Looking at the '6P amnesty program' and what has been happening, one wonders what the real intention really is? Now, certain companies/societies are going to make a lot of money in this exercise, which will earn them up to about RM700 million. Will some of this money be flowing into the 'coffers' of BN parties/politicians, that may be used for the upcoming General Elections. The legality of the action, and what has been done is also in question.
The Malaysian government came out with the 6P amnesty programme allegedly for the purpose of 'legalizing' undocumented migrant workers - but be very careful of the what the 'real purpose' of this exercise is. Is it not similar to amnesty programmes of past years - i.e. if you who are an undocumented migrant or employers of undocumented migrants, you will be spared legal action by the government - you will not be charged, tried, convicted and sentence in accordance with the law if you come forward now. Wonder whether the BN government or the executive/cabinet even have the right to stop the operation of an existing law, when the said law does not specifically give this power to the government or the cabinet?
The Malaysian government came out with the 6P amnesty programme allegedly for the purpose of 'legalizing' undocumented migrant workers - but be very careful of the what the 'real purpose' of this exercise is. Is it not similar to amnesty programmes of past years - i.e. if you who are an undocumented migrant or employers of undocumented migrants, you will be spared legal action by the government - you will not be charged, tried, convicted and sentence in accordance with the law if you come forward now. Wonder whether the BN government or the executive/cabinet even have the right to stop the operation of an existing law, when the said law does not specifically give this power to the government or the cabinet?
On June 23, the Government announced a two-week legalisation and amnesty exercise - codenamed 6P - during which illegal foreign workers and their employers would be spared from legal action if they took part in the drive.
The 6P programme comprises registration, legalisation, amnesty, supervision, enforcement and deportation and was expected to take six months to complete. - Star, 7/7/2011, Amnesty programme only after all legal foreign workers in biometric system
Then, they postponed the programme saying that they must first get the 2 million legal foreign workers registered first....
The Cabinet has decided that all the two million legal foreign workers be registered and included in the biometric system before starting on a similar exercise for the illegal ones, said Tan Sri Muhyiddin Yassin.
The Deputy Prime Minister said the Cabinet felt this should be done first, especially when there was information that unscrupulous people were trying to make quick cash from the Government's intention to register illegal foreign workers in the country.
He said the Government was informed that certain parties, upon hearing that the Government wanted to register illegal workers, had planned to "turn the legal workers into illegals and make some money from this."
"The Cabinet has decided to push back the timeline to register illegal foreign workers and concentrate on putting the legal ones into the biometric system first.
"The employers will be tasked to come out and register their workers and details of this exercise, including its commencement date will be announced by the Home Ministry," he told reporters Thursday. - Star, 7/7/2011, Amnesty programme only after all legal foreign workers in biometric system
This is very very odd, and something smells fishy. Surely, all legal foreign workers should already have been registered - and, note that foreign workers in Malaysia have to apply/renew their work passes/permits every year - so really, there is no need for this sudden 'registration exercise' for migrant workers within any limited time-frame. This registration exercise could very easily be done by the Immigration Department, National Registration Department and/or the Labour Departments nationwide.
Then, we recall an earlier report stating that some 1,400 have applied to become registration agents for the two-week legalization and amnesty exercise for illegal foreign workers that will be conducted next month. I do not recall seeing any advertisement or 'open public call' to companies to apply to become registration agents, did you? Openness and transparency was absent? Why would the government even need these private companies to be 'registration agents' - surely, it could all be done by the relevant government departments and bodies located all over Malaysia.
Almost 1,400 companies have applied to become registration agents for the two-week legalisation and amnesty exercise for illegal foreign workers that will be conducted next month.
Home Ministry secretary-general Tan Sri Mahmood Adam said the applications would be vetted by a special committee with representatives from various ministries, government agencies, police and the Malaysian Anti-Corruption Commission.
He said illegal immigrants would not be charged any fees to register at the nearest immigration office or the appointed companies between July 11 and 24.
“This exercise is the last opportunity for employers to register their illegal workers before an integrated enforcement is undertaken by the Government,” Mahmood said. - Star, 24/6/2011, 1,400 apply to become amnesty agents
Then, the government chose 348 private companies and association as managing agents.. GOVERNMENT managing agents...
The Home Ministry has appointed 348 companies and associations as managing agents to process the registration and amnesty programme for the legal and illegal foreign workers.
Deputy Home Minister Datuk Lee Chee Leong said the companies and the associations had been given a special briefing on the functions as well as the conditions that had to be adhered to.
