidiary has to apply for WPs for the
foreign workers if it intends to employ them. A company may deploy its foreign
workers to work in its new branch provided the new branch:
• carries the same company’s name;
• operates under the same employer’s Central Provident Fund
(CPF) Account; and
• has the same business activity as the company.
The submission method of the application forms for a work permit, it can be done
electronically or via the SignPost post office where an administrative fee of S$10
is charged for each application submitted. The processing through electronically
submitted applications is much faster (combined two working days) compared to
processing it via SignPost post office which usually takes around seven working
days. Prior to the work permit is issued to a foreign national, the foreign national
is required to undergo medical examinations at a Singapore registered general
practitioner and also, the foreign national must be certified to be fit for
employment. After the successful process for a work permit, the applicant or the
employer are able to collect the Work Permit Card (WPC) within four days after
the registration. For the WPC, this 3-in-1 Work Permit identification card was first
introduced in the year 1999 and the card actually combines the Work Permit, the
Immigration Disembarkation/Embarkation card and as well as the Visit Pass. As

for the fees of the employment passes is concerned, the applicable fee is S$30
per year for the passes. In the application of an employment pass, aside from
some of the general regulations or procedures which are mentioned above, there
is also some other more detailed regulations or documentation which is essential
for the application. All foreign workers except those who are domestic workers
must be at least 16 years old at the time of the WP application.
To employ a WPC holder, the employers are subjected to work permit conditions
and the Employment of Foreign Manpower Act. The applicant has also to follow
the rules and regulations, procedures and information which differs depending on
the work sector and as well as the nationalities.
2.1.3 Entrepreneur Pass (Entre Pass)
Entrepreneur Pass (EntrePass) is the primary type of work pass for owners of
newly incorporated (or to be incorporated) who are not qualified under
Employment Pass category due to the lack of education qualifications.
Entrepreneur Pass is also initially issued for 1-2 years (at the discretion of
authorities) and renewable after that as long as the business remains viable.
Business owners who wish to incorporate a new company or have just
incorporated a company less than six months old are eligible for this. There is no
official quota system for EntrePass and each application is considered based in
its own merit. EntrePass holders are eligible to apply for Permanent Residence
(PR) status in due course.
Conditions for EntrePass applications:
• Company must be registered as a Private Limited Company;
• Applicant to hold at least 30% shareholding in the company;
• Company must have at least S$50,000 paid-up-capital; and
• Company must not be registered for more than six months at
the point of EntrePass application.
2.1.4 Personalized Employment Pass (PEP)
The Personalized Employment Pass (PEP) is a special type of Employment Pass
that is not tied to a specific employer. The biggest benefit of having a PEP work
permit is that holder can switch jobs without re-applying for a new employment
pass provided the Holder of PEP is not remained unemployed for more than six
months. PEP is issued for 5 years and is non-renewable. The holder of such

pass is not authorized to establish his own company or start his own business in
Singapore. PEP holders are eligible to apply for PR status in due course.
All those individuals are eligible to apply for a PEP who has current EP, P or Q
Pass. However, the basic salary of the person should be at least S$30,000 per
annum during the previous year. Former P1 holders are also eligible for PEP but
he/she should not have been unemployed for a continuous period of longer than
six months at the time of application. The Overseas professionals, whose last
drawn fixed monthly salary was equivalent to at least S$7,000, can also apply for
PEP. The graduates from Singapore institutes of higher learning can also apply
for PEP. The MOM is flexible on eligibility in these cases, based on the merits of
the applicant and does not indicate the need for specific documents to submit
except mentioned in application i-e Form 8. In case applicant does not currently
hold a Singapore Employment Pass (EP), it is likely that MOM authorities may
ask for additional details.
The processing time for PEP applications is about 2-3 weeks. Once application is
approved, an In-Principle Approval (IPA) letter is sent to applicant which is valid
for three months and he has to collect pass within this period from the MOM
office in Singapore. Once issued, it is valid for five years.
2.1.5 Miscellaneous Work Pass
The Miscellaneous Work Pass is issued to foreigners working in Singapore on
short-term assignments. More specifically if one is;
• involved in activities directly related to the
organization or conduct of any seminar, conference,
workshop, gathering or talk concerning any religion,
race or community, or political end;
• a foreign religious worker;
• a foreign journalist, reporter or an accompanying crew
member not sponsored by any Singapore
Government agency.
There is no quota system for this category, each Miscellaneous Work Pass
application is considered based in its own merit. Misc. Work Pass holders are not
eligible to apply for PR status.
2.1.6 Offences and Penalties
Singapore system has introduced the penalties for both employers and workers.
Employers caught illegally employing foreigners without valid work permit for 1st

time offenders have a maximum fine of S$15,000 or 12 months jail or both, and
this will be over and above the restitution of any levy evaded by the employers.
Second time and subsequent offenders face the same fines but there is a
mandatory 1 to 12 month’s jail. Whereas the employer permitting foreigner
without valid work passes to enter or remain at work place for first time have the
same punishment as in the above case however in second time punishment is
double i-e S$ 30000 and 24 months imprisonment.
The foreigners seeking self employment without valid work pass are being fined
S$ 15000 (Max) and/or 12 months jail on first time conviction and double of it on
second time conviction. The Providing false information to the Controller of Work
Passes is also liable to punishment by charging fine of S$ 15000 and 12 month
imprisonment.
The punishment for “Gives, sells, forges or unlawfully alters work pass” and
“Uses or possesses a forged or unlawfully altered work pass or a work pass
issued to another person” is recently enhanced. The enhanced punishment is
fine of S$15000 and 12 months imprisonment. Similarly, failure to notify controller
of false declaration is punishable by S$5000 and 6 months imprisonment.
2.1.7 Specific Requirements for Various Sectors
Ministry of Manpower (MOM) in Singapore has laid down specific criteria and
requirements for each industrial sector keeping in view country’s social, cultural
and economic conditions. Including the Construction sector, whole industry has
been divided into four sectors and clearly define that what type of Business/firms
fall in these categories. These sectors along with respective business
activities are classified as under:
i) Manufacturing Sector
The manufacturing sector comprises of those companies engaged in the
following business activities:
• Manufacturing of basic industrial acids and alkalis;
• Mechanical engineering works;
• Manufacturing and repair of oil/gas field machinery
• Manufacturing of waxes, polishes and deodorants;
• Electroplating, hot-tip galvanizing, die-casting and
heat treatment;
• Wafer fabrication plants; or
• Food manufacturing

