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all recruitment related costs should be borne by the employer. The MOU process should be
made more inclusive and transparent (other than disclosure of sensitive information) through
a consultative process with all stakeholders prior to negotiations taking place. The completed
MOU agreement should be uploaded on the NFWMS portal.

22. The Independent Committee recommends that a new amnesty program for
regularizing undocumented workers be put in place with more flexible terms and incentives
to enhance attractiveness and effectiveness. The use of outsourced service providers must not
be allowed. MOHR and MOHA will jointly take charge of this new regularization program
which should be carried out in a decentralized manner throughout Peninsular Malaysia,
Sabah and Sarawak.

23. A segment of the amnesty program, will allow the undocumented workers to
voluntarily register themselves to benefit from repatriation back to their country of origin.
They will be processed for repatriation to the country of origin. The Independent Committee
strongly recommends that all offences resulting in liabilities, punishment, penalties and fees
associated with the violation of Malaysian immigration laws and regulations should be
waived or discounted. Repatriation must take place expeditiously without undue bureaucratic
hurdles.

24. Only an undocumented worker who previously held a PLKS but has, with acceptable
mitigating circumstances, overstayed or switched employer or sector without authorization,
or otherwise absconded, will qualify to participate. The acceptable mitigating circumstances
are clearly defined to include mistreatment and abuse or misrepresentation of the employment
agreement by a previous employer. Other categories of undocumented workers will face
more stringent and stricter conditions for regularizing their undocumented status.

25. The Independent Committee recommends that Operation Mega 3.0 should cease with
immediate effect.

26. The policy for expatriates should be streamlined and integrated into the online
application and approval system and the data warehouse. The criteria for the entry of EPIII
expatriates should be revisited to ensure that these workers do not compete and take away the
positions of Malaysians.

27. The Independent Committee recommends that Regulations pursuant to the
Employment Act be promulgated or a Domestic Workers Act be enacted for Malaysian and
foreign domestic household workers to provide for protection of their rights. MOUs with all
source countries for foreign domestic workers (FDW) with standardised terms should be
negotiated. The FDW process module should be developed and integrated into the online
application and approval process.

28. The Independent Committee recommends that Malaysia considers putting in place a
system to regulate the status and rights of stateless people, refugees and asylum seekers. This
will allow refugees and asylum seekers the right to work and prevent them from being
exploited in forced labour situations as undocumented workers. MOHR should develop the
module applicable to refugees and asylum seekers to integrate into the online system, which
would permit a proper Smart ID to be issued to registered refugees and asylum seekers.

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