Page 60 - BPAReport

58. The PLKS worker will be eligible to receive an employment initially for a duration of
two years from the date of first arrival following a clean bill of health from an official formal
medical evaluation within 30 days following arrival in Malaysia. The PLKS can be renewed
for a further two years each time following a clean bill of health from a medical evaluation.
In any case, the PLKS worker must undergo and be declared fit after a yearly official medical
evaluation in the first three years of stay in Malaysia for the PLKS to continue to be valid.
Thereafter the medical evaluation is to be undertaken every two years consistent with the
validity and renewal of the PLKS.

59. The findings from the medical evaluation are considered valid when the evaluation is
carried out within 3 months from the expiry date of the prevailing PLKS. Furthermore, the
medical evaluation must be undertaken no later than one month before the expiry date of the
PLKS. Failure to comply with this requirement will result in a penalty of RM30 a day, to be
borne by the employer.

60. The PLKS will be valid and /or issued and renewed only when the annual applicable
levy in accordance with the multi-tier levy stipulations are paid in full or in accordance with
the quarterly schedule of payments established.

61. Failure to renew the PLKS resulting in a lapse in its validity will incur a penalty of
RM30 a day to be borne by the employer. Failure to renew the PLKS beyond one month of
its expiry date will result in the cancellation of the PLKS and trigger the repatriation
requirement and process of the foreign worker in question. MOHR in coordination with other
concerned ministries and agencies will develop a mechanism to permit a variation to this
repatriation policy based on defined circumstances, e.g. deliberate worker abuse by not
renewing PLKS.

Policy recommendations for PLKS worker safety net

Accident and Healthcare Insurance

62. The physical and mental health of foreign workers is a critical issue that needs to be
addressed in a comprehensive manner. It has been stated that the increase in the number of
foreign workers has led to the emergence of new diseases and the re-emergence of some
diseases that had been eradicated or that have been on the verge of eradication. The costs of
treatment for FWs have been significantly increased due to the government policy of
charging the full fee without any rebate or subsidy.

63. The Committee recommends that foreign workers, refugees, asylum seekers and
stateless persons pay the same rate as Malaysian in the public healthcare system.

64. Occupational Safety and Health Measures should be improved across the board for all
workers, targeting foreign workers who seem to be afflicted by accidents more often.
Enhanced training and support should be provided to employers and workers in OSH
processes and procedures. Breaches of OSHA should be dealt with in an effective and
meaningful manner to protect vulnerable foreign workers.

65. The Independent Committee welcome the government’s commitment to enhance
protection for foreign workers. The government has announced that the Workmen’s
Compensation Act 1952 will be abolished so that Malaysian and foreign workers in the
country are afforded equal work place protection.

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