AskLegal.my

Malaysia's New Employment Pass Salary Rules: What Workers and Employers Must Check

8 min read · Published · Verified

Organised office desk with stacked papers, folders, pens and a computer mouse

About this guide: The current legal framework is explained here in general. Small factual differences, documents and timing can change the answer in a real case.

Malaysia's revised Employment Pass policy has applied to applications received on or after 1 June 2026, including renewals. The official thresholds are RM20,000 and above for Category I, RM10,000 to RM19,999 for Category II, and generally RM5,000 to RM9,999 for Category III; Category III in manufacturing and manufacturing-related services uses RM7,000 to RM9,999. The test is basic salary, not allowances. An unexpired pass holder need not reapply merely because the policy changed, but a later renewal must meet the revised policy. Employers should check the official category and submission date rather than relying on an old approval or total-pay figure.

Why this matters

The Expatriate Services Division of the Immigration Department announced the revised policy in January and brought it into effect on 1 June 2026. It says every new or renewal Employment Pass application submitted from that date must meet the new requirements. Category I now starts at RM20,000 a month, Category II covers RM10,000 to RM19,999, and the general Category III range is RM5,000 to RM9,999. The Home Affairs Ministry's official release sets a higher RM7,000 floor for Category III in manufacturing and manufacturing-related services.

The updated official FAQ adds the details that matter at renewal. Salary means basic salary only; allowances and other payments are excluded. A person whose pass remains valid does not submit a fresh application solely because the policy changed. However, a renewal submitted after 1 June is assessed under the revised policy, and it may be filed up to three months before expiry. A complete application received before 1 June remained under the former policy, subject to the stated transition rules for returned or appealed applications.

Independent updates from KPMG in Malaysia and Envoy Global separately reported the effective date, salary bands and new duration framework. Their reports are useful confirmation, but the controlling practical source for an application is the current official ESD or approving-agency guidance. Employment Pass processing can involve a sector regulator as well as Immigration, so a company should not treat a general table as approval of a particular role.

An Employment Pass category is an immigration permission, not simply a label selected in an employment contract. The application must fit the official salary band and the applicable agency's requirements. Under the updated FAQ, only basic salary counts toward the threshold. A package that reaches RM10,000 only after housing, travel, bonus or other allowances therefore does not necessarily satisfy the Category II salary test. The employer should reconcile the signed contract, payroll structure and amount entered in the application before submission.

The policy also introduces maximum expatriate-employment periods. The official materials state up to 10 years for Categories I and II and up to five years for Category III, with a succession plan for Categories II and III. The FAQ says the duration calculation is tied to the employing company from 1 June 2026; a change of employer starts from employment with the new company, while a change of pass category starts from issuance of the new category. It also says companies may apply for periods of up to 60 months. The overall ceiling is not a promise that one pass will be issued for the full period.

A succession plan is the employer's structured plan to prepare local employees to take over the expatriate role. The official FAQ describes identifying the role, training and mentoring, knowledge transfer, a realistic readiness timeline and operational-continuity planning. This is more than writing a Malaysian employee's name in a form. The supporting records should match the actual position and proposed duration because future applications may be affected where the plan is not implemented.

The change does not by itself rewrite a worker's current salary, terminate an employment contract or extend immigration permission. Contractual rights, payroll obligations and immigration eligibility are separate questions. If a renewal cannot meet the policy, the parties should not assume that an allowance can be relabelled after the event or that work may continue after the existing pass expires. They need a lawful employment and immigration plan before that date, with individual advice where termination, relocation or a contractual variation is proposed.

Category III has several specific changes. The updated official FAQ says the former minimum-salary exemption application and cooling-off period no longer apply after implementation. It also says dependant eligibility follows the policy attached to the pass application: a Category III pass issued under an application before 1 June remains under the earlier restriction, while applications submitted from 1 June are subject to the revised policy. This makes the application and issuance dates important evidence for the worker's family planning.

How does this impact me?

If you hold a valid Employment Pass, first record its category, employer, position, issue date and expiry date. Then ask the employer when it intends to submit the renewal and which approving agency supports the role. Do not resign or make travel decisions merely because your basic salary is below a new band while the existing pass remains valid; the official FAQ says no immediate resubmission is required solely due to the policy change.

Before a renewal, compare the monthly basic-salary clause with the official threshold for the correct category. Keep allowances, reimbursements and bonuses in a separate column because the FAQ excludes them from the salary test. For Category III, establish whether the company is in the general band or qualifies as manufacturing or manufacturing-related services under the official document criteria. Ask for any proposed contractual variation in writing and read its wider effect before agreeing.

