MSC Malaysia Bill of Guarantees
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Policy Objective
To realise the vision for Malaysia to be a major global ICT hub, the Government recognises the importance of human capital to meet the demands of the industry. |
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Interpretation
MSC Malaysia Status entities are expected to maintain a work force utilising a substantial percentage of knowledge workers, in view of the nature and demands of the ICT industry, and also because the presence of knowledge workers is consistent with Malaysia's long-term goal of enabling and sustaining productivity-driven growth of a knowledge-based economy.
An entity applying for MSC Malaysia Status is required to specify the number of knowledge workers (local and foreign) that it requires for the conduct of its MSC Malaysia qualifying activities. Such requirements are to be set out in the entity's business plan, which forms part of its application for MSC Malaysia Status.
An MSC Malaysia Status entity may employ such number of knowledge workers as indicated upon the grant of MSC Malaysia Status, subject to such amendments as may be subsequently approved, based on requests by the MSC Malaysia Status entity.
The process for employment of foreign knowledge workers is subject to requirements under the Immigration Act 1959/63 and the Immigration Regulations 1963. MSC Malaysia Status entities can make applications directly with the Immigration Department, or appoint MDeC to provide the relevant services.
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A "knowledge worker" is an individual who holds one of the following:
- Tertiary qualification from an institution of higher learning (in any field); or
- Diploma in multimedia / ICT or specialised ICT certification plus at least 2 years' relevant experience in multimedia / ICT or in a field that is a heavy user of ICT; or
- Professional, executive, management and technical work categories in information technology ("IT") enabled services eg. IT / IS Professionals, Finance / Accounting, Business Administration,
and also includes:
- In respect of companies falling within the Shared Services and Outsourcing cluster, foreign workers with knowledge-based skills that are not prevalent in Malaysia, required by MSC Malaysia Status companies.
- In respect of companies falling within the Creative Multimedia Content cluster, workers who are utilised for their creative talent to produce value-added creative work for MSC Malaysia Status companies.
MSC Malaysia Status entities are expected to employ these knowledge workers for roles that commensurate their expertise and experience.
Responsible Ministries / Agencies
- The Immigration Department, under the Ministry of Home Affairs.
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