Bosses expected to bear burden in MoU with Bangladesh

 

A new memorandum of understanding spells out the conditions that employers must abide with to bring in workers from Bangladesh.

PETALING JAYA: Employers will be made to shoulder most of the responsibilities under the new memorandum of understanding (MoU) expected to be signed between Malaysia and Bangladesh in the next few days.

According to a draft of the document sighted by FMT, the employers, and not the agents, shall be responsible to ensure the workers meet all the requirements relating to their entry and employment here.

This is despite the mandatory requirement for the employment of workers to be undertaken by the registered agents in Dhaka which are approved by the Malaysian government and the local agents who are authorised by the government here.

According to the MoU, the employer shall be responsible for all the payments, including the airfare to Kuala Lumpur from Dhaka and the return cost after the contract is completed for valid reasons. However, the document did not specify if this cost is an advance which can be recouped monthly from the workers’ salaries.

“The employer may advance payment to the workers but they will not be allowed to deduct more than 50% from the monthly wages for all types of deductions.

“The amount and duration of deduction must be clearly stated in a separate agreement between the worker and the employer,” it said, in an apparent move to stop the current practice of employers to deduct advances by not paying the salaries for about three to six months after they start work.

Migrant workers in all sectors, including domestic help, have had their whole salaries deducted for a few months by the agents with the help of employers as repayment of advances.

Among the payments which the document said are the responsibility of employers are:

• Security deposits as required by the immigration department of Malaysia;
• Processing fees;
• Visit pass (Temporary Employment);
• Insurance under the Employment Injury Scheme under the Employees’ Social Security Act, the Foreign Workers Health Insurance Scheme (SPIKPA) or any other insurance scheme required for the workers;
• Medical examination in Malaysia;
• Immigration security clearance;
• Air ticket for the first-time entry and exit after completion of contract;
• Attestation fee by the Bangladesh High Commission;
• Service charges by local registered agents; and
• Covid-19 tests.

It said all workers must be given a basic minimum salary under Malaysian laws, which is RM1,200 for six days’ work per week with eight hours daily. All additional allowances, including overtime and work on days off and public holidays, are to be paid in addition to the basic wage.

There have been complaints in the past from migrant workers that some unscrupulous employers have lumped salaries and allowances into the minimum wage of RM1,200.

The MoU also specifies that employers must ensure the arriving workers are received by them within six hours of arrival.

“The employer shall ensure that the workers undergo medical examination within 30 days and once a year for the subsequent years of employment.

“They shall renew the workers’ temporary employment three months before the expiry date. Any penalty or compound due to the failure of the employer to do so shall be borne by the employer,” it said.

The document also specified that the workers must be able to communicate either in basic English or Bahasa Malaysia and do not have any criminal record in their country, and that those getting married to Malaysians will have their visas cancelled.

The MoU also ensures that the onus is on the Bangladesh government to repatriate workers who are medically unfit or do not fulfil the specifications upon arrival in Malaysia at its cost, adding that it should provide the names of registered agents in Dhaka who are experienced, competent and have a clean track record.

According to a Malaysiakini report on Dec 14 quoting sources, Bangladesh’s expatriate welfare and overseas employment minister is expected to arrive today to sign the MoU, which is being finalised on Sunday.

FMT has reached out to the minister for comment. - FMT