Direct answer: "Licensed to recruit in Sarawak" is not one thing. There are three separate permissions, held by three different parties, checked by two different authorities: the agency's recruitment licence (JTKSWK), the employer's licence to employ non-resident workers (JTKSWK), and the worker's own pass (Sarawak immigration). An agency holding a valid licence does not mean your employer is licensed — and neither of them means your pass has been approved.
Updated 1 November 2026. Official sources: JTKSWK — Permohonan Lesen Agensi Pekerjaan Swasta and JTKSWK — Permohonan Lesen Penggajian Pekerja Bukan Pemastautin (both checked 1 November 2026).
Key Facts at a Glance
| Item | Fact |
|---|---|
| Who licenses recruitment agencies | JTKSWK (Jabatan Tenaga Kerja Sarawak), under the Private Employment Agencies Act 1981 (Act 246) |
| Who licenses the employer | JTKSWK, under Section 119, Labour Ordinance (Sarawak Cap. 76) |
| Who issues the worker's pass | Sarawak immigration (GENESIS: SANSOLS / HAVEN / PLKS) — not JTKSWK |
| Agency licence classes | A / B / C, and the class decides what recruitment work is allowed |
| Agency minimum capital | A: RM50,000 · B: RM100,000 · C: RM250,000 paid-up, with matching security deposits |
| Employer licence penalty | Fine up to RM50,000, or up to 1 year imprisonment, or both (s.130L) |
| Can you look a licence up online? | No public self-service register. The portal publishes licence applications and an enquiry form |
The three layers, and why mixing them up matters
| Layer | Who holds it | What it allows | Who issues it | Law |
|---|---|---|---|---|
| 1. Agency licence (APS) | The recruitment company | To carry out recruitment activity at all | JTKSWK | Private Employment Agencies Act 1981 (Act 246) |
| 2. Employer licence | Your employer | To employ non-resident workers in Sarawak | Director of Labour Sarawak (JTKSWK) | Labour Ordinance (Sarawak Cap. 76), s.119 |
| 3. Worker's pass | You | To work for that named employer in that role | Sarawak immigration | Sarawak immigration (MA63), via GENESIS |
A file can fail at any one of the three, and each failure looks different. An agency with Lesen C cannot fix an employer who has no s.119 licence. An employer with a valid s.119 licence cannot issue your pass. And nobody at JTKSWK approves your PLKS.
Layer 1: the agency's licence (APS)
An APS is a corporate body — a company incorporated under the Companies Act 2016 (Act 777) — licensed under Act 246 to carry out recruitment activity. It must obtain the licence from JTKSWK before it does any recruitment work.
Keep the two laws apart, because people mix them up constantly:
- Act 777 (Companies Act 2016) only tells you the company legally exists.
- Act 246 (Private Employment Agencies Act 1981) tells you whether it is allowed to recruit.
Holding one says nothing about the other. A perfectly registered Sdn Bhd with no Act 246 licence is still not allowed to place a single worker.
The class of licence is not cosmetic. It defines what the agency is allowed to place:
| Class | What it covers | Paid-up capital | Security deposit |
|---|---|---|---|
| Lesen A | Placement of job seekers within Malaysia | RM50,000 | RM5,000 |
| Lesen B | Placement within and outside Malaysia, plus foreign domestic services within Malaysia | RM100,000 | RM100,000 |
| Lesen C | Placement within and outside Malaysia, plus non-citizen workers within Malaysia | RM250,000 | RM250,000 |
Two practical consequences:
- An agency placing foreign workers into Malaysia needs the class that covers non-citizen workers. A Class A agency doing that work is outside its licence, whatever its reputation says.
- The capital and deposit figures are a filter, not a guarantee. They tell you the state required real money behind the licence. They do not tell you the agency is good at its job.
A licence is held by a company, never by an individual salesperson. When someone shows you a licence, look at whose name is on it.
Layer 2: the employer's licence
This is the layer workers almost never hear about. Under Section 119 of the Labour Ordinance (Sarawak Cap. 76), an employer who wants to employ non-resident workers in Sarawak must first obtain a Lesen Menggaji Pekerja Bukan Pemastautin from the Director of Labour Sarawak.
- Penalty for not having it: a fine not exceeding RM50,000, or imprisonment not exceeding one year, or both, on conviction under s.130L.
- Who is covered under the s.2 definition: manual workers regardless of salary, and non-manual workers earning up to RM2,500.00.
So a Sarawak employer cannot simply decide to hire you and file the immigration paperwork. There is a labour-side licence that has to exist first. If an employer has never mentioned it, that is worth asking about — politely, but early.
Note the boundary: the s.2 definition is about which workers the Ordinance protects. It is not a salary threshold below which immigration approval is optional. Immigration approval applies regardless of your pay.
Layer 3: your pass
The pass — PLKS for general and skilled workers, or the equivalent under the professional route — is issued through Sarawak's own immigration system on GENESIS, not by JTKSWK. That process is employer-driven: SANSOLS for general and skilled workers, HAVEN for a foreign domestic helper, EXPRT for professional/employment pass roles, with eVDR as the entry visa where your nationality needs one.
