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5.3.5 Policy recommendations for PLKS worker enforcement

Subcommittee on enforcement of PLKS workers policies

36. A subcommittee for enforcement affecting PLKS workers is to be established within
the Overall Policy Review and Monitoring Committee (OPRM) (chaired by MOHR). It will
comprise all regulatory and supervisory agencies for foreign workers e.g. Immigration,
MITI/MIDA, Plantations/MOA, NIOSH, SOCSO, CIDB, etc. MOHR should also engage the
enforcement authorities of state and local governments to ensure that their enforcement
actions are consistent with those pursued by federal authorities. The committee must meet
every month to discuss any emerging issues or otherwise review recent trends and
developments.

37. The enforcement sub-committee members will review each other’s SOPs to ensure
consistency in coverage and completeness to safeguard against violations of the foreign
worker management policy, Malaysian employment laws, international migrant labour
standards, applicable human rights provisions, etc. A primary objective of enforcement
activities is to understand the root causes for the existence of undocumented workers and
strive to reduce their numbers.

38. The subcommittee will prepare a monthly report for submission to OPRM and
onwards to Cabinet (if needed) detailing overall developments in the foreign worker situation
and management actions taken. The report is to include enforcement measures implemented,
violations detected, corrective actions taken, and future adjustments to measures to reflect
lessons learned and to mitigate gaps in enforcement revealed.

39. All regulators must revamp their inspection and investigation processes on foreign
workers to support an effective management of foreign workers. For this purpose they must
source their information and intelligence gathering from the established online database for
management of foreign workers.

Governance and effectiveness in enforcement actions

40. Regulators must play an active role in the governance and evaluation of effectiveness
of the system for management of foreign workers. They must prepare monitoring and
evaluation reports for submission to the steering or working committees on the work within
their mandate on regulating foreign workers. Any issues raised and shortcomings identified in
the management of foreign workers should be evidence-based. Suggestions for corrective
actions must be agreed and implemented.

41. Regulators must enforce compliance with employment labour laws. They must ensure
that employers use standard contracts, not withhold or retain PLKS worker passports, engage
in unlawful deductions for employer incurred fees (health, insurance, visa renewal, levy, etc)
and other inappropriate outlays, etc.

42. Regulators must strictly ensure that the employer is a legitimate business and in an
approved sector for hiring foreign workers. Special attention must be paid to employers that
are service outsourcing companies to ensure compliance with employment laws and the
foreign workers management system.

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