Every year, we have this large scale crack-downs and deportations - and then we have the employers here and there talking about labour shortages - and the doors are re-opened for more foreign migrant workers to again re-enter the country.
The arrest and deportation exercise, I believe, is to appease the local Malaysian people. So much of our money is wasted.
If only, the employers, and not the poor workers, were targeted - not only would money be saved but also the employment problems may be resolved.
Previously, employer companies had to apply for permission to employ migrant workers. After they obtain the requisite permission, they then proceed to get the migrant workers, and enter into employment agreements with these migrant worker. The sending countries usually have standard agreements that must be used - and these agreements very clearly specify rights and obligations.
Then some years back, the government started allowing 'outsourcing companies' to bring in foreign migrant workers. These companies do not have jobs for these workers - so many migrant workers who had paid so much money to agents, for fees, etc end up in the country only to find that there are no jobs - no employers - no wages. Some of these 'outsourcing companies' just abandon them... If there are no jobs, the workers would not get their 'work permits' (Pas Lawatan (Kerja Sementara), etc...)
When in desperation, the migrant workers seek their own employment, and get arrested by them RELA gangs, charged, convicted, whipped and deported..
Very little is done to these guilty 'outsourcing companies' - and even if these companies were blacklisted - all their shareholders/directors need do is set up a new company and get back into business...
Things that should be done is that we need to get rid of these outsourcing companies - and insist that the local employer company have to enter standard employment agreements with their workers before bringing them into the country.
There must be laws making it very clear that it is the employer that has to pay for everything, including levy and all other fees, and the worker's wages are not subsequently deducted by the employer who try to get back all the fees/levy he spend for the worker.
The law is clear about lawful deductions - and that does not include levy, fees, etc - and the Human Resources Ministry must ensure that these 'unlawful' deductions currently practiced by some are stopped.
And if outsourcing compnaies are allowed to continue to exist, they must be made liable to pay the migrant workers they bring in the agreed monthly salary every month, irrespective of whether they find these workers jobs or not. And, if they cannot find these workers job, these companies should be required in law to pay these workers as compensation at the very least salary for 24 months, and to also pay for their travel back to their home country.
Migrant workers must also be given the right to change employers - etc..
Many employers go for foreign migrant labour because they can 'control' them - in fact treat them like 'slaves'. If they are unhappy, it is so easy to just revoke visas, and get them arrested and deported... When migrant workers go to the Labour Department to complain about non-payment of wages, etc - employers so easily can get rid of these workers completely.
Even if migrant workers are tortured, they have at present no choice of leaving this employer and going to another - their only options now is to suffer quietly with their current employer OR be ready to be sent back... Remember, many migrant workers took loans to pay all the fees/charges to come over here to Malaysia to work. So, going back is not an option.
It is their reality that allows employers to abuse them and deny them of many rights, and this must end.
At present, there are remedies in law - but the problem is that the system and practice now makes it near impossible for migrant workers to get these remedies. For local workers, it is easy, because they could be working for another whilst they pursue justice against their former employer..
Unless, they are allowed to work with other employers (or at least stay in proper shelters with food and board provided as is practiced in Hong Kong), the dismissed employee with no income is and will continue to be a victim of human rights.
If there is going to be amendments to the law, then the rights of migrants and their access to remedies of justice must be addressed.
With regard to domestic workers, their current exclusion in law (the Employment Act) from the enjoyment of the basic rights/protection accorded a a worker in Malaysia must be removed.
In fact, there must also be provisions in law as to their rights considering the very nature of their working environment. They should have to work for no more than 8 hours per day. They should have the freedom of movement - and the right to communicate with the outside world. They should have at least one day off per week....
If the government does this, employers will really review their current practice of employment of migrant workers. It is the ability to exploit and control that makes many local companies prefer the employment of foreign workers rather than local workers.
Also, we need a basic minimum wage - which shall be applicable to both migrant and local workers..
Employment Act to be amended to reduce dependence on foreigners
By V.P. SUJATA
PUTRAJAYA: The Employment Act and the Workers' Compensation Act will be amended to reduce the dependency on foreign workers.Human Resources Minister Datuk Dr S. Subramaniam said the amendments are expected to be tabled in Parliament by December after getting the go-ahead from the Cabinet.
With the amendments, employers would be required to notify the ministry of vacancies and justify the need to employ foreign workers about one month prior to submitting the application for foreign workers, he said.
He added that outsourcing companies have to register with the ministry the exact number of workers that was needed to ensure there was no glut in the country.
There had been cases where outsourcing companies had brought foreigners into the country first without ready jobs and had later placed them with jobs, he said.
"Outsourcing companies will be regulated based on this new system," he told reporters here on Thursday after a meeting with Home Minister Datuk Seri Syed Hamid Albar at the Home Ministry to discuss matters pertaining to foreign workers in the country.
Dr Subramaniam added that housemaids who were earlier exempted from insurance coverage would be included to get protection from their employers as part of the planned amendments.
"Maids were earlier given exemption because we thought employers would automatically take care of their welfare but now since it has been found to be otherwise, the exemption clause would be removed," he said.
Dr Subramaniam also said that he was discussing with the Ministry of International Trade and Industry to give his ministry two years notice prior to the setting up of factories to ensure there was a pool of trained locals to fill vacancies.
The ministry, he said, had the database of unemployed and skilled Malaysian workers as well as conducted skills training to meet the local demand and to maximise the availability of local workers.
Syed Hamid said both ministries were working hand-in-hand to reduce the number of foreign workers in the country from the current 2.2 million to 1.8 million by the year 2010 as planned under the midterm review of the Ninth Malaysia Plan. - Star, 4/9/2008,Employment Act to be amended to reduce dependence on foreigners
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