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Monday, April 4, 2022

Confidential data of Malaysian employers exclusive rights of private firm

 


Personal details submitted by employers to the Human Resources Ministry domestic worker recruitment portal will be held and is the exclusive right of a foreign-owned private company, 3S Malaysia Sdn Bhd, according to the portal’s terms and conditions.

3S Malaysia is majority-owned by 3S Asia Sdn Bhd, which is owned by six non-Malaysians, Companies Commission of Malaysia filings showed.

The 3S Asia, whose registered nature of business is described as “holding companies”, is owned by six individuals whose names in the CCM filing are accompanied by passport numbers instead of local identification card numbers – suggesting that they are all foreign nationals.

They are Jimmy Udjaja, Nguyen Thi Xuan Trang, Dennis Kuan Jing Xuan, Kristianto Toh, Tjong Chun Fuk and Farai Tady Effendy.

It was also noted that 3S Malaysia’s nature of the business was registered as “personal development course/ motivational” and nothing to indicate the construction or management of an online recruitment portal or any IT-related work.

This private company does not have a registered business address.

The 3S Malaysia Sdn Bhd is also linked to a government-registered Private Employment Agency (APS), thereby indicating a legitimate conflict of interest.

Separately, Malaysiakini contacted Seputeh MP Teresa Kok, who last month questioned in Parliament the nature of engagement between 3S Malaysia Sdn Bhd and the Human Resources Ministry.

Having received no oral or written response, and having learnt of this new development, Kok guessed that her questions must have “hit close to the truth” and asked Human Resource Minister M Saravanan for replies owed.

According to National Association of Human Resources Malaysia (Pusma) president Zarina Ismail, in the case of a typical household of a couple with four children, they would need to submit their respective identification cards and personal photos, tax returns, salary slips for three months and the birth certificates of the children to prove parentage.

Pusma president Zarina Ismail

“They will also submit their marriage certificate, photographs of their home, photographs of the street they live in, a utility bill and a photo of the room to be used by the intended domestic worker.

“If an elderly person was living with them, the employer will need to submit their birth certificate and the identification card of the elderly person to prove their relationship,” she explained.

Portal redirected to new URL

The larger portion of the ministry’s recruitment portal is only accessible upon registration for a log-in, which requires users to agree to the terms and conditions of the portal.

However, despite what the terms and conditions dictate, under the “About Us” section, the ministry describes the portal as “developed by the ministry” and which would “act as a portal for the recruitment of foreign domestic workers”.

On March 3 this year, Malaysiakini, reported, based on information from an industry source, that an online portal with the URL, 3sMalaysia.com, would replace the role of the Foreign Worker Centralised Recruitment System (FWCSM).

The portal was to manage the Malaysia One-Channel-System (MyOCS), which was the entire recruitment process on Malaysia’s side, through a single portal to improve accountability of stakeholders toward the welfare of Indonesian domestic workers.

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

Malaysiakini’s renewed attempt to access 3sMalaysia.com on April 1 was redirected to a new URL

Numerous attempts to register in the new portal by Malaysiakini and members of government-registered employment agencies were to no avail, indicating that it had not started functioning as a recruitment portal.

Meanwhile, Malaysia and Indonesia have inked the long-overdue memorandum of understanding on the Employment and Protection of Domestic Workers in an official ceremony on April 1 in Jakarta.

However, since the signing, there has been no announcement as to when recruitments would commence via MyOCS. - Mkini

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