Page 58 - BPAReport

Box 9: Proposed Policy Adjustments for Selected Enforcement Agencies

Enforcement Policies for Ministry of Home Affairs

- Accelerate the repatriation of migrants in detention depots and improve the sanitary and
health facilities at the depots;
- Foreign workers are to undergo a safety / crime screening process before being allowed
to work;
- Establish effective procedures to deal with the exploitation of marriage contracts.

Enforcement Policies for Immigration Department

- Increase enforcement and inspection levels at the border including at airports and
entrance points frequented by migrant workers;
- Ensure that Travel Agencies that bring tourists into Malaysia are registered and have
valid credentials. They should ensure that tourist have return flight tickets, hotel or
lodging arrangements, travel itinerary and source country travel agency detailed
information;
- Need to closely monitor tourist visa holders;
- JIM should focus on the causes and circumstances giving rise to the occurrence of
illegal migrants and to ease over emphasis of enforcement activities mainly on
documented migrant workers
- It is recommended that Key Performance Indicators (KPI) for enforcement agencies set
on the basis of number of arrest of illegal immigrants be reconsidered. KPIs should be
set using broader and more diverse indicators e.g. programs to educate and deter PATIs;
- The Immigration Department is advised to issue a list of suspected employers or a Black
List of employers who violate foreign worker employment regulations.

Enforcement Policies for the Labour Department and Policy Division of MOHR

- Need to re-activate the Employment (Restriction) Act 1968 by incorporating new
provisions in accordance with the latest policies regarding the employment of foreign
workers;
- Penalize employers who fail to renew the PLKS before the expiry date
- Take decisive legal action against illegal and corrupt recruiting agents;
- Provide similar protection to foreign workers as applied to Malaysians who are involved
in accidents at work
- Make more rigorous the monitoring of accommodation facilities provided to foreign
workers;
- Review all fees with a view to their standardization that are imposed by the employment
agencies or their agents in the source country.

5.3.6 Policy recommendations on recruitment of PLKS workers

49. The policy must be enforced requiring that it is mandatory for the PLKS workers to
be on the payroll of the eligible business entity. However, business entities may use licensed
recruitment companies to help them recruit, renew the permits of or replace PLKS workers.

56