Sivakumar: Zero checks for migrant quota approvals only until March

Human Resources Minister V Sivakumar has warned employers not to take advantage of the ministry’s leniency on zero checks in its migrant worker quota application approvals.

He said the relaxed conditions for quota approvals were temporary and that all companies would be checked in six months’ time.

“Right now, we are not conducting any checks before approving applications, but don’t take this (leniency) for granted,” Sivakumar (above) said.

In January, the government announced the Relaxation of Employment of Foreign Workers Plan in five critical sectors - plantation, manufacturing, construction, agriculture, and services (restaurants) - which would run from Jan 17 to March 31.

Apart from bypassing the premises checks the labour department would normally conduct before approving migrant labour quotas applications, the ministry was also fast-tracking approvals without checking the company’s premises for appropriate accommodation.

On that note, Sivakumar said that there is 1.5 million migrant labour in Malaysia who need accommodations.

Out of the existing accommodations, only 30 percent are certified by the authorities.

“Just because we are not checking before approving their applications, doesn’t mean they can bring migrant workers without first ensuring they have appropriate accommodation.

“We advise employers to ensure there are adequate approved accommodations for their migrant workers before they arrived in Malaysia,” he told reporters after launching Centralised Labour Quarters in Jalan Melaka, Kuala Lumpur.

The relaxed preconditions include bypassing a requirement for employers to prioritise local workers - by advertising available vacancies on the ministry’s dedicated portal.

Under the plan, employers will be allowed to hire foreign workers from 15 source countries without going through the preconditions of employment and quota eligibility.

Responding to a case where a company in Penang had laid off its 102 local workers for migrant labour, Sivakumar said the labour department was investigating the matter despite the company having reinstated the local workers.

“The Penang company has agreed to reinstate the local workers they retrenched, but if we find they have broken the law, we will cancel their quota,” Sivakumar said, adding that their salaries would be brought up to date.

On Wednesday, Sivakumar issued a stern warning to employers that replacing local workers with migrant labour would make them liable to an RM50,000 fine for each offence and have their quota cancelled.

He also said the action of an employer or company to lay off local workers and replace them with migrant workers is an offence under Section 60M of the Employment Act 1955.

The Malaysian Trades Union Congress had also raised concerns over companies allegedly sidelining local workers over new migrant recruits who would be paid a lower salary, as such reducing overall operating costs. - Mkini