Employers should calendar the three-month renewal window, verify the latest agency checklist and prepare the succession-plan evidence for Category II or III rather than waiting for an application to be returned. Keep the complete submission receipt. A returned application, a new application and an appeal can have different timing consequences; use the current portal notice for the actual case instead of relying on the expired pre-June transition dates.

Where a renewal is uncertain, both sides need a contingency plan that respects the existing pass expiry and the employment contract. Clarify payroll, notice, accrued benefits, relocation and dependant-pass consequences early. The policy table answers the immigration salary question; it does not decide a disputed dismissal, a promised salary increase or every sector-specific approval issue.

Key lessons

The practical lesson is to separate basic salary from total compensation. Immigration eligibility is assessed using the definition in the official FAQ, while workplace discussions often use a larger package figure. A one-page reconciliation can prevent an avoidable mismatch between the contract, payroll and pass application.

A second lesson is that an effective date does not cancel every existing approval overnight. The revised policy attaches to applications received from 1 June, and the FAQ preserves a still-valid pass until its normal next step. That distinction gives employers and workers time to plan, but not permission to ignore the renewal standard.

Finally, the headline salary bands are only the front door. Category, sector, maximum duration, succession planning, dependant eligibility and the supporting agency still matter. The safest decision is based on the current official record for the particular application, not a screenshot of an old salary table.

Bottom line

Malaysia's revised Employment Pass rules are already being applied, but they operate at the application stage rather than automatically cancelling valid passes. Check the correct category, qualifying basic salary, sector, submission date and succession-plan duty before renewal. Preserve the portal receipt and existing approval, and resolve any employment-contract consequences separately and before the pass expires.

What can I do if this happens to me?

  • Save the current pass, approval letter, employment contract and latest payslips, recording the category, position, employer, issue date and expiry date.
  • Compare basic salary alone with the current official category band; do not count allowances, reimbursements or bonus toward the threshold.
  • Confirm the approving agency and whether Category III uses the general band or the manufacturing and manufacturing-related-services band.
  • Calendar the permitted renewal window and retain proof of the complete submission, return, resubmission or appeal through the official system.
  • For Category II or III, prepare a genuine succession plan with roles, training, knowledge transfer, timeline and continuity evidence.
  • Obtain individual employment and immigration advice before changing salary, ending employment, relocating dependants or allowing a pass to expire.

FAQ

Does an existing Employment Pass become invalid if its salary is below the new threshold?

Not merely because the policy changed. The official updated FAQ says a holder whose pass is still valid does not need to submit a new application. A renewal application received after 1 June 2026 is subject to the revised policy, so the employer should plan before the current expiry date. Other cancellation or employment events can still affect a pass and need case-specific checking.

Can allowances be counted to reach the Employment Pass minimum salary?

The official FAQ says the salary requirement is based on basic salary only and excludes allowances or other payments. Compare the basic-salary clause and payroll figure with the relevant category band. Do not assume that a total package or a one-off payment cures a shortfall.

What are the revised Employment Pass salary bands?

Category I is RM20,000 and above; Category II is RM10,000 to RM19,999; and Category III is generally RM5,000 to RM9,999. The official Home Affairs release sets RM7,000 to RM9,999 for Category III in manufacturing and manufacturing-related services. The correct sector and agency must still be verified.

Is the maximum duration the same as the length of the next pass?

No. The official framework gives overall employment periods of up to 10 years for Categories I and II and up to five years for Category III, while the updated FAQ says companies may apply for periods up to 60 months. Approval and actual pass length remain subject to the application and relevant agency requirements.

Can every Category III holder now bring dependants?

The updated FAQ ties the change to the application date. Category III applications submitted from 1 June 2026 are subject to the revised policy, which permits dependants. A Category III pass issued under the earlier policy remains subject to the former restriction, so check the pass and application record rather than the calendar alone.

This article is general legal information, not legal advice, and reading it does not create a lawyer–client relationship.

This article provides general Malaysian employment-pass information verified on 17 August 2026. It is not immigration, employment or contractual advice and does not guarantee approval, renewal, pass duration, dependant eligibility or an exemption. Sector regulators and Immigration may require additional documents, and a policy rule does not decide an individual salary, dismissal or relocation dispute. Check the current official portal for the exact application and obtain qualified advice before changing employment or immigration status.

Spot something outdated or wrong? Tell us — we’ll verify and correct it.

Key sources (4) — how this was verified