The developer of the Ministry of Human Resources’ new domestic worker recruitment portal, MyOCS.com.my, has ties to a government-registered private employment agency (APS) called Agensi Pekerjaan Jaya Nusantara Sdn Bhd (AP Jaya Nusantara).
Although the ministry has yet to announce 3S Malaysia Sdn Bhd’s role in the development of the MyOCS.com.my portal, Malaysiakini reported today that the developer had claimed exclusive ownership of the MyOCS content, including all intellectual property and proprietary rights, title, and interests subsisting therein, in the terms and conditions for registrants.
The connection between the portal developer and the employment agency was through the owner of 3S Malaysia Sdn Bhd.
3S Malaysia Sdn Bhd’s majority shareholder of 44 percent is 3S Asia Sdn Bhd, whose registered business address indicates that it is co-occupant of an office unit with AP Jaya Nusantara.
3S Asian and Jaya Nusantara share more than a workspace in Plaza Damas 3, Taman Sri Hartamas – both were incorporated as recently as June 2021.
What’s more telling was that until March this year, AP Jaya Nusantara was known as Agensi Pekerjaan 3S Sdn Bhd.
Its shareholders are two Malaysians, Munir Sulaiman and Tan Mooi Chong.
The two are also directors in the company, along with Mohd Azizi Hamzah.
AP Jaya Nusantara’s registered nature of business indicates that it would run a private employment agency and recruit and place workers with another employer.
Malaysiakini contacted Seputeh MP Teresa Kok, who questioned in Parliament last month on the nature of engagement between 3S Malaysia Sdn Bhd and the Human Resources Ministry.
Having received no response, Kok guessed that her questions must have “hit close to the truth” and asked Human Resources Minister M Saravanan for replies owed.
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APS seeing red over unfair requirements in MyOCS
On April 1, Malaysia and Indonesia finally signed a memorandum of understanding (MOU) on the “Employment and Protection of Domestic Workers” during an official ceremony in Jakarta.
The highly contentious MOU negotiations, which have been ongoing since 2016, have led to verbal sparring from both sides in the media, and the signing date was postponed twice.
The One Channel System (OCS), which was to run the entire operations of the recruitment process through a single channel, was mooted by Indonesia as a mandatory clause during negotiations in the run-up to the MOU signing.
However, Malaysiakini, having cited the draft recruitment process flow, noted that two portals would be used - the MyOCS and the Foreign Worker Centralised Management System portals (see graphic below).
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Just last month, MyOCS.com.my was known as 3sMalaysia.com.
Following a report on the portal published in Malaysiakini on March 3, the portal became inaccessible for reasons unknown, but renewed attempts to access 3sMalaysia.com on April 1 were redirected to MyOCS.com.my.
Meanwhile, on March 16, associations representing APS in Malaysia confirmed at a press conference having been briefed by representatives from 3S Malaysia Sdn Bhd and 3S Asia Sdn Bhd during a meeting organised by the Labour Department of Peninsular Malaysia on March 2.
The group was informed that the 3S Malaysia Sdn Bhd had developed the MyOCS portal.
The press conference was called by APS associations to openly declare their objections over undue risks they were expected to take, like paying RM10,000 before even receiving a worker’s biodata.
During the press conference, Foo Yong Hooi, president of the Association of Employment Agencies, Malaysia, said he had asked the Labour Department for solutions to several situations that could arise from APS having to make advance payments through the portal.
They are worried about risks like not receiving the number of workers that were paid for or having to wait exceedingly long for workers to arrive while their funds were tied up in the portal.
Foo and the others agreed that the MyOCS portal should only process the applications and leave the payments to be conducted in a business-to-business manner with their counterparts in Indonesia. - Mkini
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