ii) Service Sector
The service sector comprises of those companies engaged in the
following business activities:
• Financial, insurance, real estate and business
services;
• Transport, storage and communications services;
Commerce (retail and wholesale trade);
• Community, social and personal services (excluding
domestic workers);
• Hotels; Restaurants, coffee shops, food courts and
other approved food establishments;
Dispatch and delivery services; or Hair-dressing and
beauty shops;
It is worth mentioning here that Food-stall licensees paying an annual
license fee of $13 cannot employ Work Permit holders. This is because
food-stall licensees, unlike restaurants, normally operate small stalls in
hawker centers, coffee shops or food courts; these are small and can be
operated by the licensees alone or with family members.
iii) Marine Sector
According to description of activities mentioned in Singapore Standard
Industrial Classification (SSIC) 2005, Marine sector includes companies
with the following business activities:
• Building of ships, tankers and other ocean-going
vessels ( including conversion of ships into off-
shore structures);
• Repair of ships, tankers and other ocean-going
vessels;
• Building and repair of pleasure crafts, lighters and
boats;
• Manufacture and repair of marine engines and ship
parts;
• Ship-repairing and Ship breaking
A company/firm that wishes to be classified under the ship-building and
ship-repairing industry must be engaged in one of the 5 above mentioned
ship-building or ship-repairing activities.
Only shipyards, resident contractors and common contractors supported
by a registered shipyard are eligible to recruit foreign workers. They are

only allowed to work in the above mentioned ship-building or ship-
repairing activities within a shipyard's premises.
2.1.8Recruitment of Workers from Various Countries
The companies falling under the Manufacturing & Service sector are allowed to
recruit workers from the following countries:
Malaysia; Hong Kong; Macau; South Korea; Taiwan; and
People's Republic of China (PRC).
Whereas the Marine sector companies can recruit workers from the following
countries:
Malaysia; and/or Non-Traditional Source (NTS) / North
Asian Source (NAS) countries; and/or People's Republic
of China (PRC).
The companies falling in Construction Sector can recruit workers from the
following countries:
Malaysia; People's Republic of China (PRC); or Non-
Traditional Sources (NTS): India, Sri Lanka, Thailand,
Bangladesh, Myanmar, Philippines and Pakistan, North
Asian Sources (NAS): Hong Kong, Macau, South Korea and
Taiwan.
2.1.9 Procedure and Timeline
All complete applications along with the required documents are being submitted
to Singapore’s Ministry of Manpower (MOM) – the government body that
processes EP applications. The application can be filed manually or online.
The processing of online application is quicker but it does not allow for
attachment of supporting documents, these have to be deposited manually. The
reality is that end-to-end processing time for an EP application can take
anywhere between 2-6 weeks depending on a number of different factors.
2.1.10 Approval and Collection of Employment Pass
When Employment Pass (EP) application is approved, MOM mail In-Principle-
Approval (IPA) letter to the employing company’s address as specified in the
filled in application form. The letter has six-month’s validity and EP has to be

collected before it expires. The applicant has to come to Singapore to collect his
Employment Pass.
In order to issue the EP work pass, MOM requires a copy of the IPA letter,
passport, medical report, and any other documents that are requested in the
approval letter. Applicant has to go through a medical test and produce the report
while collecting Employment Pass. The medical tests may be completed in
applicant’s own country through an established clinic/hospital nominated or
recognized by MOM. The option is also available to get it done in Singapore.
The entire requirements mentioned in the IPA have to be completed before
receiving the EP.
If applicants belong to overseas and require an entry visa, a onetime entry visa is
issued to him as part of the letter so that he may enter Singapore and collect his
Employment Pass. In case an applicant has also applied for Dependant Passes
(DP) for family, the same can also be collected at the same time when collecting
EP.
It is worth mentioning here that if EP application is not approved as a matter of
course but is subject to review and approval by authorities. Therefore applicant is
not allowed to make any relocation plans until an In-Principle-Approval is
received.
2.1.11 Disapproval for Employment Pass
All EP work visa applications are not liable to approve. MOM takes into account
the applicant’s qualifications, work experience, and employer credentials when
approving or rejecting applications. If the initial application is rejected, the
applicant has a right to file an appeal with MOM by addressing the issues raised
by authorities if appropriate. If the additional details submitted are satisfactory to
MOM, the employment pass application is approved. The processing of an
appeal application can take another 2-3 weeks.
2.1.12 Employment Pass Renewal Procedure
Generally two months before EP is due to expire, an Employment Pass Renewal
Form is sent to employer’s address. The renewal application is to be completed
and submitted to MOM at least four weeks before the pass expires. After renewal