“We have selected 348 from the 1,390 applications after a screening by a special committee comprising representatives of the Home Ministry, Human Resources Ministry, Police and the Malaysian Anti-Corruption Commission,” he said. - Star, 9/7/2011, 348 agents to process alien workers
But, why would private companies get involved - is it voluntary? is it part of national service? On 24/6/2011, the government said, "illegal immigrants would not be charged any fees to register at the nearest immigration office or the appointed companies between July 11 and 24." but then, this changed and now, the Malaysian government says :"..the Government had imposed a condition that companies and associations can only charge RM35 for the registration exercise for each worker and a maximum RM300 for the subsequent amnesty programme...".Well, there are 2 million 'legal' migrant workers, and that is about RM70 million, and if divided equally between the 348 companies, that would be a clean income of more than RM200,000 income just for the legals, and for say the other 2 million 'illegal' migrants, for the registration only again another RM70 million for registration, RM600 million for amnesty programme, and divided equally between the 348, at an average they will make more than RM2 million each. A lot of money....
Now, let us look at who were appointed as this 348 agents? (Information obtained from the Immigration Department website).
Well, they are private employment agencies that are created under the Private Employment Agencies Act, and there are 'outsourcing agents/companies', that I am of the opinion are illegal as there seem to be no existing law that provides for their existence, and what they do is to provide workers to principals, and this again is something clearly not permitted by the Malaysian Employment Act for they really are 'contractors for labour' (something the BN government is trying to legalize now again through that Employment(Amendment) Bill 2011, now before Parliament.
The practices of some of these 'outsourcing agents' also is trying to destroy, evade and disguise real employment relationships between principals and the workers that work for them, which will be highly detrimental to all workers, their unions and their ability to engage in 'collective bargaining and actions' to get better work conditions, wages and benefits.
The practices of some of these 'outsourcing agents' also is trying to destroy, evade and disguise real employment relationships between principals and the workers that work for them, which will be highly detrimental to all workers, their unions and their ability to engage in 'collective bargaining and actions' to get better work conditions, wages and benefits.
Many of these also seem to be companies involved currently with getting foreign workers to principals...so, would it also not be unwise to get them involved in this registration exercise. Some may be even 'users' of migrant workers. These may most likely be the 'unscrupulous people' our DPM was initially worried about, considering their close link with the business of 'migrant workers'.
Better to use the government departments, or even some of the government linked companies like Pos Laju, etc who have no 'direct or indirect interest' in foreign worker recruitment, supply, etc...
Better to use the government departments, or even some of the government linked companies like Pos Laju, etc who have no 'direct or indirect interest' in foreign worker recruitment, supply, etc...
Some believe that these 'outsourcing agents/companies' were created and allowed to operate (illegally most likely), without coming under existing law, i.e. the Private Employment Agencies Act, could be cronies of some political or other influential personalities - as, some of them, like 'toll operators' continue to take 'big commissions' from monthly wages of workers they supply, unlike private employment agencies that take a fixed fee when the worker is supplied to the principal. This 'connections' may be the reason why again, some of these 'outsourcing' companies have been given again yet another very lucrative opportunity to make money - and would a sum of this 'easy money' now be also flowing into the coffers for some politician/political party for the upcoming General Elections, PRU 13? It could happen, could it not - for these appointed 'agents' of the BN government would be happy to 'donate' to keep the BN in power in the hope of getting more similar opportunities in the future - maybe even getting all 28 million Malaysians registered in this new bio-metric system?
And, there still are the other legal questions:-
a) Under what law, are these 'government agents' appointed, licensed,...?
b) Under what law, can companies/societies, not individuals be appointed 'government agents' for this registration exercise?
c) Under what law, can fees chargeable was fixed?
d) Or is this an 'outsourcing of work' by the government - not really the appointment of 'government agents'?
e) Under what law, when the Federal Constitution guarantees equality, are those permitted to go these agents be required to pay 'fees' but not for the others?
f) Private Employment Agencies and companies (or societies) are created by laws that dictate what they can do and cannot do - so this would not be a function that could be done by these entities, so how can they now be appointed, licensed...to do this work?
Oh, yes - everyone, especially governments, are bound by existing laws in Malaysia, so is there not a blatant infringement of the law here? Unless, of course this BN government could tell Malaysians under what law they are doing all these things, it would be good and would clear doubts...
Selected news reports are found below:-
PUTRAJAYA: The Cabinet has decided that all the two million legal foreign workers be registered and included in the biometric system before starting on a similar exercise for the illegal ones, said Tan Sri Muhyiddin Yassin.
The Deputy Prime Minister said the Cabinet felt this should be done first, especially when there was information that unscrupulous people were trying to make quick cash from the Government's intention to register illegal foreign workers in the country.
He said the Government was informed that certain parties, upon hearing that the Government wanted to register illegal workers, had planned to "turn the legal workers into illegals and make some money from this."
