Authentication By The Embassy Of The People’s Republic Of China ("Embassy")
In accordance with international practice and the consular, the purpose of authentication is to ensure that notarial deeds issued in one country can be acknowledged by relevant authorities in another country. If a deed is authenticated by the Embassy, then such authenticated deeds shall have its due legal effect and the authenticity of the seal or signature on the deeds shall not be doubted.
Based on the common industrial practice in handling the authentication of documents together with our previous experience and information obtained from the relevant authorities:
- 3 to 7 working days, subject to the length and complexity of the contents of the documents for translation of the documents by a Certified Court Interpreter/Translator (if the document to be authenticated is not in Chinese or English language).
- 1 to 2 working days for notarisation of the documents by Notary Public.
- 1 to 2 working days for authentication of the documents by the Consular Division, Ministry of Foreign Affairs in Malaysia.
- 4 working days upon submission and subject to all required documents being provided for authentication of the documents by the Embassy.
Total: 9 to 15 working days (approx.)
- The above procedures and time period apply to authentication by the Embassy only. The requirements for the authentication of documents may vary country by country.
Some judicial document or government issued document such as court decree, birth certificate, death certificate, marriage certificate, and single status affidavit does not need to be notarized. A certified copy of this kind of document should be obtained and submitted directly to Ministry of Foreign Affairs of Malaysia for legalization.
- Complete and sign the Application Form of Consular Legalization of the Embassy/Consulate of the People’s Republic of China.
- A photocopy of the photo/information page of the applicant’s passport. A photocopy of the permanent resident card, study permit or work permit, if the applicant is not a Malaysian citizen.
- If an applicant has entrusted someone else to submit the application on his/her behalf, the original and a photocopy of both the entrusted person’s and the applicant’s passport or IC (For non-Malaysia citizen, a permanent resident card or study/work permit) should be provided.
- *For special cases, authorization letter from the applicant should be provided, i.e. Entrusted person should provide letter of authorization from his agency and his/her passport or IC with photos in order to submit the application.
- If the document is of a company or an organization, a photocopy of the passport or ID (and a permanent resident card or study/work permit, if applicable) of the company’s legal representative, an official company document that can prove the person’s legal representative status, business license and change of company name (if applicable) should be submitted.
- The original and photocopy of the documents to be authenticated after been legalized and authenticated by the Notary Public and Malaysia Ministry of Foreign Affairs or its authentication authorities.
- Other documents which the Embassy or Consulate General considers as necessary.
- The document with more than one page must be properly bound as a volume to avoid any substitution. Sealing wax, eyelet and paging seal should be applied to ensure the integrity of the documents.
For more information on the authentication of documents by the Embassy of the People’s Republic of China, please visit https://www.visaforchina.org/KUL_EN/index.shtml
Issues relating to e-commerce transactions
No. If you set up online business without registration, any purchase and selling activity related to your products will be considered illegal and you are unable to claim your rights in case of fraud and corruption because your business has no shelter.
You need to register your business with Suruhanjaya Syarikat Malaysia (SSM) whether as sole proprietor, partnership or company. You will be required to fill up registration form containing relevant information including the business name, commencement date of business, principal place of business, address of the branch (if any), information of owner and partners, type of business carried out. For business names other than the name contained in your NRIC, you may need to get prior approval from Registrar of Business. You may visit any SSM branches to register your business.
Yes, you may file your claim with the Tribunal for Consumer Claims Malaysia (TCCM) provided your complaints fall under the scope of Consumer Protection Act which among others, includes claim for misleading and false misrepresentation, safety of goods, unfair contract terms and guarantees for supply of goods. The CPA has effect on any contract terms which applies the law of another country.
The tribunal has jurisdiction in respect of any claim not more than RM25,000 filed within 3 years of the dispute but the tribunal has no jurisdiction on the following claims:
[a] claims arising from personal injury or deaths; [b] claims for recovery of land or interest in land; [c] claims where title of the land is disputed; [d] dispute concerning entitlement of person under will; [e] goodwill or any chose in action (rights under an assignment]; [f] trade secret or intellectual property.