application is approved, employer receives an approval letter. Applicant need to
visit MOM office to collect his new Employment Pass.
2.2 Work Permit System (WPS) in Malaysia
The employment of Foreign Workers (FW) in Malaysia is also due to the
shortage of manpower supply to meet the workforce demands. The Malaysians
government is encouraging the foreign companies with foreign paid-up capital to
invest in Malaysia. However it is the Government’s policy that Malaysians are
eventually trained and employed at all levels of employment. Companies are
encouraged to train more Malaysians so that the employment pattern at all levels
of the organization may reflect the multi-racial composition of the country.
Notwithstanding this, foreign companies are allowed to bring in expatriate
personnel in areas where there is a shortage of trained Malaysians to do the job.
In addition, foreign companies are also allowed “key posts”, that is, posts that are
permanently filled by foreigners. The foreign companies are given some
relaxation in this regard i-e. Key posts can be considered where the foreign paid-
up capital is at least RM 500, 000. However, the number of key posts allowed
depends on the merits of each case. For executive posts which require
professional qualifications and practical experience, expatriates may be
employed up to a maximum period of 10 years, subject to the condition that
Malaysians are trained to eventually take over the posts. For non-executive posts
which require technical skills and experience, expatriates are employed up to a
maximum period of five years, subject to the condition that Malaysians are
trained to eventually take over the posts.
An expatriate officer who is transferred from one post to another post within the
same company is not required to obtain a new employment pass. His original
employment pass will be amended to reflect the change in post. However, a new
expatriate officer replacing another expatriate officer is required to obtain a fresh
employment pass.
All employment passes are valid for the period of time as approved for the post.
However, for key posts holders, the employment passes are given on a 5-year
renewable basis, except under circumstances where:-
• the validity of the expatriate's passport is less than 5
years;
• the employment contract agreement of the expatriate
is less than 5 years; and

• the employer requires the services of the expatriate
for less than 5 years.
2.2.1 Procedure for Expatriate Posts
All applications for expatriate posts (including key posts, executive and non-
executive posts) are submitted to Malaysian Industrial Development Authority
(MIDA) at the same time as the company’s application for approval of its project.
If the company is unable to do so, it may submit its application for expatriate
personnel at a later stage.
This procedure applies to expatriate personnel required by:
• Companies which propose to establish new projects.
• Existing companies which propose to manufacture
additional products, that is, diversification of products.
• Existing companies which propose to expand their
production capacities, that is, expansion of projects.
For companies which do not fall under the above categories, applications for
extension of expatriate posts or for additional expatriate posts submit directly to
the Immigration Department headquarters in Kuala Lumpur.
There is no levy on expatriate posts. However, a processing fee of RM300 per
year or part thereof for key posts and RM 200 per year or part thereof for
management/professional/technical posts is imposed.
2.2.2 Employment of Foreign Workers
The Foreign Workers Division of the Immigration Department is the approving
authority for the employment of foreign workers belonging to the skilled, semi-
skilled and unskilled categories (i.e. does not include expatriates under the
management, professional and technical/supervisory categories).
Prior to July, 2006, the Malaysian companies or institutions were dealing directly
to acquire the services of foreign workers. Employers had to find and manage
FW on their own, including looking after their welfare, accommodation,
transportation, etc. Employers were not able to fully concentrate on their
companies’ core business. Most of the time employers remained busy obtain the
clearance from government departments. On the other hand the Foreign Workers
had many disadvantages – were not allowed to join any other company in case

the original appointee company was closed , and were not paid whenever they
are without job. The FW have to go back their respective countries.
The Malaysian Government has amended their immigration system by approving
the Foreign Workers Outsourcing System (FWOS) on July 5, 2006. According to
this system various companies are given license to meet the manpower
requirements of local companies. A Licensed Outsourcing Company (LOC) is a
company that is permitted by Kementerian Hal Ehwal Dalam Negeri, Malaysia
(KHEDN) a number of quotas to bring in legal FW from approved source
countries, which in turn have been approved by the Department of Immigration
Malaysia (JIM) to supply and to manage for the principal company. LOC is a new
method of bringing in legal FW from source countries, which is not just to supply
but also to manage the workers as their own employees where they must provide
accommodation, transportation, salaries and benefits, FW’s insurance
compensation scheme, etc.
There are also employers who only require the employment of FWs for a short
duration to fulfill temporary demands that only arises during certain period. For
example, employers in the manufacturing sector who need extra FWs to
complete a large job order within a short timeframe. They might incur losses or
lose their clients if they are unable to complete the job order within the timeframe
set by their clients. Similar situation occurs in the case of employers in the
plantation and farming sectors who need a large number of FWs during the
harvesting season. Any delay in harvesting the crops, it results in the harvest
being of low quality or even damaged. As a result, these employers incur losses.
The need for FWs in the construction sector is different from the other sectors
due to the nature of construction works that is being done in stages by different
set of FW in different trades. FWs in the construction sector are being employed
for specific tasks for limited time, i.e. concreting, bar bending, plastering, piping,
electrical works, etc.
At present, employment of FWs is only allowed for the construction, farming,
maid, manufacturing, plantation and services sectors. Employers are only
allowed to request and employ FWs for a period of at least one year (due to
payment of levy and the issuance of Temporary Work Permit (TWP) for a period
of one year). There are also employers who only require the employment of FWs
for a short duration to fulfill demands that only arises during certain period.
Approval of applications is based on the merits of each case and subject to
conditions that will be determined from time to time. Applications to employ
foreign workers is only considered when an effort to find qualified local citizens
and permanent residents is not possible or failed. The approved/allowed sectors
in which the foreign workers are allowed to recruit and the source countries from
where the recruitment can be made for these sectors are placed at Annex – 2.2.