"The Cabinet has decided to push back the timeline to register illegal foreign workers and concentrate on putting the legal ones into the biometric system first.
"The employers will be tasked to come out and register their workers and details of this exercise, including its commencement date will be announced by the Home Ministry," he told reporters Thursday.
Muhyiddin said he had agreed to the ministry's request for some time to register the existing pool of foreign workers the market.
He said even though they have valid work permits, these workers must be in the biometric system so that their movement "especially from one work place to another", could be closely monitored.
The Star reported that the programme to legalise and grant amnesty to an estimated two million illegals in the country - scheduled to start on Monday - had been deferred so that the authorities have more time to prepare for the mammoth exercise.
On June 23, the Government announced a two-week legalisation and amnesty exercise - codenamed 6P - during which illegal foreign workers and their employers would be spared from legal action if they took part in the drive.
The 6P programme comprises registration, legalisation, amnesty, supervision, enforcement and deportation and was expected to take six months to complete. - Star, 7/7/2011, Amnesty programme only after all legal foreign workers in biometric system
PUTRAJAYA: Almost 1,400 companies have applied to become registration agents for the two-week legalisation and amnesty exercise for illegal foreign workers that will be conducted next month.
Home Ministry secretary-general Tan Sri Mahmood Adam said the applications would be vetted by a special committee with representatives from various ministries, government agencies, police and the Malaysian Anti-Corruption Commission.
He said illegal immigrants would not be charged any fees to register at the nearest immigration office or the appointed companies between July 11 and 24.
“This exercise is the last opportunity for employers to register their illegal workers before an integrated enforcement is undertaken by the Government,” Mahmood said.
Serious matter: Mahmood speaking during the briefing at the ministry. Beside him is deputy secretary-general Datuk Alwi Ibrahim.
He said illegal immigrants who came into the country to work illegally, those who overstayed and those who misused entry permits and passes or falsified travel documents should register under the exercise.
Mahmood said those who had registered would be allowed to continue working until a decision was made.He said the exercise was aimed at verifying the number of illegal immigrants in the country as well as compiling data and obtaining their biometric fingerprints.
“We want to create a comprehensive database on the foreign workforce in the country to allow effective monitoring and resolve the problem of forged documents,” he said.
Mahmood said the illegal immigrants who had registered would be legalised and offered employment in sectors where there was a need, while those who wanted to return home would be allowed to do so at their own expense without any action being taken against them.
He said illegal immigrants who failed to register would be liable for court action before being deported to their home countries.
“We will also blacklist them and deny them entry in future,” he added.- Star, 24/6/2011, 1,400 apply to become amnesty agents
PUTRAJAYA: The Home Ministry has appointed 348 companies and associations as managing agents to process the registration and amnesty programme for the legal and illegal foreign workers.
Deputy Home Minister Datuk Lee Chee Leong said the companies and the associations had been given a special briefing on the functions as well as the conditions that had to be adhered to.
“We have selected 348 from the 1,390 applications after a screening by a special committee comprising representatives of the Home Ministry, Human Resources Ministry, Police and the Malaysian Anti-Corruption Commission,” he said.
Lee said the Government had agreed to defer the registration exercise, which was scheduled to start on Monday, until a new date was fixed.
“There are several factors, including the need for intensive training for 5,000 people who will be involved as well as a mechanism to address legal workers leaving their employers to register under the amnesty programme to find new employers with a higher pay.”
Lee said the Government decided that workers with valid work permits would not be given amnesty and would be required to return to their original employers.
The Star reported that the programme to legalise and grant amnesty to an estimated two million illegal immigrants in the country had been deferred to allow the authorities more time to prepare for the mammoth exercise.
On June 23, the Government announced a two-week legalisation and amnesty exercise codenamed 6P during which illegal foreign workers and their employers would be spared from legal action if they took part in the drive.
The 6P programme comprises registration, legalisation, amnesty, supervision, enforcement and deportation, and was expected to take six months to complete.
Lee said the Government had imposed a condition that companies and associations can only charge RM35 for the registration exercise for each worker and a maximum RM300 for the subsequent amnesty programme.
“The employers or the workers will not have to pay the charges if they deal directly with the Immigration department,” he said.
He said, under the amnesty exercise, the employers would need to make several payments for each worker to receive a permit.
“The payments are mandatory, including the levy and the guarantee bond, according to the sector and their country of origin, temporary working visit pass and insurance.”
Lee said the Government would provide information on the list of companies and associations appointed as managing agents, registration counters, procedures for registration as well as other information through the media and the ministry's website soon. - Star, 9/7/2011, 348 agents to process alien workers
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