Worker Abscondment Sarawak: Employer Guide

Abscondment — when a foreign worker leaves their employment without notice — is a serious issue that affects employers, workers, and the immigration system. Here is what employers need to know about their obligations and how to reduce the risk.

What Counts as Abscondment?

A foreign worker is considered to have absconded when they:

• Leave the workplace without notifying the employer — with the intention of not returning
• Do not return to the workplace — after travelling back to their home country (e.g., after leave)

What Employers Must Do

If a foreign worker absconds, employers are required to notify the Immigration Department. This is not optional — failure to report can result in penalties for the employer.

The report must be made within 30 days. To make the report, you will need to provide:

• Letter of application to cancel the worker's pass
• Identification document of the employer or company representative (IC copy)
• Copy of the foreign worker's passport
• Completed Foreign Worker Abscondment Report Form (issued by the Immigration Department)
• A valid police report

The employer or representative must appear in person at the State Immigration Office to submit the documentation. Report the abscondment as soon as possible — while the statutory limit is 30 days, delays can complicate matters and may raise questions about the employer's own compliance.

Consequences for the Worker

Workers who abscond face serious consequences:

• Blacklisted — The Immigration Department will blacklist the worker, preventing future entry into Malaysia
• Security bond confiscation — The security bond posted for the worker will be forfeited
• Undocumented status — The worker loses their legal right to be in the country and may face arrest and deportation
• Loss of protections — Without valid documentation, the worker has no access to healthcare, insurance, or legal recourse

Consequences for Employers Who Don't Report

Employers who fail to report abscondment may face scrutiny from the Immigration Department. If an absconded worker is found elsewhere and the employer has not filed a report, it raises compliance questions. Employers may face difficulty getting approvals for future foreign worker applications.

How to Reduce the Risk of Abscondment

While abscondment cannot always be prevented, employers can take steps to reduce the risk:

• Provide fair working conditions — Workers who are treated well, paid fairly and on time, and housed in decent conditions are far less likely to abscond.
• Set clear expectations from the start — Ensure workers understand their contract, working hours, rules, and what is expected of them before they begin work.
• Proper onboarding — Help workers adjust to their new environment. Language barriers, homesickness, and culture shock can all contribute to abscondment.
• Open communication — Create channels for workers to raise concerns or grievances. Workers who feel heard are less likely to leave without notice.
• Regular check-ins — Monitor worker welfare through regular check-ins, especially in the first few months after arrival.
• Never confiscate passports — Holding another person's passport without lawful authority is an offence under the Passports Act 1966 (Act 150). Passport confiscation can also constitute an element of human trafficking under ATIPSOM (Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007).

The Role of Post-Placement Support

A good employment agency does not stop at placement. Post-placement support — including worker welfare checks, mediation for workplace issues, and ongoing communication — helps identify and address problems before they escalate to the point of abscondment.

Frequently Asked Questions

References

• Malaysian Immigration Department — Foreign Worker — Abscondment reporting requirements and procedures
• Passports Act 1966 (Act 150) — Offences relating to passport confiscation
• Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 (ATIPSOM) — Human trafficking provisions
• Immigration Act 1959/63 (Act 155) — Part VII (Sabah and Sarawak provisions)

Sources

1. GENESIS — Gateway and Employment for Non-Sarawakians via Sarawak's Integrated System: Sarawak's official immigration platform for foreign worker management and reporting. genesis.sarawak.gov.my