All applications for FWs are submitted to the One Stop Centre, Ministry of Home
Affairs except for applications for foreign domestic helpers which are being
submitted to Malaysia’s Immigration Department.
The need for FWs in the construction sector is different from the other sectors
due to the nature of construction works that is being done in stages by different
set of FWs in different trades. FWs in the construction sector are being employed
for specific tasks for limited time, i.e. concreting, bar bending, plastering, piping,
electrical works, etc.
Labor Exchange Centre Berhad (CLAB) is responsible to solve the problems of
employers in the construction sector. (CLAB) acts as receiver and distributor to
employers in need of FWs in the construction sector. In order to ensure CLAB
operates effectively, the government has approved a quota of 20,000 FWs from
source countries and 15,000 from Pakistan to CLAB.
Services sector consists of eleven sub sectors: i-e restaurant, cleaning services,
cargo handling, launderette, caddy in golf club, barber, wholesale/retail, textile,
metal/scraps/recycle activities, welfare homes and hotel/resort Island. There is
trend in the Service sector that Malaysian living in the city are not inclined to hire
foreign maid, but instead to engage cleaning service and house cleaning on the
weekends. Consequently, such Malaysian employers resort to engaging the
services of FWs provided by companies that practice the outsourcing concept,
even though it is against the current policy. This is because such employers must
obtain the service of such FWs by whatever means.
For the other sectors, the outsourcing concept is planned to carry out as long as
parties/clients in need of the service of FWs. However, the unsupervised
implementation of outsourcing could lead to oppression and injustice towards
FWs that may tarnish the image of Malaysia in the eyes of the international
community. As such, there is a need for outsourcing to be acknowledged as a
legitimate approach in the recruitment of FWs. The Government can appoint and
supervise capable companies to be in charge of recruiting, managing and
employing FWs for clients in need of their services under the outsourcing
concept.
2.2.3 Process for Selection of Outsourcing Companies
An outsourcing company is only being selected after it has gone through an
Interview Board at KHEDN comprising of:
• Secretary-General, KHEDN
• Deputy Secretary-General, KHEDN
• Director-General, JIM
• Director-General, Department of Labor

After the interview, the companies are short listed by the Chairman of the
Cabinet Committee on Foreign Workers. If all the formalities are completed then
firm is issued license.
2.2.4 Criteria for Selection of Companies
A criterion for selection of LOC stipulates that the company must be registered
under the Company Act 1965 with a paid-up capital of not less than RM100, 000.
Company equities must be wholly owned by Malaysian and majority
shareholders to be held by Bumiputra. Secondly, the companies or Board of
Directors or owners must be experienced and specialized in recruiting, managing
and administering workers’ welfare. The company should prove that they are
able to provide jobs for the FW by showing proof of employment contract or letter
of award or letter of intent.
2.2.5 Conditions for Approval of LOC
The company must place a deposit/bank guarantee/insurance guarantee as a
guarantee to the Government. These deposits or guarantees are forfeited if the
company is found to be misusing the outsourcing conditions. The deposit/bank
guarantee/insurance guarantee that has to be paid is RM500 per approved FW
or RM 250, 000 for every 500 workers. The company is responsible to manage
the process of bringing in the FW into Malaysia subject to the following
conditions:
• Payment of levy to the Government;
• Use of biometric system is compulsory for FW who come
into Malaysia;
• Ensuring that the FW who are brought into Malaysia have
jobs every day and month (excluding public holidays) and
if any FW does not have a job, the outsourcing
company has to pay a minimum allowance of RM400 per
month;
• Ensuring that the FW have undergone medical check-up
before they are issued a visiting pass (Temporary
Employment Permit);
• Salary along with other allowances to FW is to be paid by
the end of every month;
• An advance of their salary on every middle of the month;
• Salary has to be paid using the biometric system which is
connected to JIM for monitoring purposes;
• Providing accommodation and transportation;

• Providing medical benefits and FW Compensation
Scheme
In addition, the company must prove that they have a contract document or letter
of demand from the principal company.
2.2.6 Responsibilities of LOC
The LOC is only allowed to place FW in permitted sectors as stated in the letter
of approval. Placement of FW in other sectors is not allowed, except if the
company has written approval from KHEDN. The company is required to provide
a report on the information of FW under employment to the Director-General,
Department of Labor within 14 days from the date of employment according to
Section 60K of the Employment Act 1955.
The company is to prepare a detailed report on the FWs under its employment,
which is to be periodically submitted on the seventh day of every month to
KHEDN, Ministry of Human Resource (MOHR), and JIM. The LOC is not allowed
to provide the service to principal companies that have terminated their local
workers or that can cause the termination/unemployment of local workers, i.e.
quota of local workers and FW must be adhered to. The LOC is required to abide
by all labor employment laws and rules. The LOC will have to send the FW back
if they are unable to provide them with work/job within six months or if the worker
is declared unfit or breaks the law or regulations. The LOC must always ensure
and maintain their paid-up capital at a minimum of RM100, 000 and company
equities are wholly owned by Malaysian and the majority share are held by
Bumiputra.
Principal companies are required to make payment of service to the LOC at the
end of every month. The LOC must also adhere with other conditions and
policies which have been laid out by the Government time to time.
2.2.7 Revoking of Approval
Approval is based on the merits of each case and subject to conditions that will
be determined from time to time. An employer's application to employ foreign
workers is only considered after efforts to find qualified local citizens and
permanent residents have failed.
To ensure that foreign labor is employed only when necessary, an annual levy on
foreign workers is imposed. The rates of levy on foreign workers involved in the

