Page 59 - BPAReport

50. The policies applicable to the licensing of recruitment companies for foreign workers
will need to be reviewed and amended to be consistent with the overall Foreign Workers
Management Policy recommendations of the Independent Committee.
Eligible employers who are in the service outsourcing business.

51. The Independent Committee recommends that the businesses involved in the
outsourcing of labour which are PLKS workers be prohibited.

52. The Independent Committee agrees that the outsourcing of business service functions
is a legitimate business model, and thus, businesses can be formally registered to offer
outsourced service functions, e.g. gardening, cleaning services, drivers, security/guard
services, etc. Such outsourcing businesses are entitled to use PLKS workers so long as the
service functions to be performed are in the eligible sectors, e.g. service sectors as security
guards, cleaners, drivers, etc. or in construction sector as prescribed by CIDB, etc. However,
the PLKS workers must then be on the payroll of the outsourcing company who will be liable
for complying with all applicable labour policies and requirements under the Foreign
Workers management policy.

53. MOHR will determine what constitutes legitimate outsourced service functions in
which PKLS workers may be deployed, following consultations with concerned ministries
and agencies, employer and employee representatives and civil society.

Policy for standard employment contracts

54. The employment contracts for all PLKS workers will be standardised. All core
components of the employment contract will be similar and variations only permitted to
cover the requirements of source country legislation where applicable. The contents of the
employment contract must comply with Malaysian employment laws and applicable
international norms. The employment contract will in addition also be provided in the
language of the source country (official translations).

55. The employment contract will be attested to by the PLKS worker before departure
from the source country. This same employment contract will then be attested to a second
time and in subsequent occasions at the point when the PLKS is first issued or upon renewal
of the PLKS.

56. The employment contract should be both in digital form (mandatory) and in hard copy
if needed. A copy must be provided to the PLKS worker in the source country language.

Policy for the length of stay for a PLKS worker

57. The Independent Committee proposes that the duration of stay in Malaysia for a
PLKS worker must not exceed 10 years. After 10 years of continuous stay under the PLKS,
the worker must return to the source country. After a period of at least 3 months from the date
of departure, this same worker is eligible to reapply and return to Malaysia as a PLKS worker
provided the worker is below 45 years of age.

57