Eliminating agents won’t automatically protect workers, says Tenaganita

The group's executive director Glorene Das says direct hiring must include transparent recruitment, enforceable contracts and independent oversight.

The human resources ministry is reportedly developing a direct hiring system to eliminate third-party agents or middlemen from the recruitment process.

PETALING JAYA:

 Eliminating recruitment agencies under a proposed direct hiring system for foreign workers is a positive step, but it will not protect workers from abuse unless strong safeguards are in place, says labour rights group Tenaganita.

Its executive director Glorene Das said Tenaganita welcomed the move as the group had long advocated for direct hiring to dismantle exploitative middlemen who profited from excessive fees, debt bondage, fraud, and trafficking.

However, she said that without proper oversight, foreign workers could still face cheating, abuse, contract substitution, and illegal salary deductions, but this time at the hands of employers or informal brokers.

“Direct hiring must therefore be accompanied by transparent recruitment procedures, enforceable contracts, independent monitoring, and accessible grievance mechanisms.

Glorene Das.

“Otherwise, exploitation will simply shift from one actor to another,” she said in a statement.

Das also cautioned that Malaysian employers are not yet equipped to manage recruitment and compliance independently.

Ethical recruitment, she said, requires employers to understand labour laws, immigration procedures, accommodation standards and dispute resolution processes.

“If direct hiring is to succeed, the government must provide clear guidelines, standardised systems, and proper capacity building for employers. Without this support, workers will ultimately bear the consequences,” she added.

Das also pointed out that direct hiring is not new in Malaysia, citing earlier attempts involving domestic workers that failed due to weak or absent enforcement structures.

For the system to work this time, she said it must be supported by strong government-to-government agreements, binding provisions on wages and fees, transparent systems subject to independent monitoring, and strict enforcement against abuse.

It was reported that the human resources ministry is in the process of developing a direct hiring system as part of efforts to eliminate third-party agents or middlemen from the recruitment process.

Minister R Ramanan said the proposal, which is being fine-tuned, will be discussed with the home ministry and relevant stakeholders before it is presented to the Cabinet for approval. - FMT