You may file your claim in the Tribunal if parties enter into agreement in writing that the Tribunal shall have jurisdiction to hear the claim. The agreement is to be made before filing of a claim in the Tribunal. If claim has been filed before you enter into such agreement, you may still enter into such agreement before the Tribunal records any agreed settlement. You must be prepared to abandon the amount of claim in excess of the limit of RM25,000. The award by the Tribunal in any event would not exceed the limit of RM25,000.
You may file a claim in the Tribunal by filing Form 1. The form is available free of charge from all tribunal branches or you can download from e-Tribunal portal at https://www.kpdnkk.gov.my/kpdnkk/wp-content/uploads/2017/04/Borang_1.pdf
No lawyers are allowed to represent either of the parties but you may have your family members or friends to assist you.
You have to serve your claim on the trader and both parties are required to attend a hearing of the claim on the date fixed by the Tribunal. You may visit the Minister of Domestic, Trade, Cooperatives and Consumerism website at https://www.kpdnkk.gov.my/kpdnkk/prosedur-pemfailan-dan-pendaftaran/ for further details.
The trader may contact you to either explain the dispute or to propose settlement. If there is no settlement, the trader would file his defence within 14 days after been served with your claim. A format of a defence is in Form 2 which can be downloaded at https://www.kpdnkk.gov.my/kpdnkk/wp-content/uploads/2017/04/Borang_2.pdf
You would gather all relevant information and your witness who supports your case to testify during the hearing. The parties would be required to present the facts of the case. After hearing the case, the tribunal will issue an award based on assessment of the facts and the law involved. Parties are to comply with the awards, otherwise it becomes a criminal offence under the Consumer Protection Act. You may also make a complaint of any non-compliance of an award with the Enforcement Division of Ministry of Domestic, Trade, Cooperatives and Consmerism.
Right to transfer an employee by an employer
Yes, generally the right to transfer an employee from one to another department or from one post to another post is the prerogative of the management. Nevertheless, an employer has to be careful when exercising its right to transfer an employee. The power to transfer is subject to the following restrictions:
- There is nothing to the contrary in the terms of employment.
- The management has acted bona fide and in the interest of its business.
- The management is not actuated by any indirect motive or any kind of mala fide.
- The transfer is not made for the purpose of harassing and victimizing the employee.
- The transfer does not involve a change in the conditions of service
No. The right to transfer is an implied right of an employer.
Circumstances vary on facts of each case. Common examples include transfer of a job function to another job function, such as from managerial to executive position, a change of reporting personnel where instead of reporting to the chief executive officer, you are now required to report to the sales manager, a transfer from a company in service industry to another organization in different industry which you will not be suited.
Yes, an employee may refuse to be transferred if he/she is able to show that (1) the transfer is contrary to the terms of employment or (2) the transfer is not made in good faith.
As long as you can prove the transfer falls under any of the circumstances above and you were dismissed as a result of that, the dismissal would amount to unfair dismissal without just cause and excuse.
An employer has to be careful when exercising its right to transfer an employee to another organization. This is especially so if the transferee company is not within the essential unity of group enterprise, for example, where it has no inter-dependence or community of financial control, functional integrality, unity of management and control as well as community of manpower, including:
- There was no common senior management.
- There was no evidence that employees within the group were transferrable from one company to another within the group.
- There was no evidence of functional integrity (functional inter-dependence of the nature that one company cannot exist conveniently and reasonable without the other company and were inter-dependent).
- There was no inter-dependence or community of financial control between the companies and no evidence of mixing-up of capital or distribution of capital amongst the Group.
- The Employer and the transferee were involved in different industries and there was no unity of purpose between the companies in the Group.
