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Wednesday, December 21, 2022

'No blacklist to block bad companies from hiring migrant workers'

 


Human Resources Minister V Sivakumar has revealed that there is no existing blacklist in the country to prevent companies with bad labour practices from hiring migrant workers.

"There isn't one," he said briefly when asked about the matter during a press conference at the Human Resources Ministry in Putrajaya today.

Sivakumar (above) today spoke of a case where 12 Indonesian workers fell victim to a private employment agency in Klang.

Based on its investigations, the Labour Department found that the 12 Indonesian women were promised work as domestic workers, or housekeepers, but were locked up in a condominium unit owned by the said private agency - supervised by two workers.

“The investigation also found the existence of indicators of forced labour and human trafficking such as confining people, restricting freedom of movement and preventing access to communication with outsiders.

“All 12 women have been placed under protection while the agency was accused under Section 12 of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007,” said Sivakumar.

This year alone, Malaysia’s disappointing commitment to improving the protection of Indonesian workers strained bilateral relations between the two countries.

The lack of commitment led to Indonesia resorting to the extreme measure of imposing a freeze on workers entering Malaysia for employment on two separate occasions.

Indonesians represent the highest group of migrant labour in Malaysia. The International Labour Organization estimates that there are 690,659 documented workers in Malaysia.

Meanwhile, Prime Minister Anwar Ibrahim is aware of the strain on the bilateral relationship stemming from labour violations and that was evident when he took Indonesia’s President Jokowi's congratulatory phone call as the newly minted prime minister of Malaysia.

In a video that went viral with Jokowi's call placed on speaker mode, Anwar was heard giving his assurance to address labour concerns as one of the main issues between the two countries.

OCS woes

He also clarified that the One Channel System (OCS) - a system designed to deal with the recruitment process and management of foreign workers - remains under the Human Resources Ministry.

The minister has emphasised the importance of tackling foreign labour issues in the nation, regardless of which ministry takes charge of the OCS.

Following calls for his ministry to manage the system, Sivakumar said the ministry's current priority is to ensure that businesses possess sufficient labour to continue their operations.

“The issue is not where we should put (OCS), but how we are going to solve the problem of foreign labour (shortages).

“Whether OCS is under my ministry or the Home Ministry, what matters is how we are going to solve the troubles we are facing,” he said.

Earlier today, the Malaysian Employers Federation called for the recruitment and management of foreign workers - including foreign domestic workers - to remain under the Human Resources Ministry to ensure efficiency.

The Human Resources Ministry and Home Ministry today have been ordered to expedite new foreign workers' entry approval.

This applies especially to the agriculture, service and construction sectors.

Anwar, following a cabinet meeting today, said the three sectors must be focused upon as a labour shortage in these sectors could lead to production issues.

OCS, a system designed to handle the recruitment and management of foreign workers, is part of the memorandum of understanding signed between Malaysia and Indonesia on the placement and protection of Indonesian domestic workers here.

On Dec 14, The Star quoted Indonesian ambassador Hermono as saying the proposed OCS has yet to see its implementation.

The ambassador claimed that the Malaysian authorities required more time to update the system on their side before the system is fully operational.

However, according to Hermono, around 1,600 employment contracts have been processed by the embassy’s internal system, out of which, about 600 workers have arrived in the country.

The implementation of the OCS has been in limbo despite having been agreed upon by both governments through a memorandum of understanding (MOU) signed in April.

When asked whether any reviews would be needed following the change of governments, Hermono commented that the agreement would go on, as agreed upon.

“A review mechanism can be carried out in the next Joint Working Group (JWG) to ensure the implementation of the MOU,” said the envoy.

The process of recruiting new foreign workers was revamped in April 2022, with the ministry leading the management of the OCS.

No decision on work permits for refugees

Meanwhile, Sivakumar said the ministry has yet to reach a final decision on enabling refugees to obtain work permits to allow them to work in Malaysia.

“We don’t have a final decision yet (on whether refugees should be allowed to secure work permits).

“Some parties have suggested that the ministry consider the matter, but we have not come to a decision yet,” he replied.

He said this posed questions on whether the ministry has plans to make such a move.

In March, Putrajaya was reportedly working on guidelines regarding permission for refugees to work in Malaysia.

Former human resources minister M Saravanan had led the committee which was tasked with reviewing the issue.

At the time, Saravanan had said that the human resources ministry will guarantee that giving refugees the right to work in the country will not disrupt job opportunities for Malaysians. - Mkini

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