Friday, June 08, 2018

HR Minister not Muhyiddin should be looking at 'migrant worker' and HR reforms and ending 'kleptocracy'/corruption'?

All issues of workers should be handled by the Ministry of Human Resources, being the Ministry concerned about worker issues and rights, trade unions, employment relationships, ...Both migrant workers and local workers must be under the same Ministry of Human Resources ...

Muhyiddin Yassin, being HOME Minister must no longer deal with the issue of migrant WORKER - It is disturbing that Home Minister seems to focusing on this issue - whn he really need focus on the police, ROS and the so many other matters under the Home Minister.

Under the UMNO-BN rule, of course being in charge of matters concerning migrant workers, was a great 'opportunity' for the Ministry concerned - there was much 'opportunities' for corruption and even 'kleptocracy' much money did Malaysia lose?

There has been allegations that relatives and friends of past Ministers, also may have made a 'lot of money' through this 'migrant worker' business...Many of the responsibilities of the Immigration Department, which should never be outsourced, were outsourced to private sector companies who made a lot of money ....Thankfully, some the 'questionable' entities and arrangements have recently been announced as being ended...though, it is unsure whether it was by reason of the action of the new PH government or Home Minister Muhyiddin.

According to the report by an online news website, the services of three company --  MyEG Services Sdn Bhd, Iman Resources Sdn Bhd and Bukti Megah Sdn Bhd – would be terminated by end of the month.

It quoted Immigration Department’s director general Mustafar Ali as saying that the rehiring process of undocumented foreign workers would end by June 30.

The Immigration Department had contracted the three companies to undertake the re-hiring of undocumented foreign workers programmes since January 2016.

The award of the contracts to the three companies in the past has come under criticism as the view taken was that the department could handle it by themselves or call for a competitive bid to open up the exercise to more companies. - The Star, 1/6/2018
I suspect that there is a lot of "DIRT' that needs to exposed in the Malaysian Migrant Worker Industry ...that 1.5 million Bangladeshi workers,the outsourcing of work to private companies, etc 

The 'opportunities' that could utilized in the 'migrant WORKER issue saw the past UMNO-BN government place 'migrant workers' under the Home Minister....Will  our new PH also do the same? 


Malaysian workers have been losing so much because of the way the UMNO-BN dealt with migrant workers...including the creation of that 'contractor for labour' that results in there being being no DIRECT EMPLOYMENT relationship with employers, who also have local workers who are directly employed.

Workers United can demand better rights and better working conditions from their employer - as such the very existence of a growing number of 'non-employee' workers at the workplace has a direct impact on the bargaining power of the employees and their trade union. [Employers can simply just move towards having no employees - or lesser employees - as UMNO-BN did not put in place any law preventing the use of non-employees supplied by the contractor for labour.

These non-employees supplied by the Contractor for Labour also cannot join in-house union because they do not qualify as they are not employees. They will also not join National/Regional Trade Unions because Collective Bargaining Agreements only deal with 'employee' of the workplace rights. 

The call for the abolition of the 'Contractor For Labour' system was simply ignored by the UMNO-BN, who even went further to protect the interest of the 'Contractor For Labour' When a company winds-up, what is still owed to the workers(employees) is protected as they have the priority of debt - so, whatever can be recovered is first used what is outstanding to the employees(workers)....Guess what UMNO-BN did, they extended this protection not to the 'workers supplied by the contractor for labour' - but to the contractor for labour themself.


ABOLISH THE CONTRACTOR FOR LABOUR SYSTEM - All workers that work at a workplace must be direct employees of the owner of the workplace, thus allowing them to join with the already 'local' employees to fight for better rights and working conditions.

DIRECT EMPLOYMENT RELATIONSHIP MUST EXIST WITH THE WORKPLACE OWNER/EMPLOYER. If another contractor has the job of cleaning and maintenance, that contractor can use their own workers. Likewise, for security, etc which sometimes get outsourced to certain contractors.

As, one can see, these are all issues of human resource - worker and trade union rights > all of which has a direct impact on LOCAL Malaysian workers, and even their unions.

UMNO-BN further complicated Employment Relationship - which should always be a simple relationship between EMPLOYER and EMPLOYEE(Worker). If the employer, wants to use 'Recruitment Agencies' or 'Private Employment Agency', then they are simply agents of the EMPLOYER. If agents violate worker rights, then the EMPLOYER is far as the worker is concerned. [If the Employer want to sue its agent, to get compensated - that is the employer's business] 

The Malaysian government should not get involved in the BUSINESS of recruiting migrant workers - They must always simply set the laws, and monitor that laws are not violated.

It must be the HUMAN RESOURCE Ministry that deals with the permission to employers to bring in migrant workers...The Immigration Department should simply be concerned with the issuance of visas/passes...whereby extension/variation/etc should only be done after the approval of the HR Minister....Now, if we look at the state of affairs, it seems like it is the Immigration Department that is doing this ...even the licencing of 'contractor for labour' seems to be by Home Ministry - not HR Ministry.