In such circumstances, consent of the employee is required for the transfer.
No, if your employer dismisses you as a result of your refusal to be transferred to another entity which has no link to the employer, that would amount to dismissal without just cause and excuse.
File your representation to the office of Director General of Industrial Relations (DGIR) under Section 20(1) of the Industrial Relations Act 1967 within 60 days from the date of dismissal. You may refer to our Legal Template section under Empower for the representation form. For more information, you may contact us at email@example.com.
Divorce Proceedings & Related Claims
Yes, provided that your marriage is registered or deemed to be registered in Malaysia.
In a joint divorce petition, both parties mutually agree to dissolve their marriage with agreed arrangements pertaining to matters relevant in the family such as children, assets and maintenance payments. There is no requirement to obtain a tribunal certificate before filing of a joint petition. Whereas single petition refers to a petition where parties have not mutually agreed to dissolve their marriage and/or there is no agreement as to the terms of dissolution of marriage. Prior to filing of a single petition, both parties are required to undergo a conciliatory process.
The conciliatory process is conducted by a conciliatory body, usually the marriage tribunal under the purview of the National Registration Department.
Parties usually refer to the marriage tribunal in the area they are residing.
They are required to refer to the marriage tribunal for the area where the parties have last resided together.
Yes, it is compulsory for both parties to attend the conciliatory process unless a Court order for dispensation from attendance is obtained.
More than 6 months from the date of reference to the marriage tribunal.
If at the end of the conciliatory process, the tribunal is unable to resolve the issue between the parties or persuade parties to reconcile their marriage, a certificate shall be issued by the tribunal. The party who wishes to file single petition may then produce the certificate when filing the single petition in Court.
You may ask for sole custody, care and control of your children. If the Court is of the view that it is in the best interest of the children that you have sole custody, care and control of the children, the Court may allow you to have sole custody with order of access to children be given to the other parent on terms stipulated by the Court, unless parties have consent to the arrangement on access.
No, you may file an application for custody of your children, irrespective of whether or not you have filed your petition for divorce.
Yes, especially if you are not financially independent. The Court will usually order a maintenance sum based on the means and needs of the parties.
The responsibility of parents to pay maintenance for children ends once the children attains the age of 18.
Yes, especially if you not financially independent. The Court will usually order a maintenance sum based on the means and needs of the parties. The Court will take into consideration of the degree of responsibility of each party which contributes to the breakdown of the marriage. Your husband is only liable to pay the spousal maintenance until your re-marriage or if you live in adultery with any other person.
In granting decree nisi, the Court will order division of the matrimonial assets both jointly and solely owned by the parties based on their respective direct and indirect contribution towards acquiring the assets.
You shall be considered divorced once the decree nisi is made absolute, approximately 3 months from the date of the decree nisi
Foreign workers from Immigration Law Perspective
The main applicable legislations are, inter alia, as follows:
- Employment Act 1955 (Act 265) 雇用法1955 （Act265）
- Industrial Relations Act 1967 (Act 177) 产业关系法1967 （Act177）
- Workmen’s Compensation Act 1952 (Act 273) 工人赔偿法1952 （Act273）
- Immigration Act 1959/63 (Act 155)移民法 1959/63 （Act155）
- Employment (Restriction) Act 1968 (Act 353); and 雇用（限制）法1968 （Act353）
- Employment (Restriction) (Employment Permit) Regulations 1969 雇用（限制）(就业许可证）条规1969
There are two stages in an application for Employment Permit/Pass, namely: (1) application for a post and (2) application for employment pass.
Stage 1: Application for a Post
The first stage is for a company to submit its application for expatriate posts. There are six authorized bodies or agencies appointed by the Malaysian Government to evaluate and approve the expatriate posts and they are:-
- 马来西亚产业发展部Malaysian Industrial Development Authority (MIDA) Expatriate post in the private sector in the fields of manufacturing company which is involved in expansion plans, manufacturing related services, hotel and tourism industry and research and development sector.
