Page 39 - BPAReport

4.3 Criticisms on the designated source countries

13. In Sabah where only Indonesian and Filipino workers are permitted some
stakeholders have asked that foreign workers be allowed from a wider choice of source
countries. They believe that this diversity will quicken the process for meeting their
production needs. More importantly, a wider pool will allow them to better source workers
with the needed experience, basic skill and work ethics. Also, workers from more distant
source countries will be less tempted to abscond which will help to temper employers’
recruitment costs.

4.4 Complaints on handling of undocumented workers

14. It is recognized that some of the Government programs to regularize undocumented
workers have led to voluntary repatriation of numerous undocumented workers as well as
returning many workers to the formal economy. Whilst the programs may have lowered the
presence of undocumented workers immediately following the end of the amnesty periods,
the continued lack of consistent and enduring effective enforcement and monitoring
mechanisms have seen a constant recurrence of the undocumented workers problem.

15. Moreover, some of these amnesty programs have been infiltrated by unsavoury
elements and corrupt practices. The most recent regularization program for undocumented
workers have attracted substantial criticisms from stakeholders as it was largely carried out
by outsourced service providers that have collected the large fees but have not fulfilled the
obligations to complete the regularization process.

16. The parties involved in human smuggling and trafficking, even when identified have
not been adequately prosecuted. It is largely suspected that this is due to the connivance of
federal, state and local authorities in these illicit activities. It is openly discussed that the
involvement in these unspoken despicable activities have penetrated the rank and file of all
the regulatory agencies responsible for the administration of both foreign workers and other
categories of migrants. The inaction of the Government thus far is unacceptable and an
affront to Malaysia’s international reputation.

4.5 Violations of Malaysian employment and other laws and international
conventions or practices

17. Stakeholders have pointed to numerous shortcomings in the application of provisions
of the employment law to cover foreign workers. The litany of complaints include violations
of requirements concerning employment contracts, payment of wages, working hours,
overtime and time off; participation in workers’ organizations; worker safety net coverage;
accommodation and health coverage outside the work context. Malaysia has also been cited
for debt bondage, forced labour and child labour practices. In addition, the current polices
prohibiting pregnancy of female foreign workers are a violation of the reproductive rights of
women.

18. In particular, there are many shortcomings in the employment laws applicable to
household workers which in numerous instances have led to inadequate protection for foreign
domestic household workers.

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