Three days to MOU, agencies still in the dark over domestic worker process

 

Time is running out before the signing of the memorandum of understanding (MOU) known as the "Employment and Protection of Domestic Workers" between Malaysia and Indonesia and local private recruitment agencies (APS) are hoping steps would be taken to reflect business-to-business payment terms, said an industry source.

A main feature in the MOU was the "One Channel System" (OCS) which would manage the entire recruitment process through a single portal to improve accountability of stakeholders toward the welfare of Indonesian domestic workers.

OCS was renamed as “MyOCS” when it was introduced on the 3sMalaysia.com portal.

Meanwhile, on March 10, The Edge reported Human Resources Minister M Saravanan stating that Malaysia and Indonesia would ink this long-awaited MOU on March 17 in Bali.

The source who shared the draft process flow for Indonesian domestic workers (see graphic) pointed out that payment was to be made upon receipt of a quotation from the Indonesian recruitment agent.

"There are several concerns with Step Three in the flow chart.

"Firstly, payment was to be made based on a quotation.

"Secondly, since there was no other indication of payment to be made anywhere else on the flow chart, it means payments were to be made in full," said the source.

The source added that APS association leaders had aired their objections at a recent briefing with representatives from 3S Asia Sdn Bhd and the Labour Department of Peninsular Malaysia.

Another key concern that revolved around Step Three of the process was having no knowledge of the workers' biodata when payments were made.

"The flow chart indicated that we had to make payment without knowing who our candidates were, and no contract had been signed.

"This may be a breach of the money laundering regulations," said the source.

Recruitment flow involves two portals

"So far, we have not heard back from them and have no idea what they have decided.

"We were also told that the process flow would remain as a pilot project, but this would require us to pay upfront, large sums of money with no timeframe guarantee," the source explained.

The source was hopeful that the MyOCS would maintain the practice before Malaysia closed its border in March 2020, where they were able to make direct payments to their counterparts in Indonesia.

"With those of us who enjoyed a good working relationship with our counterparts, the payments need not be made upfront even.

"This was a crucial flexibility that APS agencies were looking forward to after two years of not being able to operate," said the source.

Malaysiakini attempted to contact representatives from 3S Asia Sdn Bhd but did not receive a response at the time of publication.

On March 3, Malaysiakini reported that the online portal, 3sMalaysia.com would operate 'MyOCS' that would be replacing the Foreign Worker Centralised Recruitment System (FWCMS) in the management of Indonesian domestic workers.

Following this report, the 3sMalaysia.com portal was no longer accessible to visitors for reasons unknown as the page opened to an "Error 522" page which indicated that its server was inaccessible.

However, the sighted flow chart indicated that APS would have to manoeuvre through two separate online migrant management portals – MyOCS and FWCMS - to recruit Indonesian domestic workers.

The flow chart indicated that Step Eight required the APS to switch from the MyOCS portal to the Malaysian Immigration Department (JIM) linked portal, FWCMS, and upload a fresh batch of necessary documents to apply for a Calling Visa.

These documents would include a contract that was signed on the MyOCS.

The chart showed that at Step Nine, the APS would need to book quarantine rooms for the domestic workers through the FWCMS as well.

The APS does not revert to MyOCS until the final step of recruitment – Step 14 after receiving the Temporary Employment Visit Pass (PLKS) from JIM.

At Step 14, the APS will upload all certificates and Pass acquired after Step Seven which includes the quarantine (Step 10), induction course (Step 11), Fomena screening (Step 12) and the PLKS (Step 13).

Although this process flow did not indicate the repatriation process of the domestic worker, the final step here was for all documents and certificates to be uploaded back onto the MyOCS for the record of the Indonesian Embassy. - Mkini