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THE National Association of Human Resources Malaysia (Pusma) wants the role of foreign worker approval and management to be handed back to the Human Resources Ministry (MoHR) immediately as it is not under the purview of any other ministry.
We refer to a comment piece from an online news portal yesterday, that highlighted Datuk Seri Hamzah Zainudin’s statement at the second seating in the fourth term of the 14th Parliament in December last year, calling for employers to avoid the services of recruitment agents for migrant workers.
The minister has no right to tarnish the reputation of private employment agencies (PEA) and place such a disadvantage on a sector that has the mandate of a parliamentary legislation.
Private employment agencies, which are also known as recruitment agencies, or PEA are regulated by the Private Employment Agencies Act 1981 (Act 246) and registered with the MoHR.
His statement made in Parliament contravenes the mandate of this act.
While we appreciate that there are thousands of illegal recruitment agencies who are SMM-registered companies who have no registration with MoHR, Hamzah should have instead made that distinction and reminded employers to be vary of such fraudulent activities.
Instead, he had encouraged employers to bypass recruitment agencies and carry out the recruitment directly by going to the country of origin to recruit and doing the processing of recruitment directly, online.
Pusma would like to remind the minister to also respect the domestic laws in most of the sending countries where direct hire is against the law.
Each PEA has a paid-up capital of up to RM250,000 in bank draft to the MoHR yet we have not been able to operate since the borders closed in March 2020 and every single day the MoU is delayed is a day without operations and we are the only sector that has not yet resumed business.
This is the second time Malaysia is at a crossroad with a foreign nation on the recruitment and placement of migrant workers, also stemming from internal issues.
The last time, it was Nepal that placed a moratorium on its workers coming to Malaysia as it claimed that there was a monopoly on the labour recruitment process by a Malaysian company.
Pusma is calling on the government to formulate a national foreign worker policy and implement the recommendations by the Independent Committee on Migrant Worker Management which also recommended the reinstatement of MoHR to be directly and solely responsible for the recruitment approvals and management of foreign workers in Malaysia.
We remind the government that the management of the welfare of workers is regulated by the Employment Act 1955 and comes under the purview of MoHR only. In addition, any labour-related laws and international agreements also come under the purview of MoHR and not MoHA (Home Affairs Ministry).
This means MoHA can absolve itself from accountability in upholding our labour laws or even the implementation of MoUs entered into and can exacerbate labour violations and trafficking in persons elements which have a great impact on our economy and foreign confidence.
This was further confirmed when Hamzah said in an interview with RTM2 “Inklusif” on February 9 that his ministry did not manage human resources of the country.
Concerning the recent revelation that MyTravellPass was issued by the immigration department to foreign workers coming into Malaysia for employment when our borders were strictly closed, Pusma is worried if immigration officers can manage foreign workers without risking the security of this country.
We call attention to this mismanagement of security procedures and the minister’s admittance of a cartel within the ministry and urge Hamzah to resolve this matter for the benefit of the country.
However, MoHA issues work passes and is directly relevant to the discussions in the MoU, therefore Pusma is grateful to both ministries in their efforts to conclude the MoU and urge officials from both sides in Malaysia to come to a consensus on the flow of the recruitment and placement of workers which is currently outstanding in the negotiations.
We understand and support the Indonesian government’s efforts to put in place better safeguards for the rights and welfare of their citizens working in a sector that is very poorly regulated and, in some instances, prejudiced by local legislation.
Therefore, we urge both ministries to give priority to this common goal through an MoU that is attempting to address wages and the recruitment process starting from sending country right up to receiving country. – The Vibes, February 14, 2022
National Association of Human Resources Malaysia (Pusma) has about 120 private employment agencies registered with the Human Resources Ministry from all over Malaysia