Page 50 - BPAReport

5.1.1 Overall policy and a single government authority to manage foreign workers

5. The Independent Committee recommends that the Ministry of Human Resources
(MOHR) be the single authority responsible for formulating the policies within the
strategic framework described above and implementing these policies effectively within the
National Foreign Workers Management System (NFWMS). MOHR is best placed to take on
this role as its mandate already involves expediting the labour market needs of the economy
and oversight of industry’s compliance with the employment laws of Malaysia and their
alignment with international norms and practices.

6. To ensure there is no conflict with this mandate of MOHR, the earlier final decision
authority on foreign worker management matters given to the MOHA Minister under JKKPA
Ke-33 Bil. 2/2005 and other Government decisions on foreign worker management
should be reviewed and may need to be formally repealed by the Cabinet to make the revised
policies consistent with this single authority mandate of MOHR. Previous special approvals
for hiring foreign workers would also need to be repealed. In addition, the Cabinet may need
a new decision to expand the role of MOHR to include these strategic functions.

5.1.2 Foreign Worker Management System Governance Structure

7. Within the governance structure of the NFWMS, MOHR will chair an Overall Policy
Review and Monitoring Committee (OPRM) which will incorporate all supporting Ministries
and Agencies that have roles in oversight of laws and regulations applicable to foreign
workers. The OPRM’s principal task will be to manage the enforcement actions of the
NFWMS and safeguard the overall integrity of the national foreign workers policy. The
OPRM will be assisted by three subcommittees:
a) the Online Integrated Foreign Worker Management Gateway Subcommittee
(OIG), which will develop the end-to-end integrated single online system to
manage foreign workers: with modules to monitor recruitment; in-country
administration; repatriation; enforcement and populating a centralized foreign
worker database.
b) the PLKS6 Workers Management Subcommittee (PWM), which will oversee the
major component of the Online Gateway applied to PLKS workers. The PWM
will also be charged with overseeing the online modules and policies to manage
undocumented workers, the second largest contingent of foreign workers.
c) the Other Foreign Workers Subcommittee (OFW), which will oversee the other
components of the online Gateway covering foreign domestic workers, expatriates,
foreign spouses, refugees, stateless persons and students/interns.

8. The OPRM will develop its own Terms of Reference (TORs) and those of the other
subcommittees and deliberate on their associated annual work programs.

PLKS = Pas Lawatan Kerja Sementara (Temporary Visitor Employment Pass) is issued to an approved foreign worker
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and this Pass entitles the worker to be employed by a specified employer within a specified economic sector for a
specified period of time. This Report refers to PLKS issued to foreign workers as PLKS workers and excludes PLKS
issued to foreign domestic workers, which are addressed separately.

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