manufacturing, services and construction sectors are RM125 per month and
workers in the agricultural sector are RM30 per month.
The Government reserves the right to revoke the approval given to the LOC at
anytime, whenever the company fails to abide by or breaks the conditions for
approval as stated above.
The five sectors i-e Construction; Farming; Plantation; Services; and
Manufacturing are allowed to use the services of LOC.
The Work Process of the Outsourcing System is illustrated at Annex 2.3.
2.2.8 Technical Committees
There are three technical committees involved in the employment process of
foreign workers. Each committee has been assigned different task relating to
foreign workers. These are;
• Cabinet Committee on Foreign Workers (JKK-PA)
• Technical Committee on Employment of Foreign Workers
(JKT-EFW)
• Technical Committee (JKT) on Appeal (JKT-A)
The task assigned to each committee is as follow;
a) Cabinet Committee on Foreign Workers (JKK-PA)
JKK-PA is overall responsible for formulation of policy on employment of foreign
workers. It is also responsible for policy related to resolving problems associated
with the presence of illegal foreign workers in the country. Deputy Prime Minister
of Malaysia is the head of this committee. The committee of JKK-PA comprises
on following members:
• Minister of Works,
• Minister of Plantation Enterprises & Commodities,
• Minister of International Trade and Industry,
• Minister of Agriculture & Agro-based Industries
• Minister of Tourism,
• Minister of Human Resources,
• Minister of Rural & Regional Development
• Minister of Entrepreneur Development & Co-operatives,
• Minister of Health

• Minister of Foreign Affairs,
• Minister of Home Affairs,
b) Technical Committee on Employment of Foreign Workers
(JKT-EFW)
The Technical Committee on Employment of Foreign Workers (JKT-EFW) in the
construction sector is headed by the Deputy Secretary-General (Policy), KHEDN
with members comprising representatives from:
• Ministry of Home Affairs, Malaysia
• Department of Immigration Malaysia (JIM)
• Construction Industry Development Board Malaysia (CIDB)
c) Technical Committee on Appeal (JKT-A)
The Technical Committee on Appeal (JKT-A) is chaired by the Secretary
General, KHEDN. The functions of JKT on Appeal are:
• To review application rejected by JKT on Employment of
Foreign Workers
• To review application for increasing the number of foreign
workers
• Both the JKT on Employment of Foreign Workers and JKT
on Appeal only deal with application of foreign workers in
Peninsular Malaysia.
2.2.9 Process of Foreign Worker’s Application
The processing of application is divided into two phases. In the first phase, the
employers complete all the requirements and submit the application to the
department Kementerian Hal Ehwal Dalam Negeri (Malaysia) known as KHEDN,
after entering the data forward the case to the JKT-EFW for convening a meeting
to consider the request. The committee decides to accept or reject the
application and inform the employer accordingly.
In case acceptance of the request of employer the second phase starts and
employer arrange medical examination. Medical examination is conducted by
clinics accredited by the Kementerian Kesihatan Malaysia (KKM) (Ministry of
Health) at the source country. JIM only conducts random medical examination at
the point of entry in Kuala Lumpur International Airport (KLIA). Extension for
Work Permit Pass is to be certified by clinics duly registered with FOMEMA. After

the medical examination employer obtain passport’s particulars of the employee
from source country and proceed for the calling visa (CV) from immigration
department. After the confirmation, employee applies to obtain the entry visa
from the Malaysian Embassy/ Councilor office. After the arrival of workers
employer obtain PL (KS) sticker from immigration and complete the process. The
flow process of both phases is placed at Annex – 2.4.
2.2.10 Types of Permits
a) Employment Pass (EP)
This type of pass is issued to foreigners planning to work under contract for a
minimum period of two (2) years and earning a monthly income of RM 3, 000 or
more in Malaysia.
b) Visit Pass (Temporary Employment)
This pass is issued to foreigners planning to work for less than twenty-four (24)
months in Malaysia.
c) Visit Pass (Professional)
This pass is issued to allow foreigners entering Malaysia to engage in short-term
contracts with any agency. The validity varies but cannot exceed twelve (12)
months at a time. The groups of foreigners eligible for application include:
• Artists
• Volunteers
• Members of religious groups or institutions
• Members of international organizations or agencies
• Filmmakers, producers, photographers, actors, directors,
etc…
• Invited speakers, educators, and lecturers
• Equipment installation or maintenance experts
• Researchers recognized by the Government of Malaysia
d) Dependant Pass
This pass is issued to spouses and children of foreigners possessing an
employment pass. The pass may be filed for application together with the
employment pass application, or after approval of the employment pass. The

maximum duration of the dependant pass should also be aligned with the
duration of the employment pass (around 2 years).
e) Spouse Permit
This permit is issued to foreign spouses married to a Malaysian Citizen. The
duration is between six (6) months and two (2) years.
2.3 Conclusion
2.3.1 Singapore
The review of Singapore's policies on foreign workers reveals that the first
decade of the country's independence was devoted to buildings its economic
foundations, raising living standards, maintaining ethnic harmony among its
diverse population, and increasing economic competitiveness by welcoming
foreign companies and investors. Although strict controls initially were imposed
on unskilled foreign workers, these were relaxed as the country became more
industrialized, a process characterized by high export-led growth. Large numbers
of unskilled laborers in the manufacturing, construction, and domestic services
sectors came from "nontraditional" (meaning non-Malaysian) sources, such as
India, Bangladesh, Sri Lanka, the Philippines, and Thailand, as part of bilateral
agreements between Singapore and these countries.
Singapore's policies on foreign workers are embodied in legislation, regulations
and an administrative system which ensures effective monitoring and control.
The statutory provisions and administrative framework are continually being
changed to adjust the change in circumstances/conditions. The employers of
foreign workers are directly responsible for the workers in all respects, including
the provision of accommodation and eventual repatriation. The long-term policy
regarding foreign workers is to reduce the number of unskilled workers. However,
those with skills are allowed to stay longer as these can’t be produced within
short period. Employers are being given the incentive and encouragement to
adopt working procedures and practices which will help achieve these aims.
Singapore has a small human resource base and its economic progress has
been based on systematically upgrading the level of technology in all sectors,
and adopting high value- added activities, while phasing out labor-intensive ones.
Whereas the employment of foreign workers is permitted in some sectors,
continue reliance on such workers is not desirable. The use of foreign workers
not in Singapore only but all over the world is viewed as a necessary temporary