JTKSWK's role in your life is the labour side: the employer's licence, the agency's licence, and labour complaints. Immigration's role is the pass. Two different counters, two different laws.
So how do you actually check an agency?
As at 1 November 2026, the JTKSWK portal publishes:
- a licence application service for private employment agencies (
Permohonan Lesen Agensi Pekerjaan Swasta); - a licence application service for employers (
Permohonan Lesen Penggajian Pekerja Bukan Pemastautin); - a general enquiry form, plus headquarters and divisional office contacts.
What it does not publish is a public, self-service licence register you can search by company name. If anyone tells you "just check the JTKSWK website", they are describing something that is not there.
In practice, verification goes through the department:
- Ask the agency for its licence number and class — in writing, on company letterhead.
- Check that the company name on the licence matches the company you are actually dealing with, and that the class covers the work being done.
- Where it matters — a large placement, a fee, a contract — confirm the licence with JTKSWK directly through its published enquiry channel or a divisional office, rather than relying on a screenshot.
A screenshot proves someone has a screenshot. It does not prove a licence.
Red flags worth acting on
- An agency that cannot state its licence class, only "we are licensed".
- A licence in a different company's name from the one invoicing you.
- An agency offering to "arrange everything" with no employer named — the employer is the licence holder in Layer 2, so an unnamed employer means Layer 2 does not exist.
- An employer who says the labour licence is "not needed, the agent handles it". The agent cannot hold the employer's licence.
- Any promise of approval, a timeline, or a guaranteed outcome. None of the three layers is decided by the person selling you the service.
If you are the employer
Two licences, in this order: your own s.119 licence to employ non-resident workers, and only then the immigration file on GENESIS. If you engage an agency, confirm it holds the class that covers non-citizen placement — and keep your own licence in your own name, because that is the one the labour side will ask for.
If you are the worker
Your protection is documentation. Keep, in one folder: the employer's name and address, the agency's licence number and class, your contract, and every receipt. If something goes wrong later, that folder is the difference between a complaint that can be investigated and one that cannot.
Frequently asked questions
Does a licensed agency mean my application is safe? No. It means the company may legally do recruitment work. It says nothing about your employer's licence, your documents, or your pass.
My agent has "Lesen A". Can they place me as a foreign worker in Sarawak? Lesen A covers placement of job seekers within Malaysia. Placing non-citizen workers within Malaysia is covered by Lesen C. Ask which class the licence is, and ask for it in writing.
Is there a website where I can search an agency by name? Not as at 1 November 2026. JTKSWK publishes licence applications and an enquiry channel, not a public searchable register. Verify through the department.
My employer says they don't need a labour licence because the agent handles it. The s.119 licence belongs to the employer and is issued to the employer. An agent cannot hold it on the employer's behalf.
I earn more than RM2,500 — does the s.119 licence still apply to my employer? The s.2 definition covers manual workers regardless of salary and non-manual workers up to RM2,500. Whatever your salary, immigration approval for the pass is separate and still applies.
Who do I complain to if an agency takes my money and does nothing? Labour complaints go to JTKSWK. If the issue is your pass or your immigration status, that is Sarawak immigration. They are separate channels and the complaint has to go to the right one.
How do I check whether an employment agency is licensed? JTKSWK licenses private employment agencies. A licence is held by a company, never by an individual, carries a class (A/B/C) and a licence number, and can be confirmed with the department.
How we fit in
AUSVJ is based in Miri, Sarawak, and we work on files rather than licences. What we do is check that the three layers actually line up before money moves or documents are submitted: that the agency's licence class matches the work being done, that the employer's side exists in the employer's own name, and that the immigration file is consistent.
We are not JTKSWK and we are not the immigration department. We cannot verify a licence on the department's behalf, we cannot issue a pass, and we cannot promise an outcome. When a licence needs confirming, we tell you to confirm it with JTKSWK — and we tell you exactly what to ask.
Sources:
- JTKSWK, Permohonan Lesen Agensi Pekerjaan Swasta — APS definition, licensing obligation, and the Class A / B / C table with paid-up capital and security deposit (checked 1 November 2026)
- JTKSWK, Permohonan Lesen Penggajian Pekerja Bukan Pemastautin — Section 119, Labour Ordinance (Sarawak Cap. 76); penalty under s.130L; worker categories under s.2 (checked 1 November 2026)
- Private Employment Agencies Act 1981 (Act 246); Companies Act 2016 (Act 777)
- GENESIS Sarawak (
genesis.sarawak.gov.my) — SANSOLS / HAVEN / EXPRT / eVDR, the immigration layer - Sarawak immigration administered under the Malaysia Agreement 1963 (MA63)
Related Guides
- Sarawak Work Permit 2026/2027: the applicant's guide — what the worker has to produce
- Sarawak Work Permit 2026/2027: requirements and process — the employer's side of the file
- SANSOLS Sarawak: foreign worker application guide — the immigration route for general and skilled workers
- Sarawak PLKS: application, collection and renewal — the pass itself
- Sarawak Employment Pass via EXPRT — the professional route
