Foreign employment entrepreneurs in Nepal have argued that the new policy being implemented by the Malaysian government for Nepal and four other countries is against Nepal’s Constitution.
Recently, Malaysia introduced new standards for recruitment companies in Nepal, India, Bangladesh, Pakistan, and Myanmar — stating that only companies meeting those criteria will be allowed to send workers. Nepali entrepreneurs have rejected this move, calling it unconstitutional and discriminatory.
According to Nepal Association of Foreign Employment Agencies (NAFEA) President Bhuvan Singh Gurung, a meeting of the association concluded that the policy contradicts Nepal’s constitutional right to equal business opportunity. He questioned why Malaysia imposed the rule only on five of the 15 labor-sending countries.
Gurung said, “This rule appears to be influenced by middlemen trying to intimidate genuine businesses. The Nepal government must immediately take diplomatic steps to have it withdrawn.”
Malaysia’s Ministry of Human Resources has sent a letter to the Nepal government requesting a list of manpower companies by November 15, 2025, that meet specific standards. These include:
- Holding a valid license for at least five years
- Having deployed at least 3,000 workers in the last three years
- Experience in sending workers to at least three countries
- Owning a permanent office of 10,000 sq. ft. operating for at least three years
- Possessing valid ethical and legal certifications
- Having five written testimonials from international employers
- Operating a training and evaluation center with accommodation facilities
Gurung stated that Nepal’s Constitution guarantees the right to conduct business equally, and Malaysia’s restrictions curtail this freedom.
“We are licensed under Nepal’s laws after fulfilling all legal criteria. The Malaysian government has no jurisdiction to impose additional conditions on us. Requiring 10,000 sq. ft. offices is impractical and clearly unconstitutional in Nepal’s context,” Gurung said.
He added that Malaysia’s selective approach toward only five countries—Nepal, Bangladesh, India, Pakistan, and Myanmar—raises suspicion.
“Out of 14 Asian labor-supplying countries, why target only five? This is mysterious. Business associations from all five countries are in talks to respond collectively,” he noted.
Gurung emphasized that Nepal and Malaysia share long-standing bilateral relations dating back to 1960, and Malaysia recognized Nepal as a labor source country in 2001.
“Any move that burdens workers financially or harms legitimate businesses is unacceptable. The Nepal government must formally communicate to Malaysia that the new rules violate Nepal’s Constitution,” Gurung stressed.
He recalled that Malaysia had previously suspended labor intake from Nepal in 2017, and even now, only the security, agriculture, and service sectors are open.
“Last year, only about 9,000 Nepalis went to Malaysia. If such restrictive rules are enforced, it will further reduce opportunities for Nepali workers,” he added.
Gurung concluded by urging both governments to maintain friendly relations and eliminate middlemen influencing policy decisions, saying that doing so would send a positive international message and protect the rights of both workers and businesses.
About the Author