measure to avoid shortages which could hinder the nation's economic
development. The long-term intention is to reduce the reliance on such workers
however; the efforts are made to derive optimum benefit from these foreign
workers.
The inflow of foreign workers into Singapore is controlled, and companies are
urged and assisted with technical and managerial advice and financial incentives
to adopt approaches which would enable them to substitute for low-skilled labor.
The Government is determined to build up a highly skilled local workforce.
Employers have been continuously urged to upgrade and automate their
operations "because, in the long run, Singapore will not be able to compete with
other countries which have cheap and abundant labor".
Since Singaporeans are reluctant to fill low-skilled jobs that pay low wages,
Singapore turns to foreign workers to fill such positions. But because the
government believes too much permanent, low-skilled migration is disruptive to
society, its immigration policy ensures that unskilled and low-skilled migrants
remain a transient workforce, subject to repatriation during periods of economic
downturn.
The foreign workers are managed through a series of measures, including the
work-permit system, the dependency ceiling (which regulates the proportion of
foreign to local workers), and the foreign-worker levy. The percentage of foreign
workers allowed per company varies according to sector and type of permit, and
can range from 10 to 80 percent.
The foreign workers are confined by allowing to work for the employer and in the
same occupation as reflected in the work permit and therefore cannot gain
access to the local labor market. The termination of employment also results in
the immediate termination of the work permit, and the worker must leave
Singapore within seven days.
In addition, foreign workers are not allowed to marry Singaporeans or PRs, and
they are subject to a regular medical examination that includes a general
physical check-up, a chest x-ray, and a test for HIV/AIDS. Female work-permit
holders (meaning foreign domestic workers) who, through the medical-screening
process, are found to be pregnant are subject to repatriation without exception.
The other important measure is the monthly foreign-worker levy, which varies
according to economic sector, worker’s skill level, and periodic adjustments with
shifts in economic performance. On top of the levy, employers of work-permits

holders are also required to post a security bond for each (non-Malaysian)
worker. Also, all employers of foreign domestic workers must take out personal
accident insurance for each worker since foreign domestic workers are not
entitled to claim workman's compensation.
2.3.2 Malaysia
In Malaysia, employment of foreign workers is allowed in selected sectors i-e
construction, plantation, service (domestic servants, hotel industry trainers and
instructors) and manufacturing sectors. Only nationals of Bangladesh, Cambodia,
Indonesia, Pakistan, the Philippines, Sri Lanka and Thailand are allowed to be
employed.
It is the Government’s policy that Malaysians are eventually trained and
employed at all levels of employment. Companies are encouraged to train more
Malaysians so that the employment pattern at all levels of the organization will
reflect the multi-racial composition of the country.
The foreign companies are allowed to bring in expatriate personnel in areas
where there is a shortage of trained Malaysians to do the job. In addition, foreign
companies are also allowed “key posts”, that is, posts that are permanently filled
by foreigners.
The Foreign Workers Division of the Immigration Department is only the
approving authority for the employment of foreign workers belonging to the
skilled, semi-skilled and unskilled categories.
Approval is based on the merits of each case and subject to conditions that will
be determined from time to time. An employer's application to employ foreign
workers will only considered if qualified local citizens and permanent residents is
not finding.
To ensure that foreign labor is employed only when necessary, an annual levy on
foreign workers is imposed. The rates of levy on foreign workers involved in the
manufacturing, services and construction sectors are RM125 per month and
workers in the agricultural sector are RM30 per month.
The companies whose foreign paid-up capital is more than US$ 2 million are
allowed to fill five posts with expatriate including key posts without any prior
permission. Additional expatriate posts are allowed when necessary, upon
request.

The Companies whose foreign paid-up capital is less than US$ 2 million are
being considered for expatriate posts on the basis of the following:
• Key posts can be considered where the foreign paid-up capital
is at least RM500, 000. This figure, however, is only a guideline
and the number of key posts allowed depends on the merits of
each case.
• For executive posts which require professional qualifications
and practical experience, expatriates may be employed up to a
maximum period of 10 years, subject to the condition that
Malaysians are trained to eventually take over the posts.
• For non-executive posts which require technical skills and
experience, expatriates may be employed up to a maximum
period of five years, subject to the condition that Malaysians are
trained to eventually take over the posts.