IN THE PAST, the bringing in of migrant workers was very 'controlled' - nobody gets permission to bring in 100s or 1000s of migrant workers at one go. Employers need to take efforts getting LOCAL workers - then, and only then, employers need to specifically identify the exact number of migrant workers they need and for what kind of specific job.

Human Resource -  Well, that means the NUMBER of workers needed in Malaysia...and, the policy must always be 'ONLY when there is no Malaysian worker...will we allow the use of Migrant Worker' 

THEREFORE, at least before, - Employer had the obligation to really try to get a Malaysian Worker (in fact, there must be the requirement for the placement  of banners announcing availability of jobs inviting applicants in nearby towns - nowadays, we seldom see such adverts...). Now, they do it online - but remember low-skilled workers generally are not monitoring online for jobs ...a banner would have been better.

BEFORE, the said employer, say if he is looking for construction workers - there was a need to specify exactly the kind of workers needed - say 3 welders, 4 bricklayers, etc > and the approval of the relevant body is also sought (CIDB?).

Then, the employer after getting approval starts to find the 'suitable' worker - usually there would be 'interviews' and even 'testing' to ensure the migrant worker employed can really do the job. (It is stupid to simply bring 100s of migrant workers who do not know 'construction' for a construction company).

In the past, the employed Migrant Worker's names/details together with the 'exact job' he/she is hired is supplied, and then the relevant VIsa(Pas Lawatan Kerja Sementara or Employment Pass) is issued.

THEN, the UMNO-BN people/friends thought of a new way of making 'money' - they introduced this 'Contractor For Labour' - and permits to bring in migrant workers were given to them 100s, sometimes 1,000 ...Now, these 'contractor for labour' did not have factories or plantations or construction projects that required, they personally did not need any worker. So, their bring in migrant workers in 'bulk' helps no one - employers are the best to identify, and bring in workers that they need..

These 'Contractor for Labour' got the permits, and real employers started finding it more and more difficult to get permits themselves to bring in migrant workers for their construction companies, factories, plantations..Some even said that 'hurdles' increase, and worse still are the Immigration officers that recommend that you ought  to contract this and that 'Contractor for Labour' to get their migrant workers...Many real employers had now to depend on these 'Contractor for Labour' but the problem was that many a time the migrant workers supplied were not up to par - something that was less a problem, when previously were more vigorous in their 'selection' process in country of origins...

So, 'Contractor of Labour' became a lucrative business, and guess who were the lucky one's that got the required permit/licence - and who easily got permission to bring in many many migrant workers? Hope the new Pakatan Harapan investigates and cleans things up in this area.

Now, many of the employers in the manufacturing, plantation, construction industry would have liked to make the suitable migrant worker their EMPLOYEES... but the Contractor for Labour was not interested - 'You can use MY Employees ...and pay me directly, and I will pay my own employees" - WOW ...EASY MONEY - The more the workers supplied by Contractor For Labour works, the more the profits for the Contractor for labour...How luck to have the license/permit as 'Contractor For Labour" - a lot of money...a lot of money...A worker works - he should receive the money - why should a 3rd party(the Contractor) become rich by the sweat and toil of migrant workers(today also local workers fall under this 'contractor for labour' system)...Now, who gives the license/permit to the 'Contractor for Labour'? - HR or Home Minister...most likely you guessed it right.

Now, even the real Employers at workplaces were stuck - after all, the Contractor For Labour can at any time take away their 'employees', or even take away some of the good ones ...The power of the 'Contractor For Labour' increases...(and the possibility that these 'Contractor for Labour' may have had good connection with the Immigration Department - Real employers has not much choice - even accept the 'bullying' which may happen.)

ALL this happened when the Immigration Department (under the Home Ministry) was in charge, and not reasonably the Human Resource Minister. Maybe the fact that most Home Ministers came from UMNO, and HR Ministers from other minor parties in BN????) 

WORSE STILL  -  Immigration Department(Home Minister) is only interested in 'legal' or 'illegal' - issuing of visa/passes and cancelling them, then arresting, detaining, deporting ...and not about worker rights and other rights of the migrant worker. Migrant workers may have legitimate claims for unpaid wages, OT, wrongful dismissal, ...but the Immigration Department(Home Minister) is simply interested in arresting and deporting. Suggestions have been made by many, that a migrant worker should only be DEPORTED once the HR Minister certifies that there is no outstanding worker claims...but Home Ministry not bothered. This meant that employers were free to violate rights ...and not face justice because the claimant/complainant is no more in the country, or simply too fearful of arrest when they turn up at the Labour Department or court. Note proceedings at the Labour Department...or the Labour Court requires the CLAIMANT WORKER to be present - if the worker is absent, the claim proceedings/case ends..

Same with criminal offences, these migrant victims just will not get justice ...after all the victims and even witnesses are so easily arrested and deported by the Home Minister.

That is why it must be the HR Minister should be responsible for migrant workers - the Home Minister(or Immigration Department) can be in charge of other foreigners - including foreigners allowed in the country to run businesses...

Cracking down on illegal migrants - CAREFUL...DO NOT BE LIKE UMNO-BN? The UMNO-BN system may have caused a lot of these problems...

