| Regulations and procedures on recruitment of foreign workers ranging from laborers to executive managers except for clerical and related workers, drivers, securities and related workers where locals are available are based on the following conditions:
* The Employer (company) must be legally registered with Legal Department Brunei Darussalam
* Before recruiting foreign employees, employers must have a Labor License issued by Commissioner of Labour Brunei Darussalam
* Approval of Employment Visa and Employment Pass must first be obtained from the Director of Immigration Brunei Darussalam by the employer for every foreign employee to be employed. |
Foreign managerial and expert personnel in positions cannot yet be filled by Indonesian nationals are allowed.
There are incentives regarding employment and stay of foreign workers for companies with export ratio of at least 85% |
Foreign investors shall give priority to Lao citizens in recruiting and hiring. They have the right to employ skilled and expert foreign personnel when necessary.
Foreign investors have the obligation to upgrade the skills of their Lao employees.
Under the Decree on the Business Law, Annex III, certain professions are closed to foreign workers. |
A company with foreign paid-up capital of less than US$ 2 million will be 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 qualification and practical experience, expatriates may be employed up to maximum period of ten 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.
Employment of other foreign workers is allowed in the construction, plantation, service (domestic servants, restaurants, hotel industry, trainers and instructors) and manufacturing sectors.
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).
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 be considered after efforts to find qualified local citizens and permanent residents have failed.
To ensure that foreign labour 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 RM 125 per month and workers in the agricultural sector are RM30 per month.
However, foreign workers (expatriates) who pay income tax are exempted from paying levy. |
In appointing personnel in an organisation formed under the Permit issued by MIC, preference shall be given to citizens, provided that the MIC may, if necessary, allow the appointment of experts and technicians from abroad.
An economic organisation formed under a Permit shall make arrangements for local and foreign training so as to ensure its local personnel proficiency in their work and promotion to higher ranks of services. |
Foreigners cannot be employed in areas where there is willing and able local personnel
No alien, disqualified under the Anti-Dummy Law, can intervene in the management, operation, administration or control of the business reserved to Filipinos except when said alien is a technical personnel whose employment is specifically authorized by the President of Philippines upon recommendation of the department head concerned.
Regarding the practice of licensed profession, foreigners may be allowed to practice in the Philippines provided the same treatment is accorded to Filipino professionals in the alien's home country under the principle of reciprocity.
BOI-registered companies may employ foreign nationals for supervisory, technical or advisory positions for a period not exceeding 5 years from its registration, extendible for limited periods at the discretion of the Board.
Majority foreign-owned BOI-registered companies may employ foreign nationals for President, treasurer and general manager positions beyond the period of 5 years.
Subic Bay Freeport enterprises may employ foreign nationals (any positions) upon prior approval of the Subic Bay Metropolitan Authority for a period of 5 years extendible from year to year
Foreign nationals entering into coal operating contracts and service with the government for exploration and development of oil and geothermal resources are likewise allowed to employ foreign nationals (any positions).
Foreign nationals under the Corporation Code may be employed as member of the Board of Directors by election to the Board. |
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Under the Investment Promotion Law, aliens are allowed to come to Thailand to conduct research in investment opportunities, or for other matters which might benefit investment. In this regard, the BOI will grant permission to stay in Thailand for not more than six months at a time
A promoted company will be allowed by BOI to bring in foreign personnel as skilled technicians and experts together with their families. The duration of one year at a time for the work permit will be allowed except for positions, which have been approved to work in the promoted company for more than two years.
However, BOI encourage the employment of Thai nationals as managers or technicians.
Recently, BOI set up a One-Stop Center to handle all aspects of visa extensions and issuance of work permit, including work permit extensions, issuance of reentry permits, and changes in type of visa to non-immigrant. The office is expected to be able to process extensions of visas and work permits within three hours, assuming all necessary supporting documents are provided. |
Enterprises with foreign owned capital and parties to a business co-operation contract shall have the right to recruit and employ labour in accordance with business requirements and must give priority to Vietnamese citizens, shall only recruit and employ foreigners for jobs which require a level of technical and management expertise which a Vietnamese citizen cannot satisfy but must train Vietnamese citizens as replacements. |
| Foreigners entering Brunei Darussalam to take up employment require Employment Pass which can be valid up to 2 years
Foreigners who come from countries which do not have Visa exemption arrangements with Brunei Darussalam must obtain Employment Visa before entry.