Section 3: Work Permit System (WPS) in Afghanistan
The Government of Islamic Republic of Afghanistan (GoIRA) has started the
registration of foreign employees who wish to legally work within Afghanistan,
through the introduction of the “Work Permit System” (WPS). It is mandatory for
foreign nationals to get themselves registered to work in Afghanistan. A
Directorate of Work Permit is established under the administrative control of the
Ministry of Labor, Social Affairs, Martyrs and Disabled (MoLSAMD).This
Directorate is now issuing Work Permits (WPs) to foreigners hired to work in
various public and private organizations. It is pertinent to point out that the UN
personnel including those working in its specialized agencies and military
personnel of the NATO, The International Security Assistance Force (ISAF) and
the Allied Forces in Afghanistan are exempted to obtain work permit.
An intending employer for foreign worker (s) - both of a governmental or private
organization - is required to: i) seek prior approval from the competent authority,
ii) apply for the entry visa, and iii) apply for the issuance of WP. The work permit
is being issued according to a prescribed procedure.
3.1 Work Permit (WP) Procedure
In the pursuance of Article 4 of Labor Laws (Annex - 3.1) Statutes on the
Employment of Foreign Citizens in Afghanistan Organizations was enforced
for the purpose of regulating the criteria for the employment of Foreign Citizens
employed on the contract basis in Afghanistan.
Directorate of Work Permit is dealing with both public and private sectors. The
Afghan Government’s Ministries and Departments after selecting the foreigners
whose services are required, issue an initial offer letter to the selected person
and forward his case to Ministry of Foreign Affairs (MoFA) for the issuing the
instruction for visa to the respective concerned embassy. The MoFA issues a fax
number for obtaining visa. The selected person gets single entry visa or Double
entry from his/her country and proceeds to Afghanistan. After the arrival of
employee, the concerned Ministries/Departments forward the foreign employee’s
particulars to the Directorate for the issuance of work permit.
Similarly the private sector after selecting the foreign person, contact the
respective administrative Ministry or department/agency for obtaining clearance
or approval. With the approval of competent authority the private sector also refer
the case to MoFA for issuing the visa instruction to the respective embassy. In
such cases the M/o Foreign Affairs also issue a Fax number to the respective

embassy for the issuance of visa. After the arrival of foreign employee host
establishment take care for obtaining the work permit and to complete the other
visa formalities for the foreign employee.
In case of Journalists, since they don’t have any host organization in
Afghanistan; therefore they apply for work permit through Media Relation
Department of MoFA which issues introductory letter for Work Permit.
3.1.1 Documents Required for Work Permit
All applications along with the required documents are being submitted to the
Directorate for the issuance of work permits. There is no specific Application
Form is available for this purpose. The applications on a plain paper addressed
to the Director are being submitted along with required documents. The
application is required to be submitted in Dari or Pashto. All applications are to
be accompanied with following documents for processing the cases:
i. Original passport having legal visa with valid entry stamp;
ii. Four recent photographs of the applicants;
iii. Original license of the company/organization along with
two photo copies, in which employment is being offered;
iv. Copy of the contract between the employee and
employer company / organization along with copy of
contract prepared by the Directorate known as Foreigner
Contract (Annex -3.2);
v. In case of renewal of work permit, the previous work
permit, four photos, organization’s license and paid
voucher of work permit renewal fee must be attached
with an application;
vi. In case previous work permit is lost, the employee should
make a formal announcement through (Afghan Ailanat),
should provide announcement cutting and attach it with
the request. Also the deposit slip of re-payment of work
permit fee for the issuance of duplicate work permit;
vii. The Tariff voucher / challan (Bank deposit slip) issued by
the Directorate to deposit the work permit fee. (The
issued slip is valid only for three days. In case applicant
couldn’t deposit the fee within three days than the
applicant has to contact again to obtain the fresh tariff
voucher.);

viii. Specimen signature of the authorized person designated
to deal with work permit affairs on behalf of organization /
applicant should be attached according to the format
design by the Directorate; and
ix. All original educational documents of the employee with
compared photo copy, required for the job.
3.1.2 Processing Flow
The Directorate has three sections (Annex -3.3) in which the request of applicant
is being processed. First, Tariff Unit checks all documents attached with the
application and if these are found in order then applicant is handed over a letter
addressed to Ministry of Interior (MoI) for the clearance of Interpol police. If the
applicant brings the positive report from Interpol police the section issue him/her
bank challan / voucher to deposit the Work Permit fee i-e AFS 7500 to DA
AFGHANISTAN BANK. The issued tariff slip is valid only for three days. The
applicant goes to the Bank and brings back the Fee deposit slip. After receiving
the Bank deposit slip the case is forwarded to Documentation Unit.
The Documentation Unit checks the Tariff deposit slip and all other prepared
documents, if everything found according to the rules and regulations, the Unit
prepare the WP and pass on to Registration Unit for further action. The section
maintains the record in following format.
S.
No
Tariff
No
Ministry /
Org. Name
Representative’s
Name
Number of
work permit
Amount
Bank Note #
and Date
Work Permit #
1 2 3 4 5 6 7 8
The Registration Unit after receiving the WP maintain the record in the following
book format and get the signature of Director on it for handing over to the
representative of employer or foreign worker,
WorkPermitNo
Name
F/name
BankNote&date
EmployerOrg.
OrganizationAdd.
Cell#(representative)
Position
(Representative)
SourceCountry
Passport#
Dateofissue
Dateofexpiry
WorkPermitSerial#
Receipt
Photo
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15

Registration Unit keeps all documents in the respective Organization’s folder.
(Each organization has one folder) and singed Work Permit handover to either
Foreign Workers or the representative of Employer Organization.
On the expiry of work permit registration is crossed out with a red pen in the
respective registration book. In case of dismissal/resignation, it is employer’s
responsibility to return employee’s Work Permit back to the Directorate of Work
Permit officially.
In case of renewal, the Directorate issues the new card and record the new WPC
number along with the date of issue in the register at place where the particulars
of previous WPC were recorded.
In case of changing work place, foreign employee has to go back to his County
and come back again on the invitation of new Organization. The current
processing flow is expressed in following flow chart.
Current Processing Flowchart
Cleared Not Cleared
Applicant’s
Representati
Directorate of
Work Permit
Tariff Unit
Ministry of
Interior Interpol
Section
DA
AFGHANISTAN
Bank
Documentation Unit
Registration Unit
Work Rejection