ANYWAY, all this are HUMAN RESOURCE issues - worker issues, and rightly it should come under the Human Resource Ministry ....and the Immigration Department only to issue or 'revoke'/'cancel' visas/passes as directed by the HR Ministry. 

The 'tactic' of bad employer making their migrant workers 'illegal' simply to escape paying workers wages and monies due must stop - HR Minister must ensure that all migrant worker employment claims/complaints are all settled/paid by employers before the migrant worker is terminated.

LEVY - Many are not aware that the monthly labour cost for a migrant worker is much lower than a Malaysian worker? For Malaysian worker, employer contributes an additional 13% for KWSP, additional % for SOCSO...For migrant worker, no such additional contribution. In Singapore, EMPLOYER pays levy for migrant worker - and the rate is equivalent to the additional EPF/SOCSO contributions payable for Malaysian workers - that equalize the cost for both categories of workers, and if you use a migrant worker, employer is required to pay all other cost of bringing in a migrant worker...

Now, it worried me that Muhyiddin has started by looking at Immigration and illegal migrants, when really the scope of the Home Ministry is so much wider ---police, customs, RELA,...and now, it is really time for REFORMS (fast and quick) ...not just carrying on the UMNO-BN ways of doing things...Muhyiddin is not emulating Mahathir, Guan Eng or some of the other new Ministers ...who are cleaning things up....

MUHYIDDIN must not be Chairing the committee on Migrant Worker must be the Human Resource Minister if there is going to be any real 'REFORMASI" in this area for the benefit of Malaysian workers...and also migrant workers. 

Foreign WORKER - a HR issue - so HR Minister should be looking at it?

Most problems under UMNO-BN may have been caused by the Home Ministry, Immigration Department, best, some other looks at this 'MESS' if there is going to be reforms?

MTUC stopped at gate of Ministry when they went to express views about '1.5 million NEW Bangladeshi migrants' plans?

101 Groups Letter to PM Najib - Employers should pay the Levy – Not Migrant Workers , Immoral for Malaysia to take from Workers to overcome national economic problems

Richard Riot - still Minister of Human Resources? Or now it is Zahid Hamidi? 1.5 million new Migrant Workers?

Singapore - Migrant Worker Employer Pay Levy, Quotas, Increased levy as you increase percentage of MW? Protection of local workers?

For local workers, employers pay extra 13% above their income to EPF - not so for migrant workers?]

HR Minister says 'NOT TRUE', then Zahid Hamidi says 'FREEZE' - 1.5 Million NEW migrant workers from Bangladesh?

Muhyiddin to lead committee to reduce foreign workers, illegals

 | June 5, 2018
The committee will also look at ways to attract locals to take up jobs now done by foreigners.

Home Minister Muhyiddin Yassin says the committee will look into why locals are not interested in jobs normally filled by foreign workers. (Bernama pic)

PUTRAJAYA: The home ministry will set up a special committee, with minister Muhyiddin Yassin as chairman, to reduce the number of foreign workers and illegal immigrants in the country.

Muhyiddin said the committee would include representatives from the human resources ministry and enforcement agencies.

“The committee will look at ways to reduce the number of foreigners in the country and replace them with local workers.

“It will also look at reasons why locals are not taking up certain jobs, whether training needs to be provided, the level of wages and conditions of accommodation for local workers,” he said after a briefing at the Immigration Department today.

Muhyiddin said the committee would also look thoroughly at the issue of illegal migrant workers.
“We want to know why there is a flood of illegals in the country, what actions we can take and other aspects of the problem,” he said.

He said the presence of illegal immigrants was adversely affecting the social, economic and health systems in the country.

On the government’s rehiring programme, he said 83,919 employers had so far registered, seeking to rehire a total of 744,942 illegal foreign workers.

He said 307,557 illegals had been cleared to be rehired under the programme but 108,234 others were rejected due to various reasons and would be deported.

The screening process under the programme has been extended until June 30 for those who have registered.

The programme gives undocumented foreign workers in Malaysia the chance to be issued valid work permits to meet the labour demands in permitted sectors. - FMT, 5/6/2018

Muhyiddin seeks info on allegation of importing 80,000 Bangladeshi workers

Sunday, 3 Jun 2018

  • PETALING JAYA: Tan Sri Muhyiddin Yassin (pic) has denied that he met with a man, known only as Datuk Amin, about bringing in 80,000 Bangladeshi workers to Malaysia.

    The Home Minister said he does not know the individual, nor was there any discussion on recruiting Bangladeshi workers to the country.

    “I have asked the Home Ministry’s secretary-general to give a detailed briefing to me regarding an allegation that the ministry had approved the man’s application to bring in 80,000 Bangladeshi workers to Malaysia a few days before GE14.

    “I also ordered the implementation of such approval, if it indeed exists, to be delayed until I have been briefed on the matter,” he said in a statement on Sunday (June 3).

    The ministry will not compromised with any party which abuses the system of hiring foreign workers for profit.

    “We will take stern action against anyone who breaks the laws and jeopardised the nation’s interest,” he said. -Star, 3/6/2018

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