A foreign employees who are issued with Employment Pass with a validity of more than 3 months are required to register for Brunei Identity Card (Green). The validity of the Identity Card is based on the Employment Pass held and can be renewed upon extension of the Employment Pass.
Foreign employees are required to return to their countries of origin upon completion of their 2 years employment contract. |
The duration of the foreign expatriate's term to work in Indonesia is subject to Government regulation, based on expertise and the availability of an Indonesia to replace the expatriate position. The visa extension for a foreign expatriate is based on the extension of a working permit issued by the Regional Investment Coordinating Board concerned. The extension of the visa will be issued by the immigration office.
The RPTKA or Manpower Plan should be submitted to BKPM to secure visas within three months starting from the date of approval. |
All foreign investors and foreign employees must obtain work visas and work permits. |
Employment Pass is issued to any foreigner who enters the country to take up a contract of employment with a minimum period of two years. |
Allowed for foreign experts and technicians employed by the enterprises formed under the Permit issued by MIC. |
Working visas are required. |
Foreigners (excluding permanent residents) who intends to work in Singapore are required to obtain employment passes issued under Regulation 9 of the Immigration Regulations. Such applications should be made on the prescribed Form 8 and Annex A. The minimum salary level for an employment pass is S$2,001 with effect from 1 May 1996. Foreigners whose monthly salaries are S$2,000 or below should apply to the Ministry of Manpower, Work Permit Department for R passes or 2-year work permits. All applications must be sponsored by a company based in Singapore.
With effect from 1st September 1998, the Employment Pass (EP) function of the Singapore Immigration and Registration (SIR) under the Ministry of Home Affairs will be transferred to the Foreign Manpower Employment Division of the Ministry of Manpower. Thereafter, all matters pertaining to the employment of foreigners will be under the purview of the Ministry of Manpower. This would allow for better management of the employment of foreigners in Singapore.
There will be a new work pass framework encompassing the existing Work Permit (WP) and EP schemes. There will be 3 types of work passes under the new framework:
P passes for those who hold administrative, professional and managerial jobs, entrepreneurs and investors, as well as specialist talent such as world class artists and musicians;
Q passes for those skilled workers and technicians; and
R passes for those semi-skilled and unskilled workers (today's 2-year WP holders) whose employment shall continue to be subject to the full range of controls in place today for WP holders.
Existing EP and WP Holders
Existing EPs and WPs will continue to be valid. Holders of these passes will be informed by post to convert their passes to P, Q and R passes as and when their EPs or WPs are due for renewal.
Privileges granted earlier to EP and WP holders will also be retained on a personal-to-holder basis as long as they continue to work for the same employer. Whey they change employer, they will have to submit a fresh application for a P, Q and R work pass.
Profession Visit Passes
Professional visit passes are issued to foreigners permitted to engage in short term professional assignments/activities in Singapore eg. Speakers at seminars/ conferences. Relevant application forms are obtainable from the Singapore Immigration Head Office, I Visit and Visa Section (4th Storey), Singapore Immigration Building.
Business or Social Visit Passes
Foreigners intending to come to Singapore to attend Business negotiations/discussions are required to apply for Business Visit Passes; Applications are to be submitted to the Singapore Immigration Head Office, I Visit and Visa Section (4th Storey), Singapore Immigration Building. Information on Social Visit and other Visa applications are also obtainable from Visa section, Singapore Immigration Head Office. |
The Alien Occupation Law, adopted in 1973, requires all aliens working in Thailand to obtain a Work Permit prior to starting work in the Kingdom. The Work Permit will be valid only for the period of time that the alien's Non-Immigration Law. The Work Permit will be subject to renewal in accordance with the renewed or extended visa. The Labor Ministry will in principle grant an initial duration of one year for the Work Permit. A Work Permit must be renewed before its expiry date or it will automatically lapse. |
Work permit shall be granted by Ministry of Labour, Invalid and Social Affairs, based on approval of the Investment Licensing body.
Duration of Work Permit shall not exceed 3 years. |