As a policy the work permit is being issued on following type of visa subject to
completion of all prerequisites, and all rest type of visas are not eligible for the
issuance of WP.
• Work visa
• Single entry visa
• Multiple entries visa
Apparently the processing procedure is seems too simple however there are
many policy, administrative and technical deficiencies in it. There is no policy
guidance that to whom the issuance of work permit will be made or denied and
on what basis. There is no Standard Operating Procedure (SOP) for the system.
The Directorate is given free hand to deny issuing WP. The concerned section
reported that they deny the issuance of WP due to following four reasons;
i) Work Permit applied for some lower/unskilled position;
ii) Higher position but person possesses lower educational
qualification;
iii) Non clearance of Interpol; and
iv) Irrelevant visas as mentioned above.
It is interesting to note that the concerned section has neither any approved
classified list of occupations for which they can refuse the issuance of WP nor
they have any matching criteria of educational qualification with occupations. The
unit is exercising its own prerogative with reference to Article # 6 of Statutes on
the Employment of Foreign Citizens in Afghanistan Organizations. Similarly many
other procedural/corresponds flows exists, which are discussed in detail in
following paragraphs.
It is also observed that many initiatives were taken to protect the local labor
market but nothing is done to ensure the implementation. For instant in the
Foreigner Contract two clauses mentioned in Part B at serial No. 4 & 6 are
related to the replacement of foreigner with local person and to train the local
worker enabling to work independently in the absence of foreign worker
respectively. But due to nonexistence of monitoring mechanism and policy and
research section there is no check on it.

3.2 Issues and Problems
There are a number of administrative & technical issues – rather challenges in
the context of immigration relate to different dimensions with regard to: i)
information/data on immigrants, ii) regularization of non-registered foreign
workers, iii) establishing database of immigrants, iv) diplomatic efficiency, v)
efficient coordination between stakeholders, vi) protection of the rights of
immigrants, vii) irregular immigration, viii) establishing the mechanism including
regulatory framework, viii) developing institutional capacity.
3.2.1 Administrative Issues
The review reveals that neither government has any policy5
nor any system to
utilize the services of foreign workers. There must be a high level
forum/committee comprising all stakeholders to formulate the employment policy
of foreign workers. The forum/ committee should be fully empowered to take the
policy decisions keeping in view the country’s requirements and its labor market
situation. The forum should also decide in which sectors the foreign workers may
be employed and what type? Such forum can also identify the non-skilled
occupations to deny the issuance of WP in order to protect the local workforce. It
should also be responsible to resolve policy related issues. It is also noticed that
public and private sector have a separate “competent authorities” to get
permission to employ the foreign workers and these authorities are using their
own prerogatives. There must be a single authority for the issuance of
permission to utilize the services of foreign workers according to the prescribed
policy.
It is noticed that many foreign workers are encouraged by the Public and Private
sectors or by their own are entering in Afghanistan and performing the jobs for
which the Afghan workforce is available. It is against the spirit of Article # 6 of the
Statute. There is no procedure/law exists to implement this clause. Similarly
many foreign private organizations even local private organizations are
employing the foreigner as security guards, which are confronted with country’s
law and Article # 6 of the Statute. There should be a competent body to review
such issues and remove ambiguities and streamline the laws and implementation
plan. The Article # 6 &12 of Statute needs more elaboration and clarity.
According to the Article # 12 the Joint Ventures and Private Sector, in which
5
The “host” countries have Foreign Workers Employment Policies and proper regulatory and
institutional framework to utilize the services of expatriates. Unfortunately, Afghanistan has no
such policy so far.

foreign entrepreneurs or International Organizations invest, may employ the
concerned foreign staff and expatriates according to the provision of these
Statutes in line with the Afghanistan Private Domestic and Foreign Investment
Law. The ambiguity provides the opportunity to Work Permit Section to use it
prerogative to deny for the issuance of WP in some occupations.
The review of existing system reveals that three main ministries play their vital
roles in the issuance process of WP. Ministry of Foreign Affairs initially Issue the
Fax number enabling to receive visa, Interpol section of Ministry of Interior (MoI)
issue clearance, MoLSAMD issues the WP and then again foreign worker
approach to Ministry of Interior for multiple entry visa. Unfortunately, Articles 9 &
14 are silent to recognize/identify the role of Ministry of Interior. MoI controls the
immigration laws and also responsible to maintain the security in the country.
The MoI reviews the immigration laws and procedure of issuance of multiple
entry visa time to time as required in the interest of country in perhaps
consultation or on the direction of MoFA. It is also observed during the visit of
Ministry of Interior that ministry has recently amended the procedure in
consultation of Ministry of Foreign Affairs, for endorsing the multiple visa but not
conveyed officially to MoLSAMD. There is a lack of coordination among these
three main administrative ministries. It is also observed that no forum comprising
on these three main stakeholders, is available in the system to review the
procedure time to time. All three ministries are working in isolation.
It is further observed that there is no consistent and coordinated policy to extend
the Malty-Entry visa by the MoI. In most of the cases MoI endorse the visa less
or more than the valid period of WP. It should be according to the period mention
on WPC. Even the visa may be extended one month ahead than the period
mentioned on WPC enabling the WP holder to easily windup after the expiry of
contract.
The problem of illegal/unregistered foreign workers is reported in the country
which could be solved in coordination with MoI. The MoI may take the strict
measures in consultation of others two stakeholders and can make amendments
in immigration laws and can introduce heavy penalties/ imprisonment for
defaulters.
It is also noticed that Afghan embassies/ consulates are not fully aware/briefed
about the work permit system. In most of the cases the Afghan embassies/
consulates issue the tourist visas inspite of producing the offer / appointment
letters. It create problem for the foreign worker as MoLSAMD refuse to issue the
WP on such visas. The foreign workers in such cases have to go back to their

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