- 多媒体发展部Multimedia Development Corporation (MDeC) Expatriate post and skilled foreign worker in information technology based companies with Multimedia Super Corridor (MSC) status.
- 公共服务部门Public Service Department (PSD) Doctors and nurses working in government hospitals or clinics, lecturers and tutors employed in government institutions of Higher Education (IPTA), contract posts in public services and recruitment process jobs offered by the Public Service Commission (SPA) or government related agencies.
- 马来西亚中央银行Central Bank of Malaysia (BNM) Expatriate posts in the banking, finance and insurance sectors
- 证劵委员会Securities Commission (SC) Expatriate posts in securities and share market; and
- 外籍员工职务申请委员会Expatriate Committee (EC) Expatriate posts in private and public sectors other than those under MIDA, MDeC, PSD, BNM and SC’s jurisdiction.
An employer may not employ a non-citizen unless the non-citizen is issued with a valid employment permit. Any person who fails to comply shall be guilty of an offence and upon conviction can be liable to a fine not exceeding RM5,000 or to imprisonment for a term not exceeding one year or both. (Section 5 and 18(1) of Employment (Restriction) Act 1968).
Any person who employs one or more persons not in possession of a valid Pass shall be guilty of an offence and upon conviction be liable to a fine between RM10,000 to RM50,000 or imprisonment for a term not exceeding 12 months or to both. (Section 55B(1), Immigration Act 1959/63).
Where an employer employs more than 5 of such employees, the employer shall on conviction be liable to imprisonment for a term not exceeding 6 months but not exceeding 5 years. The employer shall also be liable to whipping of not more than 6 strokes. (Section 55B(3), Immigration Act 1959/63).
Where a body corporate commits the offence of employing illegal foreign workers, the member of the board of directors, manager, secretary or a person holding similar capacityat the time of the offence, shall be guilty of offence and be liable to the same punishment as the body corporate (Section 55(B)(5), Immigration Act 1959/63).
After you have received approval of the expatriate posts by the above approving agencies, a company proceeds to Stage 2 to submit an application to the Immigration Department for an employment pass for the foreign national concerned. Once the Employment Pass has been issued and endorsed, the expatriate can be hired and employed.For more information relating to the application, you may refer to http://www.imi.gov.my/index.php/en/pass.html?id=228.
Employment Pass. An employment pass is issued to the expatriate to enable him to stay and work legally in Malaysia. Before the employment pass can be issued, the employment of the foreign worker must be approved by the Expatriate Committee or the relevant regulatory agency. An employment pass is valid for a period of not exceeding two years.
Temporary Employment Pass. A temporary employment pass is for unskilled or semi-skilled workers in the manufacturing, agriculture, construction and services fields.
Professional Visit Pass. Issued to foreign nationals who remain employed by the company in the home country are required by a Malaysian company to provide certain services.
No occupier (including an employer) shall permit any illegal immigrant to enter or remain at any premises. Upon conviction, the occupier shall be liable to a fine of not less than RM5,000 but not more than RM30,000 or imprisonment for a term not exceeding 12 months or to both for each illegal immigrant found at the premises (Section 55E(2), Immigration Act 1959/63).
Where an employee has been convicted of the same offence previously, the employer shall be liable to a fine of not less than RM10,000 but not more than RM60,000 or to imprisonment of 2 years or to both for each illegal immigrant found at the premises.
Where the offender is a body corporate, a member of the board of directors, a manager, a secretary or any person holding office of a manager or secretary when the offence was committed, shall be guilty of an offence and be liable to the same punishment as the body corporate (Section 55E(6), Immigration Act 1959/63).
The employer who employs or harbors the illegal workers will have to bear all expenses for removing the illegal non-citizens. The employer shall also be required to reimburse the Government of all expenses incurred in detention and maintenance of that person pending deportation.