A High Court in Bangladesh has questioned the validity of the Malaysian government’s new 10-point criteria for private agencies to send workers here.
In an order issued yesterday, the court directed the Bangladesh government to explain within 10 days why the criteria set by Malaysia should not be declared unlawful.
The order was issued by a bench comprising judges Fatema Z Nizib and Fatema Anowar after hearing a writ petition filed by three Bangladeshi worker recruitment agencies, including Afiya Overseas.
Malaysiakini has sighted a copy of the court order.
When contacted, Afiya Overseas’ lawyer, Atikur Rahman, confirmed the matter.
“Yes, as Afiya’s lawyer, I can confirm that the court has ordered the Bangladesh government to respond to this issue within 10 days,” he told Malaysiakini.
Earlier, the agencies challenged the 10 eligibility conditions which were set by Malaysia and announced to agents in Bangladesh by its Ministry of Expatriates’ Welfare and Overseas Employment on Nov 18, 2025.
In their arguments, the applicants claimed the conditions were biased and unreasonable, effectively excluding a large number of legitimate recruitment agencies.
They argued the criteria benefited only a small number of large companies and opened the door to monopolisation in the migrant worker industry.
The applicants also contended that the approach ran counter to the principles of fair competition and was inconsistent with existing legal precedents.
The requirements
Among the key requirements is that an agency must have at least five years of licensed operations with a satisfactory track record.
Agencies are also required to prove that they have sent at least 3,000 workers overseas in the past five years.
In addition, they must have experience sending workers to at least three different countries during the same period.
Other criteria include holding a valid licence from the Bangladeshi authorities and certificates of good conduct issued by destination countries.
The High Court subsequently ordered the government to respond and defend the legality of the policy within the stipulated timeframe.
The Foreign Ministry, in an Oct 27 letter, informed embassies of migrant worker source countries on the 10 criteria for agencies supplying workers to Malaysia.
The letter sighted by Malaysiakini also requested the respective governments to submit a list of agencies capable of meeting all the conditions by Nov 15, 2025.
Wisma Putra later clarified that any questions regarding the criteria and migrant worker recruitment should be referred to the Human Resources Ministry.
“Wisma Putra takes note of inquiries regarding the diplomatic note sent to the embassies of several source countries on the rationalisation process of migrant worker recruitment agencies.
“This step is part of the government’s initiative to strengthen ethical and transparent migrant worker recruitment practices.
“In this matter, Human Resources is the lead ministry responsible for formulating and setting policies related to migrant worker recruitment,” it said in a media statement.
Other requirements include positive testimonials from at least five international employers, ownership of a large permanent office (≥10,000 square feet) that has been operational for at least three years, and having an in-house training centre.
Allegations of exploitation
On July 31, Malaysiakini reported that Bangladesh agreed to halt investigations into allegations of syndicates exploiting Bangladeshi nationals seeking work in Malaysia.
The probe’s cessation was believed to be at the request of Malaysian officials.
More than 480,000 Bangladeshi workers entered Malaysia between 2022 and 2024 through 103 agencies licensed by both governments.
This was criticised by Malaysian and Bangladeshi NGOs as allegedly exposing workers to exploitation and debt bondage after paying recruitment fees of up to RM25,000. - Mkini
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